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Job opportunity within our property team
The Role We are looking to appoint a property solicitor or legal executive with between 2 ...
Service of Notices - Something of a Minefield Service of Notices - Something of a Minefield
The service of notices regularly gives rise to disputes and often ends up in costly and time-consumi...
Buy-to-Let Purchaser Loses Case against Negligent Valuer Buy-to-Let Purchaser Loses Case against Negligent Valuer
A recent decision of the Court of Appeal shows that a buy-to-let purchaser cannot safely rely on a v...
Government Consults on the Treatment of Pub Tenants Government Consults on the Treatment of Pub Tenants
On 22nd April 2013, the Department for Business, Innovation and Skills published a Consultation Pape...
Bahrain ratifies the Hague Apostille Convention 1961 Bahrain ratifies the Hague Apostille Convention 1961
Bahrain has ratified the Hague Apostille Convention of 1961 Apostille to take effect on 31 December ...
High Court Quashes Milton Keynes Wind Turbine Policy High Court Quashes Milton Keynes Wind Turbine Policy
The High Court has recently ruled that Milton Keynes Council's Policy on Wind Turbines was unlawful....
Redundancy Selection Criteria - Employer Gets It Wrong Redundancy Selection Criteria - Employer Gets It Wrong
Employers may be forgiven if they sometimes feel that they are in a no-win situation. Over the years...
Franchise Agreements - High Court Upholds Post-Termination Restrictions Franchise Agreements - High Court Upholds Post-Termination Restrictions
In a recent decision that will be welcomed by franchisors, the High Court ruled that provisions in a...
Residential Service Charge Consultations - The Supreme Court to the Rescue Residential Service Charge Consultations - The Supreme Court to the Rescue
In a decision that will be greeted with relief by many landlords, the Supreme Court has ruled that a...
Business Property Relief - HMRC Wins Holiday Let Appeal Business Property Relief - HMRC Wins Holiday Let Appeal
At the end of 2011, taxpayers and their advisers had cause to celebrate. To the surprise of some exp...
Escape of Fire - No Liability in Absence of Negligence Escape of Fire - No Liability in Absence of Negligence
The recent decision of the Court of Appeal in Stannard (t/a Wyvern Tyres) v Gore reinforces t...
DIY Will error ends in the High Court DIY Will error ends in the High Court
Do you need a lawyer to make a Will? The short answer is - no, you don't. There is nothing to stop a...
Employer overreacts to Facebook postings! Employer overreacts to Facebook postings!
In the recent case of Smith v. Trafford Housing Trust, the High Court ruled that the Trust had acted...
Employee Restrictive Covenants - Employer Almost Falls at First Hurdle Employee Restrictive Covenants - Employer Almost Falls at First Hurdle
Employers often want to include restrictive covenants in an employee's contract limiting what the em...
Property Development and Third Party Rights - Muscle and Money Don't Always Triumph Property Development and Third Party Rights - Muscle and Money Don't Always Triumph
In property development, time invariably equals money. A developer is often tempted to press on with...
EAT Upholds Re-Engagement Order Following TUPE-Related Dismissal EAT Upholds Re-Engagement Order Following TUPE-Related Dismissal
In the recent case of Manchester College v Hazel, the Employment Appeal Tribunal (EAT) upheld...
Landlord's Failure to Comply With Lease Gives Tenant Windfall Landlord's Failure to Comply With Lease Gives Tenant Windfall
In a recent case, a landlord who had failed to insure the property in the joint names of the landlor...
On-Line Contracts:  Providing Information By Hyperlink Will Not Do On-Line Contracts: Providing Information By Hyperlink Will Not Do
Suppose, for a moment, there was a general legal requirement that before entering into a contract wi...
High Court Upholds Negligence Claim against "Innocent" Directors High Court Upholds Negligence Claim against "Innocent" Directors
When a company goes bust owing large amounts of money, a liquidator may well pursue the Directors fo...
Company Fined £480,000 in Corporate Manslaughter Case Company Fined £480,000 in Corporate Manslaughter Case
In July 2012 in the second corporate manslaughter case to be brought in England - the third in the U...
Good News for Occupiers - High Court Rules that Rate Avoidance Scheme Works Good News for Occupiers - High Court Rules that Rate Avoidance Scheme Works
In these hard-pressed times, many landlords and businesses with unwanted commercial property on thei...
Residential Tenancies - Rent Demands - Managing Agents' Address Will Not Do Residential Tenancies - Rent Demands - Managing Agents' Address Will Not Do
Until now, it has been common practice for landlords of residential premises to issue rent and servi...
Record Fine Imposed on NHS Trust for Data Protection Breach Record Fine Imposed on NHS Trust for Data Protection Breach
The Information Commissioner's Office (ICO) recently announced that a civil monetary penalty of £325...
Online Term Did Not Bind Consumer Online Term Did Not Bind Consumer
The High Court has recently ruled that a term in a spread betting bookmaker's website Terms and Cond...
Mistake in Siting Hoarding Costs Advertiser Mega-Bucks Mistake in Siting Hoarding Costs Advertiser Mega-Bucks
A recent ruling by the Court of Appeal illustrates the bizarre outcome that can result from a rigid ...
