EU Settlement Scheme Family Permit
Author: Bhavneeta Limbachia
If you are a non-EEA family member and your family member has been granted pre-settled or settled status under the EU Settlement Scheme, you can either travel or ... Read More
What is the Difference Between Permanent Residence and Settled Status?
Author: Christopher Smith
Brexit. A term that is currently riddled with uncertainty. There are many questions about the difference between Permanent Residence (PR) and Settled status in a post-Brexit Britain. Therefore, this ... Read More
Obvious Risk – Is it Really That Obvious?
Authors: Michael Bath, Partner, Ryan Stehlik, Special Counsel & Kim Ong Lynch, Senior Associate
Navigating what will and will not constitute an obvious risk under the Civil Liability Act 2002 (NSW) (CLA) can ... Read More
Momentary Misjudgment Insufficient to Crush Plaintiff’s Claim for Damages
Authors: Rebecca Stevens, Partner & Amy Gill, Special Counsel
A worker’s actual knowledge of a specific risk that arises on a worksite may not provide sufficient basis for a finding of ... Read More
To What Extent Must Financial Advisers Know Their Clients?
Authors: Katherine Hayes, Partner and Greg Stirling, Senior Associate
A recent Supreme Court of Queensland decision in the case of Bankier v HAP2 Pty Ltd [2019] QSC 101 has highlighted the need for ... Read More
Taking and Enforcement of Charges Over Shares in English Companies
Author: Jon Chapman
Charges over shares of companies incorporated under English law are not uncommon, often as part of a group banking facility, where subsidiary company shares are charged by the ... Read More
Restriction against holding any ‘interest in’ a competing business was too wide but could be severed
In Tillman v Egon Zehnder Ltd, the Supreme Court held that a restrictive covenant which prevented a business executive from being directly or indirectly engaged, concerned or interested in any ... Read More
Posted Workers and the Van Der Elst Provision
The Posted Workers directive or the Van Der Elst provisions have been an important mechanism for EU-based companies in posting employees to provide services across Europe. These provisions despite their ... Read More
How is Technology Affecting Construction Disputes?
Technology is affecting the way claims are made and dealt with in many different ways. It is making it easier not only to find out relevant information but also to ... Read More
GDPR Enforcement: ICO issues second intent to fine in two days
Just one day after the ICO delivered a notice of intent to fine British Airways £183 million for alleged personal data breaches, it has delivered another, this time to global ... Read More
Human Resources and Ethics in Artificial Intelligence
The recently announced huge gift of £150 million to Oxford University by Stephen Schwarzman to fund a new institute for ethics in artificial intelligence is a reminder of the huge ... Read More
Presenter’s Arrangements with BBC Not Subject to IR35 Rules
In April we blogged about the upcoming reforms to the Tax framework - IR35.
Under current legislation, where an individual offers services through a PSC but in practice the relationship is ... Read More
Top 4 Points to Remember When Applying for British Citizenship
The below is a summary of the most important requirements for naturalisation. Remember the key is preparation!
