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Nicola Gooch

T'was the last working day before Christmas: A Festive Case-Law (and CIL) round-up

It is my last working day before Christmas, and the emails are blessedly quiet, so what better way to celebrate the imminent festivities...

24/12/24
Garon Anthony

Business Interruption Insurance - Permission to Appeal Refused

We have commented regularly on the business interruption insurance cases following the Covid-19 pandemic as they have made their way...

20/12/24
Paul Henson

On the Twelfth Day of Christmas...The First Significant First Tier Tribunal Decision on a Remedial Contribution Order Case

The case of Triathlon Homes v Stratford Village Development Partnership (1) Get Living Plc (2) East Village Management Limited (3) [2024]...

20/12/24
Andrew Walker

Order annulling a bankruptcy order can be rescinded.

Irwin Mitchell has successfully assisted an individual in the unusual step of obtaining the rescission of an annulment of a bankruptcy...

19/12/24
Ben Gildea

On the Eleventh Day of Christmas...Calculating Rents Under The Electronic Communications Code – Where Are We Now?

Undoubtedly the telecommunications industry remains a vital sector for the future of the British economy. The new Labour government...

19/12/24
Nicola Gooch

Let us CPO: MHCLG launches pre-Christmas consultation on proposals to significantly broaden CPO powers and the ability to remove hope value

After four significant working papers and a shiny new NPPF, we finally have a traditional pre-Christmas consultation! Today MHCLG has...

19/12/24
Jane Anderson

On The Tenth Day of Christmas.....Fixed Recoverable Costs Where Are We Now?

After a few false starts the extended Fixed Recoverable Costs (“FRC”) regime came into effect on 1 October 2023 (“the Rules”). The...

18/12/24
Elisa Daykin

On the Ninth Day of Christmas....intention to occupy and subsequent damages under S37A of the Landlord and Tenant Act 1954

In the case of McDonald’s Restaurants Ltd v Shirayama Shokusan Company Ltd [2024], McDonald’s sought a new lease for premises in the...

17/12/24
Joanne Moseley

Jury service: your questions answered

When an employee tells you that they have been called for jury service, it will probably be a surprise. You may never have had an...

17/12/24
Rachel Piper

Transcripts of witness interviews conducted by administrators can be subject to litigation privilege

On 11 November 2024, the High Court published its judgment in NMC Health Plc (in administration) v Ernst & Young LLP [2024] EWHC 2905...

17/12/24
Alexandra Addington

How to strike the right balance when contacting employees who are off sick

It's important to maintain a certain level of contact with employees who are off sick to understand what is happening and provide support...

17/12/24
Nicola Gooch

I'm Dreaming of a White Paper... on Strategic Planning*

Hot on the heels of Sunday's working paper on nature recovery, we have yet another festive delivery. Today, the Government has released...

16/12/24
Laura McKay

On the Eighth Day of Christmas…Insurers, Contribution and Damage – The Current Position

Today we consider the interplay between the Civil Liability (Contribution) Act 1978 (the “1978 Act”) and the Third Parties (Rights...

16/12/24
Nicola Gooch

All I want for Christmas is a better solution to Nutrient Neutrality

We are one day closer to the Christmas break, so naturally, we have one more White Paper to discuss. This time it is the snappily titled...

16/12/24
Natalie Hayes-Green

On the Seventh Day of Christmas....the acquisition of a right of way by prescription.

Background The case of Nicholson and another v Hale and another [2024] involves a dispute over the acquisition of a right of way by...

13/12/24
Nicola Gooch

Festive Spot the Difference: The Revised NPPF has landed... but not *quite* as expected.

MHCLG have clearly been busy this year, as the new NPPF has landed slightly earlier than usual.  The traditional Christmas Eve policy...

12/12/24
Sofia Antipatis

On the Sixth Day of Christmas… The Potential Global Implications of Donald Trump’s 2024 Re-election and how Climate Change may be on the ‘back burner’

In the sixth article of our 12 Days of Christmas series, we consider Donald Trump’s 2024 Election victory and its potential global...

12/12/24
George Cohen

On the Fifth Day of Christmas...The Case of D'Aubigny v Khan & Anor: Signed, sealed, but not delivered? Service of the Section 21 prescribed documents

On 1 December 2023, the Central London County Court delivered a significant judgment in D'Aubigny v Khan & Anor, addressing the validity...

11/12/24
Victoria Crozier

On the Fourth Day of Christmas...the scope of environmental assessments

On the Fourth Day of Christmas…today Victoria Crozier from Irwin Mitchell’s Commercial Dispute Resolution team examines the success of...

10/12/24
Katie Gledhill

Will the government's new plans get Britain working again?

The UK government has announced a series of sweeping reforms aimed at tackling economic inactivity and boosting employment rates across...

10/12/24
Danny Revitt

On the Third Day of Christmas....Business Tenancies: The Right to Renew

On 19th November 2024, the Law Commission published a consultation paper  titled "Business Tenancies: The Right to Renew", which explores...

09/12/24
Nicola Gooch

Rocking around the Modernised Planning Committee

It was hard to escape the MHCLG press blitz over the weekend.  It was so intense that, for a brief and slightly panicked moment, I...

09/12/24
Claire Petricca-Riding

Environmental news update - 6 December

Welcome to the latest edition of our weekly Environment Law news update. As ever, we bring you developments, insights, and analysis in...

06/12/24
Sofia Antipatis

On the Second Day of Christmas...The game changing judgment that clarified how disputed evidence is tested at trial.

Today we examine the game changing judgement which was handed down by the Supreme Court in TUI UK Ltd v Griffiths and, whilst the case...

06/12/24
Elisa Daykin

On the First Day of Christmas....Can courts mandate parties to engage in non-court-based dispute resolution processes?

Background In the case of Churchill v. Merthyr Tydfil County Borough Council James Churchill, the claimant, purchased a property in...

05/12/24
Alexandra Addington

Employment Rights Bill: is even more change on the way?

The Employment Rights Bill was published in October. Since then, the government has published some early consultations, impact...

05/12/24
Hugo Bittencourt De Oliveira

eVisa rollout delayed: Addressing risks of disruption

The UK government’s plan to transition to a fully digital immigration system, known as “eVisas,” has been delayed, according to reports....

05/12/24
Nicola Gooch

Festive News: MHCLG publishes new LPA Designation Criteria

It is officially December. Traditionally a time of festivity, novelty jumpers, and more planning news than one can shake a candy cane at!...

04/12/24
Joanne Moseley

Do you use 'protected conversations' as way of trying to agree exit terms?

It's been over 10 years since the law was changed to allow employers to have confidential discussions with their staff to end their...

04/12/24
Garon Anthony

FCA announces reboot of controversial enforcement naming and shaming proposals

Further to our most recent post on this long running issue, the Financial Conduct Authority (“FCA”) has finally announced proposed...

03/12/24