Court of Appeal Confirms Side-Letter was Unenforceable Court of Appeal Confirms Side-Letter was Unenforceable
Side-letters can be tricky things. They are often seen as a way of bridging an otherwise unbridgeabl...
Cookies - Two Cheers for ICO's U-Turn on Implied Consent? Cookies - Two Cheers for ICO's U-Turn on Implied Consent?
The Information Commissioner's Office (ICO) has published revised guidance on the new rules on the u...
Parent Company Faces $54m Claim under Guarantee Created By Email Parent Company Faces $54m Claim under Guarantee Created By Email
Businesses are often unaware that a legally binding contract can be made by a simple exchange of e-m...
New Opt-Out Rules on Cookies - Grace Period Ends New Opt-Out Rules on Cookies - Grace Period Ends
A year ago the Government introduced new rules on the use of cookies. The Privacy and Electronic Co...
Court of Appeal Rules that Lap Dancer was NOT an Employee Court of Appeal Rules that Lap Dancer was NOT an Employee
Many employment rights - including the right to claim unfair dismissal - are confined to employees. ...
Torrential rain, gale force winds and achy bodies - that's all in a day's work for the Heald & Toes team Torrential rain, gale force winds and achy bodies - that's all in a day's work for the Heald & Toes team
On 29 April 2012 the Heald and Toes team, which comprised of four lawyers, David Dees, Esther Marcha...
Borrowing Old Equipment Lands Director in Hot Water Borrowing Old Equipment Lands Director in Hot Water
Law is often largely a matter of commonsense. Take the issue of Directors' Duties. What the law req...
Stamp Duty Land Tax - Revenue Gets Extra Slice of the Cake Stamp Duty Land Tax - Revenue Gets Extra Slice of the Cake
Stamp Duty Land Tax (SDLT) is payable by purchasers of real estate. As well as land and buildings, a...
Borrowing Old Equipment Lands Director in Hot Water Borrowing Old Equipment Lands Director in Hot Water
Law is often largely a matter of commonsense. Take the issue of Directors' Duties. What the law req...
Nuisance - Statutory Licence or Permission Does Not Necessarily Give You Carte blanche Nuisance - Statutory Licence or Permission Does Not Necessarily Give You Carte blanche
Over recent months the courts have had to grapple more than once with the question of how far the gr...
Children - Court of Appeal Upholds Sperm Donor's Contact Rights Children - Court of Appeal Upholds Sperm Donor's Contact Rights
Increasingly, the courts are being asked to deal with issues which simply would not have arisen befo...
Heath and Safety - Gamekeeper Shoots Himself in the Leg Heath and Safety - Gamekeeper Shoots Himself in the Leg
Like data protection and the Human Rights Act, health and safety law tends to be the subject of a ce...
Residential Tenancy Deposits - Sledgehammer Legislation Repealed Residential Tenancy Deposits - Sledgehammer Legislation Repealed
Residential landlords will be relieved to learn that, with effect from 6th April 2012, the sanctions...
£90,000 Libel Damages Awarded Against Tweeter Upheld by Court of Appeal £90,000 Libel Damages Awarded Against Tweeter Upheld by Court of Appeal
With what might be thought to be an exquisite sense of timing, given the events of recent weeks, the...
Heald swim again for the Milton Keynes Charity Swimathon
Our intrepid team of staff, family and friends have again taken up the challenge to raise money for ...
TUPE - EAT Provides Useful Guidance on Contracting Out TUPE - EAT Provides Useful Guidance on Contracting Out
The issue of contracting out has always been a thorny one relation in TUPE. How do you distinguish ...
Redundancy - Fishing in a Pool of One Redundancy - Fishing in a Pool of One
A Lawyer's Nightmare (Mr Ebenezer Scrooge consults his Solicitor, Mr Uriah Heap) Heap: ...
Uruguay joins the Hague Convention Uruguay joins the Hague Convention
On Thursday 9 February 2012, Uruguay became the 103rd country to Contract to the Hague Convention of...
Employer Restrictive Covenants - Less is Often More Employer Restrictive Covenants - Less is Often More
When drafting clauses for an employment contract intended to restrict the employee's activities afte...
Employer Could Impose "No Opt-Out - No Overtime" Rule Employer Could Impose "No Opt-Out - No Overtime" Rule
The Employment Appeal Tribunal (EAT) has ruled that an employer is entitled to refuse to allocate ov...
Oman has joined the Hague Apostille Convention. Oman has joined the Hague Apostille Convention.
The accession of Oman is significant as the first State of the Persian Gulf to join the Apostille Co...
Notaries going digital Notaries going digital
On 18th January 2012 the EU Commission held a lecture on the progress of the European Digital World ...
Failure to Pay £130 Cost Tenant £££s Failure to Pay £130 Cost Tenant £££s
A recent case shows - yet again - how careful a tenant has to be when exercising its right to termin...
New credit-easing measures for SMEs New credit-easing measures for SMEs
The government has recently published further details of a package of credit-easing measures aimed a...
