In practice: Out of the ordinary

Lowry Legal | Family Law Journal | October 2022 #217
Katie McCann highlights some of the issues that can arise in high-net-worth financial cases Before deciding on the most appropriate forum for a high-net-worth client, it is best practice to obtain advice from a specialist lawyer in the other potential jurisdictions so as to determine where the client would do ‘best’ in any financial proceedings.…

Common intention constructive trusts: An agreement unravels

University of Wolverhampton | Property Law Journal | September 2022 #400
Professor Sukhninder Panesar considers a case where the court was required to consider whether a common intention construction trust arose on a transfer of property that was made under mistakeHaving established that the defendant did not have an interest under a common intention constructive trust, the question was what relief the court would grant in…

Planning and the public sector equality duty: A timely reminder

Irwin Mitchell LLP | Property Law Journal | September 2022 #400
Tracy Lovejoy considers the public sector equality duty and its impact on planning decisions in the context of recent case lawA failure by a local public authority to comply with its PSED is a legal error and the resulting planning decision can be judicially reviewed. As with many public functions, there is no private cause…

Construction focus: When a collateral warranty is a construction contract

Forsters LLP | Property Law Journal | September 2022 #400
Daniel Burr and Sophie Togwell consider the outcome of a recent Court of Appeal decisionIt was held that, for a warranty to be a construction contract, it must be an agreement for the carrying out of construction operations, meaning it must relate to the performance of works rather than just the quality of work. In…

Nutrient pollution and housing development: Nutrient neutrality

Herbert Smith Freehills LLP | Property Law Journal | September 2022 #400
Fiona Sawyer looks at the impact of nutrient pollution on development and considers Natural England and government’s proposed solutions to get housing going againWherever a project is likely to have a significant effect on a protected site, which is not directly connected with or necessary to the management of that site, an HRA must be…

Legal news: Employment update

Hogan Lovells | Employment Law Journal | September 2022 #233
Jo Broadbent rounds up developments affecting employers and their advisers The government confirmed that it would support two private members’ bills. The first introduces a new right to neonatal care leave and pay; the other seeks to ensure that tips are distributed fairly to workers. Industrial action changes in force Two relatively small changes to…

Working Time Regulations: Part-year workers get holiday pay bonanza

Irwin Mitchell LLP | Employment Law Journal | September 2022 #233
Employers must revisit their holiday pay calculations for term-time-only workers and other staff who work for part of the year under permanent or continuous contracts, warns Joanne Moseley All workers have a fixed and universal right to 5.6 weeks’ holiday and employers can only adjust this when someone’s employment starts or ends part way through…

Religion or belief discrimination: Recent case law on gender-critical beliefs – a balancing act for employers

Trowers & Hamlins LLP | Employment Law Journal | September 2022 #233
In light of the latest decisions on this tricky topic, Danielle Ingham and Anna Scott discuss how an employer can deal with staff members whose views on trans rights conflict with its own The outcome in Forstater shows that what is important when analysing whether a belief has been manifested inappropriately is looking at the…

Unfair dismissal: The return of fire and rehire

Shoosmiths LLP | Employment Law Journal | September 2022 #233
Jennifer Wright considers the latest developments in the Tesco fire and rehire case and where this now leaves employers Employers will be relieved that the Court of Appeal has endorsed dismissal and re-engagement as a legitimate mechanism for implementing contractual changes and removing benefits that have become unsustainable with the passage of time. Historically, it…

Equality Act: First long Covid ruling marks a turning point in employment law

Freeths | Employment Law Journal | September 2022 #233
Toby Pochron examines the steps employers should take following a recent decision on whether long Covid can amount to a disability If long Covid is a disability, then employers will have a greater responsibility to support employees in times of sickness and when returning to the workplace. Since the term ‘long Covid’ emerged, the condition…