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'Reasonable system' avoids liability for injury to visitors04/10/2011
A local council that had carried out a risk assessment and taken reasonable measures to implement it was not liable for a serious injury on school premises in its area, the Court of Appeal has ruled.
Have your say: Simplified financial reporting for 'micro-entities'
04/10/2011
The Department for Business Innovation and Skills (BIS) and the Financial Reporting Council have issued a joint consultation seeking views on proposals for making financial reporting simpler for small businesses.
Big company dispute shows value of registering designs
04/10/2011
Apple has successfully persuaded a German court to order Samsung to stop selling its Galaxy Tab 10.1 tablet throughout parts of the European Union, on grounds Samsung allegedly breached Apple's rights under a Community Design Registration by copying elements of its iPad design.
Penalty for a residential landlord's failure to pay deposit into approved scheme only applies if claim enforced before tenancy ends
04/10/2011
The requirement that a landlord of a shorthold tenancy must pay the tenant's deposit into one of three approved schemes, or risk paying the tenant a penalty of three times the amount of the deposit, only applies where the tenant does not claim the deposit back before the end of the tenancy.
First prosecution under the Bribery Act
04/10/2011
A court clerk at the Magistrates' Court is the first person charged under the new Bribery Act 2010, for allegedly taking a £500 bribe in relation to a motoring offence.
Tollers appoint Duncan Nicholson as Managing Partner13/09/2011
Solicitor Duncan Nicholson takes on the role of Tollers managing partner.
Stunning Team wins Tollers Quiz Night
12/09/2011
The Tollers Trusts and Estates Department held a charity quiz night on Wednesday 7 September 2011 in aid of Age UK, the charity that Tollers have chosen to support this year. The event was held at Franklins Gardens, home to the Northampton Saints Rugby Team and was attended by 16 teams comprising of Financial Advisors, Home Care specialists, Surveyors and Accountants
Agency Workers Regulations 2010 (AWR) Come into Force on 1st October
12/09/2011
From 1st October 2011, temporary agency workers will be provided with the same rights as permanent employees as the 2010 Regulations come into force. This will affect areas such as pay, benefits, annual leave and rest periods, but will not extend to aspects such as pension provisions, redundancy pay, expenses and occupational sick pay.
Repossessing your Property - is yours an Assured Shorthold Tenancy?
08/09/2011
Below is an outline of the most used procedures by landlords for possession. Assured Shorthold tenancies are the standard form of tenancy for most residential lettings and they come with a certain legal frame work for repossession that all Landlords need to be aware of.
Payments for owners of premises using renewable heating technology
02/09/2011
A new Renewable Heat Incentive ('RHI') scheme, providing for payments to reward businesses for using renewable heating technology, take effect from 30 September 2011.
Landlord loses out because of words missing from one part of lease that appear in another
02/09/2011
The High Court has ruled against a landlord trying to enforce a restriction in a lease because the wording of that restriction was not as extensive as the wording in other restrictions.
Buyers should inspect premises or risk court re-writing sale contract
02/09/2011
A buyer who failed to inspect premises before buying them at auction has successfully argued that the sale included a flat not mentioned in the paperwork - but only just.
Government launches new online distance selling resource for sellers
02/09/2011
Businesses can now use a new online 'Distance Selling Hub' resource, launched by the Office of Fair Trading ('OFT'), to help them check they are complying with distance selling laws.
Court confirms that trust assets 'likely' to be available should be taken into account on divorce
02/09/2011
Spouses who are 'likely' to have access to trust funds, even if they will only become beneficiaries of the trust in the future, and even if funds are only paid out at the discretion of the trustees, should be aware those funds will be taken into account in any divorce proceedings.
European Court gives guidance on age-related retirement of employees
02/09/2011
Employers will benefit from European Court of Justice (ECJ) guidance on when forcible retirement of employees because of their age is 'objectively justified', following a recent ruling.