Sale of Business by Company in Administration - Court Ruling Increases Buyer's Exposure Sale of Business by Company in Administration - Court Ruling Increases Buyer's Exposure
In the recent case of Amble Assets LLP v. Longbenton Foods Ltd., the High Court ruled on the ...
Entrepreneurs' Relief Applied to Sale of Part of Business Entrepreneurs' Relief Applied to Sale of Part of Business
Business people will welcome a recent ruling that the sale of part of a business qualified for entre...
Court of Appeal Clarifies Law on AGAs Court of Appeal Clarifies Law on AGAs
A recent decision of the Court of Appeal provides some welcome clarification on the law relating to ...
Residential Tenancy Deposits - Sledgehammer Legislation Repealed Residential Tenancy Deposits - Sledgehammer Legislation Repealed
Residential landlords will be relieved to learn that the sanctions that for non-compliance with the ...
Supreme Court Cuts Unmarried Father's Share in £250K House from 50% to 10% Supreme Court Cuts Unmarried Father's Share in £250K House from 50% to 10%
The Supreme Court has overturned the controversial ruling handed down last year by the Court of Appe...
Break Clause - Blunder Cost Tenant £200K Break Clause - Blunder Cost Tenant £200K
A recent Court of Appeal decision highlights the need for business tenants to take care when exercis...
Hot Shot Lawyer Falls Foul of Data Protection Act Hot Shot Lawyer Falls Foul of Data Protection Act
The Information Commissioner's Office (ICO) has ruled that Ruth Crawford QC, a leading Scottish lawy...
New Collaborative Lawyer New Collaborative Lawyer
Heald are delighted to announce that family lawyer Dawn Millar, has joined Mary Banham-Hall, by beco...
Unfair Dismissal - Withdrawal of Incentive to Accept Change in Terms Unfair Dismissal - Withdrawal of Incentive to Accept Change in Terms
We recently reported on the decision of the Employment Appeal Tribunal (EAT) in Garside and Layco...
Taxman Clobbers Granny Taxman Clobbers Granny
A Tribunal has ruled that the conversion of a barn into a granny-annex was subject to VAT because th...
Marks and Spencer Fined £1m for Breach of Asbestos Rules Marks and Spencer Fined £1m for Breach of Asbestos Rules
Following a sentencing hearing in Bournemouth Crown Court on 27 September 2011, Marks and Spencer pl...
Why Use Heald Solicitors For Wills, Probate, Powers Of Attorney & Trusts Why Use Heald Solicitors For Wills, Probate, Powers Of Attorney & Trusts
Heald Solicitors have been established in Milton Keynes now for 30 years. It has a long and establi...
Raising money through wine, cheese and other smellies Raising money through wine, cheese and other smellies
The Well Heald Team, a team of cyclists comprising Nick Crook and Esther Marchant of Heald Solicitor...
STAR WARS : The Trilogy STAR WARS : The Trilogy
The Supreme Court has recently ruled in the long running and third instalment of the case between Lu...
The Last Will and Testament of ... But Not Necessarily the Last Word The Last Will and Testament of ... But Not Necessarily the Last Word
Lawyers are forever chivvying their clients about making Wills and, as a general principle, making a...
Sick Employee Could Carry Untaken Holiday Over to Next Leave Year Sick Employee Could Carry Untaken Holiday Over to Next Leave Year
In its recent decision in NHS Leeds v. Larner, the Court of Appeal has confirmed that an empl...
Dismissal for Refusing to Accept Pay Cut Dismissal for Refusing to Accept Pay Cut
In the current economic climate many employers have been forced to look at imposing a pay cut on the...
Mortgage Valuation Trap for Buy-to-Let Mortgage Valuation Trap for Buy-to-Let
A recent decision of the Court of Appeal shows that a buy-to-let purchaser cannot safely rely on a v...
Private Sewer Transfer – Some Good News for Householders and Businesses Private Sewer Transfer – Some Good News for Householders and Businesses
On 1st October 2011 the responsibility to repair and maintain private sewers and lateral drains (a d...
Commercial Agents Commercial Agents
A commercial agent is an individual or company appointed to sell goods on behalf of another. They a...
Late Payment Interest under Commercial Contracts - Improved Rights for Creditors on the Way Late Payment Interest under Commercial Contracts - Improved Rights for Creditors on the Way
It has been estimated that in the Euro Zone there is currently just under €2 trillion worth of unpai...
Time Off for Emergency Child Care – Unimplemented Policy Wasn’t Much Use Time Off for Emergency Child Care – Unimplemented Policy Wasn’t Much Use
In Clarke v Credit Resource Solutions, an Employment Tribunal ruled that an employee had been...
All Reasonable Endeavours - Commercial Contracts - Airport's Obligation Proves Terminal All Reasonable Endeavours - Commercial Contracts - Airport's Obligation Proves Terminal
The ideal commercial contract covers every eventuality with clarity and precision. Sadly if such a c...
"Terms and conditions available on request" "Terms and conditions available on request"
Sounds familiar? Rather than supplying their T&Cs as a matter of routine, many suppliers simply inf...
Agency Workers Regulations – Government Issues Final Guidance Agency Workers Regulations – Government Issues Final Guidance
The Agency Workers Regulations 2010 come into force on 1 October 2011. The Regulations give tempora...
