| Quick Links | Kent SolicitorsLatest legal news from Kent Solicitors, Kaslers Solicitors LLP.Tuesday, 30 September 2008Sex discrimination
It is sex discrimination to treat a woman less favourably than a man
It is not sex discrimination to fail to treat a woman more favourably than a man There is no legal requirement to discriminate positively in favour of women Labels: Sex discrimination employers investigating fraud
Make sure that you investigate thoroughly and that there are no reasonable grounds to believe in the employees innocence. Otherwise your dismissal may be held to be unfair.
Labels: employment tribunal unfair dismissal Monday, 29 September 2008Land - restrictive covenant
Remember that you can apply to the Lands Tribunal to discharge or modify a restrictive covenant if it restricts reasonable use of land, confers no practical benefit of substantial value or advantage and the loss of the covenant can be compensated in money. This effectively allows you to buy off the restrictive covenant in many cases
Labels: land restrictive covenant Friday, 26 September 2008Trading whilst insolvent
Proposals are bring considered to require company directors to disclose any "significant doubts" over whether a business is a "going concern".
Labels: Company trading insolvent going concern Divorce and child maintenance
The Child Maintenance and Enforcement Commission (CMEC) will replace the Child Support Agency from October 2008.
CMEC will encourage separating parents to make their own financial arrangements allowing it to focus on fathers who to go extreme lengths to avoid making payments. Labels: divorce child maintenance enforcement commission Thursday, 25 September 2008Divorce and child maintenance
The Child Maintenance and Enforcement Commission (CMEC) will replace the Child Support Agency from October 2008.
CMEC will encourage separating parents to make their own financial arrangements allowing it to focus on fathers who to go extreme lengths to avoid making payments. Labels: divorce child maintenance enforcement commission Divorce and child maintenance
The Child Maintenance and Enforcement Commission (CMEC) will replace the Child Support Agency from October 2008.
CMEC will encourage separating parents to make their own financial arrangements allowing it to focus on fathers who to go extreme lengths to avoid making payments. Labels: divorce child maintenance enforcement commission Wednesday, 24 September 2008Coroner - new rules
Proposals are bring considered to give relatives the right to appeal against certain coroners' rulings and also to challenge a coroners' decisions on whether to hold an inquest; the performance of a second autopsy; and verdicts. At the moment, relatives can only achieve this by bring expensive judicial review proceedings.
Labels: coroner appeal Tuesday, 23 September 2008Landlords given more time to notify on deposits
Landlords of residential property, who fail to register or protect (under a Tenancy Deposit Scheme) a deposit taken from a tenant, is liable to pay the statutory penalty of three times the deposit
The landlord must also notify the tenant of the details of the scheme within the statutory 14 days notified. Provided he does this before the tenant submits his application, the landlord will not have to pay the penalty Labels: landlords residential property tenancy deposit scheme penalty Monday, 22 September 2008Sex discrimination - positive discrimination
In very exceptional circumstances, it is open to an employer to state that he intends to give preference to one gender rather than to another i.e. discriminate positively
However it is not sex discrimination if that opportunity to discriminate positively is not taken on any particular occasion and all candidates are treated equally. Labels: Sex discrimination positive Thursday, 18 September 2008Defamation
There is a difference between slander and libel. With slander, actual financial loss must be proved so potential claimants will have a tougher time winning damages.
Statements, if defamatory, on an investors bulletin board are slander rather than libel Labels: Defamation slander libel damages Employment – good faith and fidelity
An employee on garden leave must still serve his employer with good faith and fidelity, an implied term in any employment contract
If he joins a competitor he may become liable for substantial damages Labels: Employment good faith fidelity Wednesday, 17 September 2008Prenuptial agreements
The Law Commission is to look at these. Many people are hoping that they will recommend that courts must give effect to them, subject to certain safeguards.
Labels: prenuptial agreements Tuesday, 16 September 2008Mortgages - disclosure of incentives
Incentives will need to be disclosed to your lender so that it can see the true value of the property against which it is lending. In the current climate, many developers are offering very valuable incentives to get rid off their housing stock.
Labels: mortgages disclosure incentives Monday, 15 September 2008Gangmasters
A number of industries obtain labour through gangmasters. Check that the gangmaster is licensed by looking at the Gangmasters Licensing Authority register over the Internet http://www.gla.gov.uk/index.asp?id=1012772
Friday, 12 September 2008Comparative advertising
There is a Directive which tells you what you can and what you cannot do. What if someone uses your trademark in comparative advertising. Can you complain and to whom? You can use trademark legislation but will need to prove "likelihood of confusion". Alternatively you can try to persuade the Office of Fair Trading and/or Trading Standards to take action.
Labels: trademark advertising Thursday, 11 September 2008New Builds
As in the last recession, problems are emerging with new build contracts. Lessons have not been learned.
