Resources

A recent UK Supreme Court decision has brought clarity for thousands of families of people who were exposed to Asbestos and subsequently died from the asbestos related illness mesothelioma. The six year battle has focused upon whether insurers who provided employer’s liability insurance cover at the time the Claimant’s were exposed to asbestos should pay compensation to the victim’s families, even though the Claimant didn’t develop any symptoms of illness until many years after the relevant policy had expired. The Supreme Court has now ruled that the disease can be said to have been “sustained” by an employee in the…

  The Agency Workers Regulations 2010 (AWR) came into effect on 1 October 2011.  The aim of the Regulations is to ensure that agency workers are receive equal treatment in terms of basic working and employment conditions as if they had been employed directly to do the same job.  Many employment agencies seek to avoid the impact of these Regulations by entering into contracts of employment with the temporary staff on their books and then relying on regulations 10 and 11 to claim that therefore they are no longer agency staff.  This may work for some agencies but the exclusion…

Jordans Spring 2012 Commercial Newsletter

1. National Debtline – 0808 808 4000 www.nationaldebtline.co.uk Phoneline open until 9pm weekdays and 9.30am – 1pm Saturdays. Website contains factsheets and guidance. Advice covers – debt advice, insolvency, bailiff attendances, court enforcement action related to debts (charging orders, attachment of earning etc.), rent arrears, possession claims for non payment of rent, council tax/utility arrears 2. Shelter – 0808 800 4444 – www.shelter.org.uk Phoneline open 7 days a week. Website contains useful factsheets and guidance. Advice covers – homelessness, evictions (council and private landlords), mortgage repossessions. How to find somewhere else to live. Useful for – anyone needing guidance on…

Below is our informal guide on how to go about raising your complaint with the organisation you are in dispute with. Unfortunately, complaints can arise in respect of all manner of issues and therefore, there are no definitive rules to fit every situation. As a matter of good practice, we have found that the below steps work well. Step One In order to resolve a dispute, you first need to let the other party know that you are unhappy with the situation you find yourself in. This could be because you are not satisfied with an item you have bought…

With the economic recession still gripping the country some parts of the region have plenty available commercial property up for let, often at very reasonable rents. Landlords are keen to fill their properties and many find that prospective tenants drive a good bargain on the rent and other terms. Often tenants want flexible terms and short lettings whilst they try their hand at a new venture. In these types of situations it is easy to skip issuing a lease to save on the cost of having one prepared. But is this a good idea? The answer is no. Leases protect…

It seemed like a very good idea at the time. Two or more friends/colleagues/acquaintances going into business together, pooling resources to maximise results and each sharing a mutual passion and willingness to succeed. In the excitement of the moment it is easy to get carried away and forget about documenting basic terms of your agreement. You are in a hurry to start making money and think there will be time later to bottom out the finer details with your business partners later. You all want to achieve the same time so what can possibly go wrong? If everyone pulls their…

As a result of the economic downturn many buildings are left empty in need of occupiers or redevelopment. Empty buildings can quickly deteriorate and become dilapidated with no prospective of rejuvenation in the coming months or years. Local authorities have wide powers under the Building Act 1984 and the Town and County Planning Act 1990 to target such buildings on the grounds that they might be dangerous or else their state and condition has a severe detrimental impact upon the amenity of the local area. Local authorities can serve notices upon the owners and any occupiers of such buildings requiring…

Being paid for the goods or services you supply is the ultimate goal for any business. It is after all, why we trade and enables us to carry on trading. Sometimes however, it can feel like running a gauntlet when it comes to collecting your payment and doing a good job does not seem to be enough to ensure that you recover payment promptly. Unfortunately, there is no recipe for guaranteeing payment but here are some tips which might improve your chances of being paid and being paid within a reasonable time period. 1. Know your customer. Doing a small…

This is an article that reports on the case of Levicom International Holdings BV and another v Firm X (a firm) [2010] EWCA Civ 494 This is a professional negligence case against a firm of solicitors. The facts of the case were as follows: Two companies, Levicom and NetCom, had become embroiled in dispute. Levicom felt that Netcom had breached a shareholders agreement to which each were party that served to regulate the affairs of a Baltic Telecoms company. Levicom argued that Netcom were in breach of the shareholders agreement by subsequently buying a separate telecoms company trading in the…