Service Charge Consultations - Residential Landlord Who Spent £270,000 On Repairs Only Recovered £1,250 Service Charge Consultations - Residential Landlord Who Spent £270,000 On Repairs Only Recovered £1,250
A recent decision provides a clear warning to residential landlords to ensure they comply fully with...
Positive Discrimination – the Perils!
Sometimes, employers may perhaps be forgiven for thinking that they are damned if they do and they a...
Human Rights Commission Code on Service Provision Human Rights Commission Code on Service Provision
The Statutory Code of Practice covering the provision of services, public functions and associations...
Insurance Broker Loses Sentence Appeal in Corruption Case Insurance Broker Loses Sentence Appeal in Corruption Case
Bribery and corruption is very much a hot button issue with the Bribery Act 2010 scheduled to come i...
The Bribery Act 2010 – Latest The Bribery Act 2010 – Latest
The Bribery Act 2010 is now scheduled to come into force on 1st July 2011. Meanwhile, on 30th Mar...
The Protection from Harassment Act Strikes Again! The Protection from Harassment Act Strikes Again!
Originally intended to deal with stalkers and nuisance phone calls, the Protection of Harassment Act...
Closure of Public and Business Counters Closure of Public and Business Counters
Following the FCO’s recent announcement of the closure of the public and business counters on the 24...
Building Contracts - Court of Appeal Clarifies Law on Dual Liability Building Contracts - Court of Appeal Clarifies Law on Dual Liability
In its recent decision in Robinson v P E Jones (Contractors) Ltd, the Court of Appeal has provided w...
First Corporate Manslaughter Case - Company Fined £385,000 First Corporate Manslaughter Case - Company Fined £385,000
Corporate Manslaughter History - On 17th February 2011, Cotswold Geotechnical (Holdings) Ltd (CGH) ...
Abolition of Default Retirement Age Abolition of Default Retirement Age
The Government has recently confirmed the phasing out of the Default Retirement Age of 65. Unde...
Is Google a bully? Is Google a bully?
It was interesting to see the reports over the last couple of days about Google’s Eric Schmidt expla...
New Paternity Rights Apply From 3rd April 2011 New Paternity Rights Apply From 3rd April 2011
New paternity rights will apply where a child is due on or after 3rd April 2011. Under existing l...
Supreme Court Rules on De Facto Directors Supreme Court Rules on De Facto Directors
In the case of Holland v HMRC, the Supreme Court split 3-2 on whether Mr Holland was a de facto dire...
Law Of Guarantees All Over The Shop Law Of Guarantees All Over The Shop
House of Fraser has defeated the Landlord’s demand for a Parent Company Guarantee. In a complex d...
Playing Hardball Could Cost Developer Up To £2.5 Million Playing Hardball Could Cost Developer Up To £2.5 Million
The moral of this case is clear. A commercial developer who proceeds with a project in the face of ...
Residential Rent Deposits – An Important Point Clarified Residential Rent Deposits – An Important Point Clarified
Life would appear to have become easier for landlords who take rent deposits for assured shorthold t...
Marmite – 1; BNP - 0 Marmite – 1; BNP - 0
The facts in the recent case of Unilever plc v Griffin were unusual. However, the case is a good il...
Break Clauses - Beware Of Pitfalls Break Clauses - Beware Of Pitfalls
Break clauses give rise to many disputes. In the current economic climate, many tenants have prem...
Guidance and Principles for Corporate Governance for unlisted companies Guidance and Principles for Corporate Governance for unlisted companies
On November 22 2010 the Institute of Directors (IoD) launched its Guidance and Principles for Corpor...
Data Protection Fines Imposed Data Protection Fines Imposed
With effect from 6th April 2010, the Information Commissioner has had the power to impose fines for ...
Lottery Winner Pays Ex £2m Lottery Winner Pays Ex £2m
A multi-million lottery winner has agreed to pay a slice of his winnings to his ex-wife in an out-of...
Trade Marks and Exhaustion of Rights Trade Marks and Exhaustion of Rights
Lawyers tend to get very excited about arguments about the burden of proof. To a non-lawyer, such a...
Dilapidations And Damages At Lease End Dilapidations And Damages At Lease End
The recent decision of the High Court in PGF II S.A. and Another v. Royal and Sun Alliance Insura...
Extra mile Black forest challenge 2010 Extra mile Black forest challenge 2010
Last year we had an easy ride in the autumn sunshine round the valleys of the Loire. This year the ...
New Guidance On Illegal Working Issued New Guidance On Illegal Working Issued
The UK Border Agency has published new guidance for employers on the prevention of illegal working. ...
Supreme Court Confirms That Dismissal Only Took Effect When Employee Read Letter Supreme Court Confirms That Dismissal Only Took Effect When Employee Read Letter
In the recent case of Gisda Cyf v Barratt, the Supreme Court has confirmed that where an empl...
Pre-Nups Get Green Light From The Supreme Court Pre-Nups Get Green Light From The Supreme Court
The process of getting divorced is invariably a time of great distress. Often a great deal of the ...