Background: On selling a new build, the builder wants to keep the completion date flexible. What happens if the builder does not allocate men or resources to completing your new build, does not call for completion and, in the meantime, your lender withdraws / modifies his loan offer? Much depends on the wording of your contract to buy. Did you stipulate a long stop date? Admittedly, not many builders agree these, but at least, their refusal would have focused your mind on this entirely foreseeable problem. You are in danger of losing your deposit and being sued by the builder for the balance of difference in the contractual price and the current price, now the market has dropped. What sort of advice were you getting (or rather not getting)? The newspapers have been talking about the credit crunch for over a year now. Has your Conveyancer been negligent in not discussing this scenario? Especially if you are committing yourself to a fixed date on the sale of your existing property. Example: you agree to buy for 200k and put down a 20k deposit. Your Lender was going to lend £180k, but will now only lend 150k. You cannot find the extra 30k. The builder calls for completion. You cannot complete. The builder sells the property again for whatever he can get. If this is only 160,000k, then he is 40k short. He can forfeit the 20k deposit and sue you for the other 20k. Michael Breeze Mobile: 07 900 195.195 email: mdb@kaslers.co.uk Labels: new builds Wednesday, 10 September 2008Employment - liquidated damages
Employer wants to hire new guy and is willing to pay a handsome salary and a signing on payment
Employer offers employment on the basis that if the guy accepts but then failed to start work, the latter should pay liquidated damages amount to 50% salary and 50% signing on fee Was this an unenforceable penalty? No, said the Court, it was reasonable compensation especially when compared to the losses / disadvantages to the employer in being messed around like this - for which the employer could sue Michael Breeze, Kaslers Solicitors LLP 07 900 195. 195 www.kentsolicitor.co.uk Labels: employment liquidated damages Tuesday, 9 September 2008employers investigating fraud
Make sure that you investigate thoroughly and that there are no reasonable grounds to believe in the employees innocence. Otherwise your dismissal may be held to be unfair.
Labels: employment tribunal unfair dismissal Monday, 8 September 2008Coroner - new rules
Proposals are bring considered to give relatives the right to appeal against certain coroners' rulings and also to challenge a coroners' decisions on whether to hold an inquest; the performance of a second autopsy; and verdicts. At the moment, relatives can only achieve this by bring expensive judicial review proceedings.
Labels: coroner appeal Friday, 5 September 2008Divorce and child maintenance
The Child Maintenance and Enforcement Commission (CMEC) will replace the Child Support Agency from October 2008.
CMEC will encourage separating parents to make their own financial arrangements allowing it to focus on fathers who to go extreme lengths to avoid making payments. Labels: divorce child maintenance enforcement commission Thursday, 4 September 2008Trading whilst insolvent
Proposals are bring considered to require company directors to disclose any "significant doubts" over whether a business is a "going concern".
Labels: Company trading insolvent going concern Wednesday, 3 September 2008Assignment of Lease - Guarantee pitfalls
An assignment of a lease can lead to a long guarantee obligation for the assignor. If a post-1995 Act lease is assigned, the assignor may become a guarantor by virtue of entering into an Authorised Guarantee Agreement (AGA) if required by the lease. Whilst this clearly has implications for the assignor, it is also important to remember that it has consequences for the assignee
Many leases contain clauses providing that the lease may be forfeited by Landlord on the insolvency of any surety of Tenant. This will mean that the lease is liable to forfeiture not simply on the insolvency of a company acting as a guarantor to the assignee, but also on the insolvency of the assignor (since it will be classed as a surety). If that assignor, being the guarantor under the AGA, is insolvent, then Landlord may be able to require the existing Tenant (the assignee) to provide a replacement surety, depending on the terms of the lease. It follows that anyone taking an assignment of an existing lease needs to be sure of the financial stability of the assignor. In an extreme situation, the assignor could be a company that becomes insolvent, in which case the assignee may face forfeiture (or have to make an application for relief from forfeiture), and also have to find a replacement surety. Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 http://www.kentsolicitor.co.uk/ Labels: Assignments lease Guarantee Tuesday, 2 September 2008Buying a Lease
Many leases say that the lease may be forfeited by Landlord on the insolvency of 'any Surety' of Tenant.
'Surety' will include the seller of the lease, who has entered into an Authorised Guarantee Agreement. If he 'goes bust', then the Landlord may be able to require you to provide a replacement surety, depending on the terms of the lease. Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 http://www.kentsolicitor.co.uk/ Labels: leases landlord insolvency Monday, 1 September 2008Building Regs: time limits
If building works are not carried out in accordance with Building Regulations 2000, then a Local Authority can prosecute within 6 months from the date of completion of the works
This period is likely to be increased to 2 years and anyway this is already the period for certain environmental breaches e.g. in respect of fuel, thermal, energy and Co2 provisions after 06/04/08. Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 www.kentsolicitor.co.uk Labels: building regulations
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We are regulated by the Solicitors Regulation Authority (Reg No 408936).
The LLP Members are Michael D Breeze LL.B (Hons) (SRA Reg No 110184) and Simon McCree Scott LL.B (Hons) (SRA Reg No 298202)
Registered office and main trading address: Suite 3, 10 Churchill Square, Kings Hill, West Malling, Kent ME19 4YU
Tel: +44 (0)845 270 2511 Fax: +44 (0)845 270 2513 Mobile: 07 900 195 195 DX 92863 West Malling