When a family is being housed, the provision of separate, self-cont
ained flats with no common living areas does not mean that accommodation had been made available such that the members of the applicant’s family could ‘reside together’ in the ordinary meaning of the phrase.
Archive for the ‘General’ Category
Two Flats are Not a Residence
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First Company Convicted of Corporate Manslaughter Loses Appeal
Cotswold Geotechnical Holdings Ltd., which became the first company to be convicted of corporate manslaughter (under the Corporate Manslaughter and Corporate Homicide Act 2007) in February of this year, has lost an appeal against its conviction.
The company was convicted following the 2008 death of geologist, Alexander Wright, 27, who died when a trench he was working in collapsed.
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Who is a Member of a Company?
Keeping company records up to date is not always a top priority for the directors of smaller companies. However, failing to keep the shareholders’ register up to date can have a downside if a share transfer has occurred but the new owner’s name is not entered into the register of members.
The problem is that under the Companies Act 2006, except in very limited circumstances, the person shown as a member in the register of members is a member and a person not shown isn’t – until the register is rectified.
This can have practical effects such as making notices of meetings invalid, invalidating votes of shareholders and so on and can affect, as it did in a recent case in the Supreme Court, whether or not one retains the rights attaching to shares transferred for financial purposes into the names of nominees.
Contact us for advice on company secretarial and company law matters.
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More Businesses ‘Critical’
The number of businesses in the UK which are suffering from ‘significant’ or ‘critical’ financial problems on the first quarter of 2011 has risen to 186,000, according to a report by insolvency specialists Begbies Traynor. This is an increase of 26 per cent over the figure for the third quarter of 2010 and is 15 per cent more than the same quarter in 2010.
Another report shows a 4 per cent jump in the number of retail businesses at ‘high risk’ of insolvency and there has also been a 15 per cent increase in the number of retails using company voluntary arrangements compared with 2010.A report by accountants PwC also revealed an increase of more than 12 per cent in corporate insolvencies with retailing the worst-hit sector.
Things are tough in retailing and the building industry was recently identified as having had a particularly bad winter.
For advice on managing your trade risk, contact us.
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Squatters’ Rights
Under UK law, anyone who is allowed unopposed occupation of a piece of land for more than twelve years (10 years for registered land if appropriate procedures are followed) can acquire legal title to the land. Although numerous safeguards were introduced in the Land Registration Act 2002, which introduced a system of notices before the title could be transferred, this continues to be the case.
The UK's approach to 'squatters' rights' (known in legal circles as adverse possession) has been ruled to be lawful according to a ruling by the European Court.
If you allow people to make use of land you own without taking measures to protect your rights you run the danger of giving them permanent legal rights over your land or even losing legal title to it. Contact us for advice.
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Guidance on the Agency Workers Regulations
The Department for Business, Innovation and Skills has published guidance for employers and those in the recruitment sector on the Agency Workers Regulations 2010 (AWR), which come into force on 1 October 2011.
The AWR will give agency workers the same basic terms and conditions of employment as if they had been recruited directly by the hirer, once they have completed a qualifying period of 12 calendar weeks in a particular jobs, but will not fundamentally affect employment status or how agency staff are placed and managed.
The 50-page guidance covers:
- the scope of the AWR;
- qualifying for equal treatment;
- how to identify basic working and employment conditions and the relevance of a ‘comparator’;
- pay;
- working time and holiday entitlement;
- pregnant workers and new mothers;
- pay between assignments;
- information, liability and remedies;
- information a Temporary Work Agency (TWA) must have before supplying an agency worker; and
- compliance information required by a TWA from a hirer.
It can be found here.
Employers are advised to consider how the AWR will affect them and have procedures in place by 1 October to ensure compliance. For individual advice, contact us.
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Is Your Intellectual Property Protected?
Today is World Intellectual Property Day and the global members of the World Intellectual Property Office have joined forces to help raise awareness of how patents, copyright, trade marks and designs affect everyday lives. This year’s theme is ‘Designing the Future’.
Innovators and creative minds across the country are being encouraged to protect their inventions and ideas to help design the future. Designs are about the way an object looks and developers can invest a lot of time and money into making sure their designs are fit for purpose.
Minister for Intellectual Property Baroness Wilcox said, “Designs touch almost every part of our day to day lives, from the chairs we sit on to the phones we use. Registering your design with the Intellectual Property Office can offer protection against unauthorised copies and imitations.
“We are keen to encourage businesses to get their designs protected to allow them to reap the potential financial rewards of their innovations. Many people are unaware that you can register a design for just £60, granting exclusive rights that are renewable for up to 25 years.
“Today is about raising awareness of the importance to businesses of protecting their innovative ideas. Investing in their creativity and ideas now can help shape growth and success in the future.”
Further information on World Intellectual Property Day can be found on the IPO website at www.ipo.gov.uk.
If you have an invention, trade mark, original design or the practical application of a good idea that you wish to protect, contact us.
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Supreme Court Next Stop in Legal Privilege Case
As expected, insurer the Prudential is to appeal to the Supreme Court following the Court of Appeal’s decision that communications with its tax advisers (a leading firm of accountants) relating to its tax planning were not professionally privileged.
Legal professional privilege is a doctrine that applies to communications between legal advisers and their clients and means that communications passing between them cannot normally be required to be used in evidence in court.
The Supreme Court granted leave of appeal to the Prudential on 14 April. The Prudential argues that it is unfair that only communications with its legal advisers are privileged, claiming that communications with other professional advisers advising on quasi-legal matters should also be privileged.
The Institute of Chartered Accountants in England and Wales is backing the appeal.
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CFOs Less Optimistic
Chief financial officers (CFOs) are increasingly concerned that the UK may be headed for a ‘double-dip’ recession, according to a survey by accountants Deloitte.
The survey found that 29 per cent of CFOs predicted a double-dip and that optimism is at the lowest level in two years.
If you are concerned about difficulties with collecting debts, meeting your financial obligations, the availability of finance or protecting your business from trade risk we may be able to help.
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Royal Wedding – Rates of Pay and Time Off in Lieu
The Royal wedding has already put an extra bank holiday into the calendar on the 29th of the month and the House of Lords has reacted by allowing pubs an extra two hours of drinking time on the 29th and 30th of the month, so it looks like being a lively weekend.
For employers, however, the question arises of what to do about the ‘extra’ bank holiday as regards the entitlements of their employees.
As regards payment for the holiday, the contract of employment of the employee will determine the need to pay. In most cases, employers will not be required to pay staff for the bank holiday.
The rate of pay which applies for staff who work on the bank holiday will also depend on the contract of employment. There is no statutory right to overtime rates of pay or to time off in lieu for working on the 29th.
However, employers will need to balance the strict letter of the law against the need to maintain employee goodwill.
If you have concerns about any employment law matter or wish to revise your contracts of employment in the light of the recent developments as regards the default retirement age or any other matter, contact us for advice.
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