New Anti-Discrimination Laws Come Into Force New Anti-Discrimination Laws Come Into Force
On 1st October 2010, most of the provisions of the long-awaited Equality Act 2010 came into force. ...
TUPE - Changing terms and conditions TUPE - Changing terms and conditions
The recent decision of the Employment Appeal Tribunal (EAT) in Todd v. Strain serves as yet a...
Adwords and Trade Mark infringement Adwords and Trade Mark infringement
One particularly hot topic in intellectual property law at the moment concerns the use of adwords an...
Using Disciplinary Procedures Using Disciplinary Procedures
A recent decision of the Court of Appeal demonstrates the importance of an employer not rushing into...
Protection of your product’s brand image Protection of your product’s brand image
Drinks manufacturers have a history of spirited and resolute protection of brand image. This has le...
High Court Rules On “Battle Of The Forms” Dispute High Court Rules On “Battle Of The Forms” Dispute
In the recent case of GHSP Incorporated v AB Electronic Ltd., the High Court was asked to rul...
The Provision of Services Regulations 2009 The Provision of Services Regulations 2009
The Provision of Services Regulations 2009 (the Regulations) came into force on 28 December 2009. T...
Heald Solicitors Riding High Heald Solicitors Riding High
The economic cycle may have been on the downturn, but Heald's plucky pedallers are celebrating once...
2010 Moo Walk for charity 2010 Moo Walk for charity
Angela Poole and her friends had a long evening on Saturday night, along with over 2000 other women ...
Company fined £400,000 for failure to take proper Fire Precautions Company fined £400,000 for failure to take proper Fire Precautions
In the recent case of New Look Retailers Ltd. v. The London Fire and Emergency Planning Autho...
Letters of Intent Letters of Intent
If doubt exists over contractual obligations, and the court has to decide the matter, the judge will...
When may directors or employees become personally liable for company liabilities? When may directors or employees become personally liable for company liabilities?
The basic position, of course, is that a limited company exists as a legal entity in its own right: ...
DANGER! - Unexploded Rent Review! DANGER! - Unexploded Rent Review!
In the recent decision of Bello v. Idealview Ltd. the High Court ruled that a thirteen year d...
The Bribery Act 2010 The Bribery Act 2010
The Bribery Act 2010 received Royal Assent on 8th April. Although matters are a little uncertain in...
Variation to works under a construction contract does not amount to an oral variation to the contract Variation to works under a construction contract does not amount to an oral variation to the contract
Under the Housing Grants Construction and Regeneration Act 1996 (known to its friends in the constru...
Sanctions imposed for dishonest evidence Sanctions imposed for dishonest evidence
Last month a substantial High Court action against Cable & Wireless PLC by a number of companies in ...
Equality Act 2010 Equality Act 2010
On 14th April 2010, the Equality Act 2010 received Royal Assent. It is widely anticipated that most...
Sale of Shares: Directors Personal Liability Sale of Shares: Directors Personal Liability
Where a company has made representations in negotiations, and also in a Share Purchase Agreement, wh...
Binding contract can be formed before the parties think negotiations are complete Binding contract can be formed before the parties think negotiations are complete
Contracts are often negotiated on the basis that no contract will be effective until it has been sig...
Administrative Restoration now available for Companies and LLPs struck off under The Companies Act 1985 Administrative Restoration now available for Companies and LLPs struck off under The Companies Act 1985
Until now, a company struck off under the Companies Act 1985 could only be restored to the register ...
When Contract Tenders Go Wrong When Contract Tenders Go Wrong
When tendering for work, there is a natural temptation for a bidder to pitch his case in the best li...
Tax on Share Valuations Tax on Share Valuations
The recent decision of the Supreme Court in the Scottish case of Grays Timber Products Ltd. v. HM...
Construction Litigation – Proposals to Reduce Cost Construction Litigation – Proposals to Reduce Cost
The recent review by Lord Justice Jackson on litigation costs has made proposals aimed to reduce the...
Going the extra mile...  And when to check the terrain first! Going the extra mile... And when to check the terrain first!
Most businesses want to give outstanding customer service. We talk about "going the extra mile" and...
Contractors – are payments being delayed? Contractors – are payments being delayed?
The cumbersome title of the Housing Grants Construction and Regeneration Act 1996 may not sound exci...
Company in Administration – Rent must be treated as administration expense Company in Administration – Rent must be treated as administration expense
In a recent decision which will be welcomed by commercial landlords, the High Court has confirmed th...
ACCESSIBILITY ALTERATIONS – THE LAW HAS REAL TEETH ACCESSIBILITY ALTERATIONS – THE LAW HAS REAL TEETH
In its recent landmark judgment in Allen v. Royal Bank of Scotland, the Court of Appeal uphel...
DISABILITY DISCRIMINATION IN RELATION TO DEPENDANTS DISABILITY DISCRIMINATION IN RELATION TO DEPENDANTS
It is clearly illegal for an employer to discriminate against an employee on the grounds of the e...
LEASES, SERVICE CHARGES & DILAPIDATIONS  LUNCHTIME SEMINAR 12 NOON THURSDAY 19th NOVEMBER 2009 LEASES, SERVICE CHARGES & DILAPIDATIONS LUNCHTIME SEMINAR 12 NOON THURSDAY 19th NOVEMBER 2009
As a Landlord are you aware of the latest opportunities to reduce costs? As a Tenant what can you...
