Sun06252017

Last updateTue, 24 Feb 2015 5pm

Hempsons

Hempsons

Martin Cheyne and James English discuss a recent Court of Appeal decision on whether a worker can bring a claim for detrimental treatment against not only their normal employer but against a second organisation with which they have a working relationship

On 5 May 2017, the Court of Appeal handed down judgment in Day v Health Education England [2017]. This was a high-profile whistleblowing claim which may extend the protection given to junior doctors and other workers in training. This article examines the judgment and considers the implications for employers and workers in the NHS and beyond.

Alan Morris reviews the courts’ rigorous approach to the interpretation of break clause conditions and calls for a more pragmatic approach going forward

A tenant’s break right (or, in other words, an option to terminate a lease before the end of its term) is usually required by a tenant who wishes to build flexibility into its leasing arrangements. It is often accompanied by a slightly higher rent to take account of the fact that the lease may not run its full term, so there is consideration for the provision. The right to bring a lease to a premature end is regarded as a necessary advantage in reducing risk, such as in circumstances where a supply contract is lost and the premises are no longer required. However, in many cases, the option to terminate, seen by a tenant as vitally important when heads of terms are negotiated, is annulled because the lease has been drafted in such a way as to impose conditions on the operation of the right that make implementation almost impossible to achieve. The law is clear; any conditions must be strictly fulfilled if the break is to be successfully accomplished.

James Atkins provides a review of the current law

In its report of 7 June 2011 entitled ‘Making Land Work: Easements, Covenants and Profits à Prendre’ (Law Com. Report No. 327), the Law Commission recommended that the current law governing the acquisition of easements by prescription requires urgent attention. There is no doubt that the body of law is complex and, in 2011, three reported cases, including the Court of Appeal decision in London Tara Hotel Ltd v Kensington Close Hotel Ltd [2011], reviewed the underlying principles and their application.

Simon Massey and James Atkins examine the purpose of the statutory compliance clause and its impact on the landlord and tenant relationship

All contemporary commercial leases ought to contain a statutory compliance clause obliging the tenant to comply with all statute, common law and other relevant codes of practice affecting the premises occupied.