1. Life in the UK test
If you are between 18 and 65 then you ... Read More
Employer’s Allocation Of Training Duties Found To Be Discriminatory for Employee For Whom English Was Not His First Language
In the recent case of Khawaja v Transport for London, a Tribunal found that an employee had been subjected to direct race discrimination by his manager in respect of the ... Read More
Non-Disclosure Agreements (NDAs) in Discrimination Cases
The Women and Equalities Select Committee (“WESC”) has called for the government to either ban or reset the parameters on which NDAs are used by employers to silence employees’ allegations ... Read More
New International Labour Standard on Violence and Harassment at Work
For over 20 years, Clarkslegal has been an integral part of the UK delegation to the International Labour Organisation (ILO), the United Nations agency which sets international labour standards and ... Read More
EU Settlement Scheme Update – June 2019
The EU Settlement Scheme has now been fully open since 30 March 2019. The scheme allows EEA and Swiss citizens resident in the UK to secure their status in the ... Read More
Immigration Update on Brexit
The UK government is to expect its third Prime Minister in July in the 3 years since the EU Exit Referendum took place. The new leader is likely to define ... Read More
Investing in the UK: The Tier 1 Investor Visa
The UK’s economy is extremely resilient and continues to provide foreign investors with a stable base to access European markets and beyond. Following the closure of the Tier 1 (Entrepreneur) ... Read More
UK E-gates open to US nationals and six other countries from June 2019
The days of US nationals and nationals of Australia, Canada, Japan, New Zealand, Singapore, and South Korea waiting in long queues for UK border control are numbered. From June 2019, ... Read More
The new Innovator Visa & Start-up Visa routes are officially open
Author: Hamza Malik
The government announced the closure of the Tier 1 (Entrepreneur) and Tier 1 (Graduate Entrepreneur) routes on 7 March 2019. In their statement of changes to the Immigration Rules, ... Read More
Major changes to Immigration Rules announced in the UK
Author: Hamza Malik
The Government published yesterday 297-pages of changes to the Immigration Rules. Separately, it also announced changes to the Immigration fees. Most of these changes will be effective from 29 ... Read More
Business Immigration routes to the UK
Author: Hamza Malik
The Brexit noise is deafening for those wishing to migrate to the UK. However, the UK Immigration routes remain open for business. Businesses who have utilised these routes ... Read More
Court of Appeal Overturns Noise Ruling
By: James PattenClarkslegal LLP (Reading, England)In the recent case of Coventry (T/A RDC Promotions) & Others -v- Lawrence & Others [2012] EWCA Civ 26, the Court of Appeal has overturned ... Read More
Court Holds that Website Term is not Binding on Consumer
Contact: James Patten; Clarkslegal (Reading, England)
In the recent case of Spreadex Ltd -v- Cochrane [2012] EWHC 1290 (Comm), the High Court has held that a term in a Customer ... Read More
Court Delivers Ruling in Sofa Litigation
Contact: Clarkslegal (Reading, England)
In the recent case of Argos Ltd & Others -v- Leather Trade House Ltd (formerly BLC Leather Technology Centre Ltd) [2012] EWHC 1348 (QB), the High ... Read More
Clampdown by the Courts on claimants who fraudulently exaggerate the value of their claims
Untitled Document
Contact: Jack Ridings and Chris Tayton at Clarkslegal (Reading, England)
A perennial problem faced by the Courts is the temptation by claimants to overstate the value of their claims. The problem is particularly acute ... Read More
Does an indemnity for costs in a commercial contract mean anything?
Contact: Antony Morris; Clarkslegal LLP (Reading, England)
Many commercial agreements contain clauses stating that one party is required to indemnify the other part for legal costs in the event of a breach ... Read More
No More Second Chances
Contact: Stephen James; Clarkslegal LLP (Reading, England)
Litigation is sometimes criticised as slow and expensive. The ‘Jackson Reforms’, which came into force earlier this year, are intended to get to grip ... Read More
A Contract Made in Two Jurisdictions?
Contact: Adam Knee; Clarkslegal LLP (Reading, England)
In many disputes between parties based in different jurisdictions, one of the key battles will be over the place in which a dispute should be ... Read More
Law Applicable to Agency Agreements Reconsidered
Contact: Emma Butcher; Clarkslegal LLP (Reading, England)
A recent decision of the European Court of Justice (United Antwerp Maritime Agencies (Unamar) NV v Navigation Maritime Bulgare) has cast doubt on the law ... Read More
Challenges to the Validity of Erroneously Signed Wills
Contact: Emma Butcher; Contact: Clarkslegal LLP (Reading, England)
A recent decision of the Supreme Court has confirmed that the courts will now take a more flexible approach to the rules which apply ... Read More
Maintaining Legal Privilege Over your Documents
Contact: Chris Tayton; Clarkslegal LLP (Reading, England)
It is a fundamental principle of the English legal system that certain documents recording legal advice or prepared for the purpose of anticipated legal proceedings are ... Read More
Directors' Liability for Costs of Litigation When the Company is the Defendant
Contact: Adam Knee; Clarkslegal LLP (Reading, England)
The recent case of Axel Threlfall –v- ECD Insight Limited and Another has opened the door to claims that directors may be responsible for paying Costs ... Read More
High Court or County Court?