RELOCATION, RELOCATION, RELOCATION
It is a problem that regularly crops up. A couple with children split up. The children live with ...
STRESS CLAIMS – OFFERING CONFIDENTIAL COUNSELLING IS NOT THE WHOLE ANSWER STRESS CLAIMS – OFFERING CONFIDENTIAL COUNSELLING IS NOT THE WHOLE ANSWER
The decision of the Court of Appeal in Dickins v. O2 provides a useful reminder to employers that if...
HIGH COURT AWARDS EMPLOYEE INVENTORS SUBSTANTIAL SUMS
In a recent groundbreaking decision, the High Court ordered an employer to pay two employee inventor...
DIVORCE SETTLEMENTS – COURT OF APPEAL SAYS “NO” TO DEAL BEING REOPENED
The recent decision of the Court of Appeal in Myerson v. Myerson is a stark reminder that the courts...
DIRECTORS WHO DO NOTHING INCUR MASSIVE LIABILITIES
Corporate responsibility is definitely a hot topic at the moment. Directors must perform their duti...
UNLAWFUL PAYMENTS BY LIMITED COMPANIES UNLAWFUL PAYMENTS BY LIMITED COMPANIES
One of the advantages of doing business through the medium of a limited company is that in normal ci...
Free Seminar on Separation and Divorce Free Seminar on Separation and Divorce
The Heald Family team are running a Free information seminar covering aspects of Separation and Divo...
COMPANY ACCOUNTS - LATE FILING PENALTIES INCREASED COMPANY ACCOUNTS - LATE FILING PENALTIES INCREASED
The civil penalties payable by companies that fail to file their accounts at Companies House on time...
BLANKET BAN ON EMPLOYEES REQUIRING WORK PERMITS MAY AMOUNT TO DISCRIMINATION BLANKET BAN ON EMPLOYEES REQUIRING WORK PERMITS MAY AMOUNT TO DISCRIMINATION
Dealing with the immigration status of prospective employees can be something of a minefield for emp...
Race For Life Race For Life
This year the ladies of Heald Solicitors decided to unite against cancer and participant in the nume...
Statutory Dispute Resolution Procedures - The End Is In Sight Statutory Dispute Resolution Procedures - The End Is In Sight
On 13th November 2008 the Employment Act 2008 received Royal Assent. When Section 1 is brought into...
Redundancy Selection Criteria
In the current economic climate, many employers are facing the difficult task of selecting employees...
ALWAYS GET IT IN WRITING ALWAYS GET IT IN WRITING
When doing business, it is a very human inclination to trust others and to rely on a handshake. How...
Corporate Manslaughter and Homicide
The failure to obtain convictions for corporate manslaughter following the Herald of Free Enterprise...
HEALD EXTRA MILE CYCLE CHALLENGE SUCCESS HEALD EXTRA MILE CYCLE CHALLENGE SUCCESS
More than 170 cyclists completed the Extra Mile Cycle Challenge sponsored by Heald Solicitors. The ...
Directors - The Risk of Personal Liability
Those involved in running a business will often be well-advised to set up a limited company to minim...
ECJ Ruling Widens Scope of Discrimination Law
In Colman v. Attridge Law, the European Court of Justice has recently ruled that what is some...
Failing to Pay the National Minimum Wage Failing to Pay the National Minimum Wage
All the signs are that the Government is intent on cracking down on employers who fail to pay the Na...
Employing People Subject To Immigration Control
The Previous Position Section 8 of the Asylum and Immigration Act 1996 made it a crimi...
RATES ON UNOCCUPIED COMMERCIAL PROPERTY – A BADLY-TIMED INCREASE IN BUSINESS COSTS
At a time when business costs are rising generally, the Rating (Empty Properties) Act 2007 has subst...
Construction – New Rules on Site Waste Management
The Site Waste Management Plans Regulations 2008 came into force on 6 April 2008. It is now illeg...
HEALTH AND SAFETY – WHEN THINGS GET OUT OF CONTROL ....
Yet again the Court of Appeal has dealt with a case about the Provision and Use of Work Equipment R...
HEALTH AND SAFETY –WHEN OCCUPIERS ARE LIABLE
The recent case of Mason and Satelcom Ltd. v. East Potential Ltd. provides a vivid example of...
THE IMPORTANCE OF PLAYING BY THE RULES
When running a small family company, in particular, it is always tempting to take a fairly relaxed a...
Oil Pollution Services Limited
A Heald team led by partner David Dees recently completed an acquisition of an engineering company f...
Joint Insurance – Don’t Be Lulled
Suppose A negligently damages B’s property. B makes a claim on his insurance. The insurers pay out...
£226 PER MILE ON THREE DAY CHARITY CYCLING CHALLENGE £226 PER MILE ON THREE DAY CHARITY CYCLING CHALLENGE
On Thursday evening, Preston Ayres, Extra Mile trustee, announced that 184 people from in and around...