Liability of employers and employees to pay compensation following discrimination will usually be 'joint and several'
02/09/2011
Employees may start claiming against fellow workers, as well as their employer, in discrimination claims, following a recent legal decision that liability to pay compensation should usually be 'joint and several' - so the employee making the claim can pursue all or any of the employee and/or the employees who discriminated against them for the full amount of their award.
Court of Appeal gives guidelines on when leases are surrendered by automatic operation of law
02/09/2011
Landlords will benefit from Court of Appeal guidelines on when a lease has been surrendered by automatic operation of law, given in a recent case in which the Court ruled against a landlord's claim there had been such a surrender.
Free loan by supplier to a director of limited company breaches the director's duties
02/09/2011
A director who accepted a free loan of equipment from a supplier, without disclosing it to his company, has breached his duties to his company, the Court of Appeal has ruled, even if the company had not made losses as a result
Employer must pay sick employee's accrued holiday pay on dismissal for capability
02/09/2011
Employers must pay accrued holiday pay to sick employees they dismiss if the employees are entitled to carry untaken holiday into the next year, even if the employee has not made a formal request to do so, according to a recent Employment Appeal Tribunal ruling.
Employee's right to holiday accumulated during sick leave may be limited to 18 months
02/09/2011
Employees on long-term sick leave, may in the future, only be entitled to take holiday accrued during the last 18 months, if a preliminary opinion of the Advocate General of the European Court of Justice (ECJ) is followed at the full ECJ hearing.
Employees earning more overall can bring equal pay claims over just one element of their pay
02/09/2011
Employers paying female employees a lower hourly rate than male comparators for one element of their work risk an equal pay claim, even if the females earn a higher rate for other aspects of their work and, overall, their earnings are higher than those of the men.
Employer can dismiss for potential serious consequences even if they do not happen
02/09/2011
An employer's dismissal of two employees, whose omissions could have had very serious consequences, was entitled to dismiss them, even though those consequences did not actually occur, in a recent legal decision.
Court decides side letter not legally binding
02/09/2011
The terms of a side letter, signed pending a full agreement, showed it was not intended to be legally binding, according to a High Court ruling.
Pre-marriage inherited wealth, and wealth derived from pre-marriage business, treated differently by Court of Appeal on divorce
02/09/2011
Spouses who inherited wealth or set up their business before their marriage should consider two Court of Appeal decisions on whether and how such assets are to be treated when dividing up assets on divorce.
Children's best interests paramount when parent brings them to UK against other parent's wishes
02/09/2011
Children's best interests under the Hague Convention trumped a mother's rights to respect for her family life under the Human Rights Convention, so she had to return them after taking them away from their father in Norway, in a recent UK Supreme Court decision.
Landowner not liable for falling branch death and injuries on its land
02/09/2011
A landowner's good recruitment, training, systems and other policies and practices meant it was not liable under the Occupier's Liability Act for the death and injury of children lawfully on its land, in a recent High Court decision.
The Bribery Act 2010 Comes into Force in 2011
17/08/2011
With this Act coming into force on 1 July this year, Tollers Solicitors jointly held a Bribery Act Seminar with Grant Thornton on 28 June, to prepare companies for its significant and far reaching impact.
Hazeley School Becomes an Academy
17/08/2011
The Hazeley School celebrated its conversion to The Hazeley Academy on Friday 1 July. Instrumental to The Hazeley Academy’s successful conversion was the legal guidance by Tollers Solicitors. Headed by Yagnesh Shah, Tollers has a specialist team of lawyers dedicated to Academy Conversion. Principal Mark Bennison was full of praises for Tollers.
Solicitors for the Elderly Call For Urgent Regulation of Will Writing
16/08/2011
Solicitors for the Elderly fears thousands of people are putting themselves at risk of being cheated by unscrupulous salesmen who offer to write their Wills but who are not adequately qualified, trained or insured.
The difficulty of proving undue influence
15/08/2011
Since the Wills Act 1837 came into force, there have been very few reported cases where a Will has been successfully challenged on the grounds of undue influence. In relation to lifetime gifts, there are a number of reported cases where a Court has set aside a gift for undue influence, yet it appears more difficult to successfully prove undue influence when making a Will rather than a lifetime gift.
