Electricity Issue Not Shocking Enough to Rescind Contract
Contracts involving property are often ‘messy, with obligations on the vendor (and sometimes the purchaser) extending beyond the completion date. This can cause problems when one of the parties fails to fulfil their post-completion obligations, thus causing a breach of contract. When a contract is breached, the party that suffers form the breach can seek ...
Read MoreIs it a Beach or a Village Green?
Obtaining registration as a village green of a piece of land used by inhabitants of the neighbourhood offers a considerable degree of protection from the possibility of unwelcome development. A recent case shows that the type of land for which village green status can be sought is not be confined to ‘traditional’ village greens and ...
Read MoreCollective Redundancy Consultation – Advocate General’s Opinion
In United States of America v Nolan, the Court of Appeal sought guidance from the European Court of Justice (ECJ) as to the point at which the obligation to consult arises under Directive 98/59/EC – the Collective Redundancies Directive. The Employment Tribunal and the Employment Appeal Tribunal relied on the decision in UK Coal Mining ...
Read MoreHuman Rights for Tenants Involves a Balancing Act
Two recent cases heard in the Court of Appeal have shown how difficult it can be for a tenant on an introductory or ‘starter’ tenancy to prevent a social landlord from obtaining possession if the tenant’s behaviour warrants the landlord’s action. In the first case, complaints of excessive noise were made and of nuisance and ...
Read MoreThe qualifying period for unfair dismissal claims has increased for new employees
An employee generally has the right not to be unfairly dismissed by their employer if they have been working for their employer for a minimum period of time. This minimum period of time is known as the ‘qualifying period’. From 6 April there will be two qualifying periods for the right to claim unfair dismissal. ...
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