Extra Mile celebrates its fifth year of raising funds – at the Holiday Inn, on 28 February Extra Mile celebrates its fifth year of raising funds – at the Holiday Inn, on 28 February
2007’s Extra Mile Four-Nation Challenge, on 21–23 September, saw more than 45 teams ride in relay ov...
Bank adds lawyer to advice panel Bank adds lawyer to advice panel
CLYDESDALE Bank has added Milton Keynes based law firm Heald Solicitors to its panel of legal advise...
Stopping Competition By Ex-Employees
An Interesting Case For many employers it is their worst nightmare. One or more employees...
Pensions – When is an Internal Transfer not an Internal Transfer?
When it’s an External Transfer! In a recent case, an actuary was instructed as a joint expert to ...
Dismissal – If In Doubt Use the Statutory Disciplinary Procedure
The recent case of Klusova v. London Borough of Hounslow is a good example of how a failure to follo...
THE EFFECT OF TUPE 2006 REGULATIONS ON CONTRACT OUTSOURCING THE EFFECT OF TUPE 2006 REGULATIONS ON CONTRACT OUTSOURCING
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply when a busines...
HARASSMENT AT WORK AND THE PROTECTION FROM HARASSMENT ACT 1997
Specific statutory provisions deal with harassment in the workplace on the grounds of race, sex, sex...
RECOVERING RENT ARREARS – IMPORTANT CHANGES ARE AFOOT
The ancient remedy of distress allows a landlord to seize a tenant’s goods, sell them and use the pr...
INCENTIVISING MANAGEMENT THROUGH EMI SCHEMES INCENTIVISING MANAGEMENT THROUGH EMI SCHEMES
Many private companies chose to offer incentives to key members of staff by offering the managers th...
PROPERTY OWNED BY COHABITING COUPLES – WELCOME GUIDANCE FROM THE HOUSE OF LORDS
Lots of people who live together without being married. Another, more recent, trend is the result of...
INSURANCE – DON’T GET CAUGHT OUT
When it comes to insurance, it is all too easy to get it wrong. It is important to understand that w...
Unlawful Loans to Directors
Subject to a number of exceptions - for example, loans not exceeding £5,000 - the Companies Act 1985...
THE INFORMATION AND CONSULTATION OF EMPLOYEE REGULATIONS 2004
FAILURE TO CONSULT CAN COST SERIOUS MONEY The Information and Consultation of Employee Reg...
45 Team Challenge Sell Out
All 45 team places in the 2007 Four Nations Challenge were snapped up before the June 30 deadline, g...
COMMERCIAL LEASES – POINTS TO BEAR IN MIND
As lawyers, we often find that by the time we become involved in negotiations relating to a commerci...
From the Commercial section:
Job opportunity within our property team
The Role We are looking to appoint a property solicitor or legal executive with between 2 ...
Service of Notices - Something of a Minefield Service of Notices - Something of a Minefield
The service of notices regularly gives rise to disputes and often ends up in costly and time-consumi...
Buy-to-Let Purchaser Loses Case against Negligent Valuer Buy-to-Let Purchaser Loses Case against Negligent Valuer
A recent decision of the Court of Appeal shows that a buy-to-let purchaser cannot safely rely on a v...
Government Consults on the Treatment of Pub Tenants Government Consults on the Treatment of Pub Tenants
On 22nd April 2013, the Department for Business, Innovation and Skills published a Consultation Pape...
High Court Quashes Milton Keynes Wind Turbine Policy High Court Quashes Milton Keynes Wind Turbine Policy
The High Court has recently ruled that Milton Keynes Council's Policy on Wind Turbines was unlawful....
Redundancy Selection Criteria - Employer Gets It Wrong Redundancy Selection Criteria - Employer Gets It Wrong
Employers may be forgiven if they sometimes feel that they are in a no-win situation. Over the years...
Franchise Agreements - High Court Upholds Post-Termination Restrictions Franchise Agreements - High Court Upholds Post-Termination Restrictions
In a recent decision that will be welcomed by franchisors, the High Court ruled that provisions in a...
Residential Service Charge Consultations - The Supreme Court to the Rescue Residential Service Charge Consultations - The Supreme Court to the Rescue
In a decision that will be greeted with relief by many landlords, the Supreme Court has ruled that a...
Escape of Fire - No Liability in Absence of Negligence Escape of Fire - No Liability in Absence of Negligence
The recent decision of the Court of Appeal in Stannard (t/a Wyvern Tyres) v Gore reinforces t...
Employer overreacts to Facebook postings! Employer overreacts to Facebook postings!
In the recent case of Smith v. Trafford Housing Trust, the High Court ruled that the Trust had acted...
Property Development and Third Party Rights - Muscle and Money Don't Always Triumph Property Development and Third Party Rights - Muscle and Money Don't Always Triumph
In property development, time invariably equals money. A developer is often tempted to press on with...
EAT Upholds Re-Engagement Order Following TUPE-Related Dismissal EAT Upholds Re-Engagement Order Following TUPE-Related Dismissal
In the recent case of Manchester College v Hazel, the Employment Appeal Tribunal (EAT) upheld...
