Williamsons Solicitors News Stories

Minimum Wage: Requirement to sleep at place of work

This case concerned a temporary pub manager who was required, under the terms of her contract of employment, to reside and sleep at the premises.An earlier tribunal had found that she was required… Read More

Everything must go?

If a creditor of an insolvent business believes that their position could be improved by the administrator of the business taking legal action but the administrator refuses to do so, relations… Read More

More prosecutors trained to fight IP crime

As part of the national strategy for the prevention of intellectual property (IP) crime, the Crown Prosecution Service (CPS) and Intellectual Property Office have joined forces to train more than… Read More

Distance selling tax complications

Although it is strictly a breach of copyright, copying material from one medium to another (for example, copying a CD to an mp3 player) is commonplace. Copying of material clearly costs the… Read More

The Agency Workers Regulations: Are you ready?

Rights for all agency workers From 1 October all agency workers will be entitled to access certain facilities and information on job vacancies. What does this mean? Agency workers will be entitled… Read More

What is the legal reality?

The Supreme Court has handed down its decision in a case concerning the employment status of 20 valeters who provided car-cleaning service to motor retailers and auctioneers (Autoclenz Ltd. v… Read More

Director told to dig deep!

The law relating to the fiduciary duties of directors is stricter than many might think, as a recent case illustrates. It involved the director of a company who was given the loan of ‘a second-hand… Read More

Claims for Riot Damage

If your property has been damaged in the recent riots, you may well find that your insurance policy will not cover your losses. If not, you will have the right to claim compensation from the… Read More

‘Proceeds of Crime’ home confiscated

A house that a woman who was engaged in criminal activity gave to her six-year-old son was ordered to be confiscated recently under the Proceeds of Crime Act 2002 (POCA). The house was given to the… Read More

Health and Safety Made Simple

The Health and Safety Executive (HSE) has launched a new website, Health and Safety Made Simple, with the aim of making it easier for businesses to comply with the law and manage workplace health… Read More

Contract variations

In the current economic climate, many employers are seeking ways to reduce staff costs. Changing work patterns may assist this process. However, when considering reorganising the pattern of working… Read More

Pub not liable for risk-taking

When a listed building was being converted into a J D Wetherspoon pub, the low banister on the stairs was identified as a potential risk as it was below the standard height specified in building… Read More

Recovering the Cost of Health and Safety Interventions

The Health and Safety Executive (HSE) has published for consultation a document containing details of its proposals for implementing a new system for recovering costs from existing cost recovery… Read More

Arbitrators Not Employees for the Purposes of Equality Legislation

The Supreme Court has overturned the controversial decision of the Court of Appeal in Jivraj v Hashwani and ruled that arbitrators are not employees for the purposes of the Employment Equality… Read More

Most Likely to Deceive

Middle aged men with long service in senior management are often the most trusted employees in a business. It is no surprise, therefore, that accountants KPMG have recently identified the typical… Read More

ACAS Advice on Disruption Caused by Riots

The damage resulting from the recent riots in London and other major cities will continue to impact on the lives of those homeowners and businesses caught up in the events for many weeks to come, as… Read More

Equality of 'terms' is the key to equal pay claims

The Court of Appeal has held that in a claim for equal pay an employee is entitled to receive equal terms. In this case claims were brought, for equal pay, by three female healthcare assistants and… Read More

Sophistication of Consumers Stymies Claim

When one business uses the trade marks of another, an action can be brought for trade mark infringement and possibly also for ‘passing off’ – the term given to the situation in which a business… Read More

Equitable Compensation to be Tax Free

People who suffered losses as a result of the collapse of mutual insurer Equitable Life in 2000 will be pleased to know that the compensation payments they receive as a result of the passing of the… Read More

Conscious Decision is Not Force Majeure

Force majeure is the term used when something unexpected and not preventable occurs which radically changes a situation. A force majeure clause is often included in contracts to guard against the… Read More

Competition Law Guide

Businesses that do not fully understand their responsibilities with regard to competition law, giving consumer credit, advertising, online selling, contracts and unfair commercial practices can… Read More

A Click Isn't Enough

An attempt by online retailer Amazon to patent its ‘one-click’ purchase system has predictably failed in the patent court. The reason for the failure was that the creation of a system which is… Read More

Supreme Court Refuses Permission to Appeal in Shoesmith Case

The Supreme Court has rejected an application made by the Department for Education (DfE) and Haringey Council to challenge the Court of Appeal’s ruling of unfair dismissal in the case of Sharon… Read More

Will Stands Against Challenge

A recent case illustrates how strong the evidence must be before the presumption that a person making a will has the mental capacity to so will be overturned. It involved an elderly woman who died… Read More

When Estate Asset Values Fall

When an estate includes assets whose values can fluctuate, such as shares or property, a situation can arise where the value of an estate for Inheritance Tax (IHT) purposes is greater than the… Read More

Plaster – Decoration or Structure?

Is plaster part of the structure of a building or merely, as was ruled in a 1992 case,“ merely a decorative finish and is not part of the essential material elements which go to make up the… Read More

Public Drains to be Water Company Responsibility

Many homeowners know, to their cost, that the drains on their property are their responsibility, not that of their local water company. Owners of properties with septic systems will usually know… Read More

Appearances matter

An adjudicator in a construction dispute who issued a statement of ‘preliminary view and findings of fact’ without having received the evidence of the respondent was found by the court to have… Read More

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