Contact: Antony Morris; Clarkslegal LLP (Reading, England)
For many years the rules governing civil claims have provided that money claims (except personal injury claims) can be started in either the High Court or ... Read More
Trade Mark Essentials
Contact: John Warchus; Clarkslegal LLP (Reading, England)
A trade mark is normally a word or logo or combination of both that is associated with certain goods or services giving rise to ... Read More
A Person's Name is Personal Data
Contact: Louise Merrell; Clarkslegal LLP (Reading, England)
An individual (data subject) has the right to access personal data about them from anyone who may hold this (data controller) and can write to the ... Read More
Developing Mobile Apps - Legal Essentials
Contact: John Warchus; Clarkslegal LLP (Reading, England)
As is well known, there has been an explosion in recent years in the number of mobile apps being created and distributed worldwide: it is estimated ... Read More
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the Regulations)
Contact: Asha Grewal; Clarkslegal LLP (Reading, England)
These new Regulations will complete the implementation of the Consumer Rights Directive in a drive to harmonise consumer rights across the EU and, as they come ... Read More
Trap for Landlords - VAT on Storage Facilities
Contact: Richard Higgs; Clarkslegal LLP (Reading, England)
It is well known that there is a blanket exemption from VAT for land and property. Landlords and landowners will be all too familiar ... Read More
Flooding and Property Insurance
Contact: Richard Higgs; Clarkslegal LLP (Reading, England)
The ongoing floods, following the wettest winter on record, have affected almost everyone in some way and have dominated the headlines over the past few weeks. ... Read More
Are you Being Fairly Served? Your Options if You are unhappy with Your Property Service Charges
Contact: Antony Morris; Contact: Clarkslegal LLP (Reading, England)
It is common for tenants of multiple occupancy buildings to complain about the level of their service charges. Some are lucky enough to have been ... Read More
Commercial Rent Arrears Recovery for Leases (CRAR)
Contact: Sarah Connor; Clarkslegal LLP (Reading, England)
Commercial Rent Arrears Recovery (CRAR) is a method of enforcement to recover rent arrears relating to commercial property, which comes into force on 6 April 2014. ... Read More
Kiosk Licenses — Open Air Freedom?
Contact: von Briesen & Roper, s.c. (Wisconsin, USA)
The proliferation of kiosks and carts at major shopping centers across America creates opportunities and risks for retailers looking to secure valuable space at ... Read More
Rights of the Landlord Where a Tenant has Remained in Occupation Following Expiry of a Lease
Contact: Rachel Krol; Clarkslegal LLP (Reading, England)
The situation that arises where a tenant remain in occupation after the term of the lease has expired can be complicated, particularly where the lease is ... Read More
Recent Caselaw on Break Clauses - A (rare) Decision in the Tenant's Favour
Contact: Clarkslegal (Reading, England)
One of the many pitfalls which can arise when negotiating and exercising break clauses in leases is the condition for the rents to be paid up to ... Read More
A Guarantor or Not a Guarantor? That is the Question.
By: Claire LeyshonClarkslegal LLP (Reading, England) The vexed question as to the extent of a guarantor’s continued liability for a tenant proposing to assign its lease finally came before the ... Read More
Real Estate Investment Trusts (REITS) - Proposed Changes to the Regime
By: Rachel KrolClarkslegal LLP (Reading, England) The UK Real Estate Investment Trust (REIT) Regime started on 1 January 2007 and we have previously posted a paper on the workings of ... Read More
A Quick Guide to Doing Business in the UK
Contact: Clarkslegal (Reading, England)
IntroductionThere are great opportunities for foreign entrepreneurs and companies to make use of the dynamic and open business climate existing in the UK, as well as a ... Read More
Late Payment of Commercial Debts Regulations 2013 (Regulations)
Contact: Clarkslegal (Reading, England)
On 16 March 2013 the new Regulations came into force, introducing new rules relating to payment periods, and the dates from which statutory interest runs on commercial debts ... Read More
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