Landlord's Failure to Comply With Lease Gives Tenant Windfall Landlord's Failure to Comply With Lease Gives Tenant Windfall
In a recent case, a landlord who had failed to insure the property in the joint names of the landlor...
On-Line Contracts:  Providing Information By Hyperlink Will Not Do On-Line Contracts: Providing Information By Hyperlink Will Not Do
Suppose, for a moment, there was a general legal requirement that before entering into a contract wi...
High Court Upholds Negligence Claim against "Innocent" Directors High Court Upholds Negligence Claim against "Innocent" Directors
When a company goes bust owing large amounts of money, a liquidator may well pursue the Directors fo...
Company Fined £480,000 in Corporate Manslaughter Case Company Fined £480,000 in Corporate Manslaughter Case
In July 2012 in the second corporate manslaughter case to be brought in England - the third in the U...
Good News for Occupiers - High Court Rules that Rate Avoidance Scheme Works Good News for Occupiers - High Court Rules that Rate Avoidance Scheme Works
In these hard-pressed times, many landlords and businesses with unwanted commercial property on thei...
Residential Tenancies - Rent Demands - Managing Agents' Address Will Not Do Residential Tenancies - Rent Demands - Managing Agents' Address Will Not Do
Until now, it has been common practice for landlords of residential premises to issue rent and servi...
Record Fine Imposed on NHS Trust for Data Protection Breach Record Fine Imposed on NHS Trust for Data Protection Breach
The Information Commissioner's Office (ICO) recently announced that a civil monetary penalty of £325...
Online Term Did Not Bind Consumer Online Term Did Not Bind Consumer
The High Court has recently ruled that a term in a spread betting bookmaker's website Terms and Cond...
Mistake in Siting Hoarding Costs Advertiser Mega-Bucks Mistake in Siting Hoarding Costs Advertiser Mega-Bucks
A recent ruling by the Court of Appeal illustrates the bizarre outcome that can result from a rigid ...
Court of Appeal Confirms Side-Letter was Unenforceable Court of Appeal Confirms Side-Letter was Unenforceable
Side-letters can be tricky things. They are often seen as a way of bridging an otherwise unbridgeabl...
Cookies - Two Cheers for ICO's U-Turn on Implied Consent? Cookies - Two Cheers for ICO's U-Turn on Implied Consent?
The Information Commissioner's Office (ICO) has published revised guidance on the new rules on the u...
Parent Company Faces $54m Claim under Guarantee Created By Email Parent Company Faces $54m Claim under Guarantee Created By Email
Businesses are often unaware that a legally binding contract can be made by a simple exchange of e-m...
New Opt-Out Rules on Cookies - Grace Period Ends New Opt-Out Rules on Cookies - Grace Period Ends
A year ago the Government introduced new rules on the use of cookies. The Privacy and Electronic Co...
Borrowing Old Equipment Lands Director in Hot Water Borrowing Old Equipment Lands Director in Hot Water
Law is often largely a matter of commonsense. Take the issue of Directors' Duties. What the law req...
Stamp Duty Land Tax - Revenue Gets Extra Slice of the Cake Stamp Duty Land Tax - Revenue Gets Extra Slice of the Cake
Stamp Duty Land Tax (SDLT) is payable by purchasers of real estate. As well as land and buildings, a...
Borrowing Old Equipment Lands Director in Hot Water Borrowing Old Equipment Lands Director in Hot Water
Law is often largely a matter of commonsense. Take the issue of Directors' Duties. What the law req...
Nuisance - Statutory Licence or Permission Does Not Necessarily Give You Carte blanche Nuisance - Statutory Licence or Permission Does Not Necessarily Give You Carte blanche
Over recent months the courts have had to grapple more than once with the question of how far the gr...
Heath and Safety - Gamekeeper Shoots Himself in the Leg Heath and Safety - Gamekeeper Shoots Himself in the Leg
Like data protection and the Human Rights Act, health and safety law tends to be the subject of a ce...
Residential Tenancy Deposits - Sledgehammer Legislation Repealed Residential Tenancy Deposits - Sledgehammer Legislation Repealed
Residential landlords will be relieved to learn that, with effect from 6th April 2012, the sanctions...
£90,000 Libel Damages Awarded Against Tweeter Upheld by Court of Appeal £90,000 Libel Damages Awarded Against Tweeter Upheld by Court of Appeal
With what might be thought to be an exquisite sense of timing, given the events of recent weeks, the...
Failure to Pay £130 Cost Tenant £££s Failure to Pay £130 Cost Tenant £££s
A recent case shows - yet again - how careful a tenant has to be when exercising its right to termin...
New credit-easing measures for SMEs New credit-easing measures for SMEs
The government has recently published further details of a package of credit-easing measures aimed a...
Sale of Business by Company in Administration - Court Ruling Increases Buyer's Exposure Sale of Business by Company in Administration - Court Ruling Increases Buyer's Exposure
In the recent case of Amble Assets LLP v. Longbenton Foods Ltd., the High Court ruled on the ...
Entrepreneurs' Relief Applied to Sale of Part of Business Entrepreneurs' Relief Applied to Sale of Part of Business
Business people will welcome a recent ruling that the sale of part of a business qualified for entre...
Court of Appeal Clarifies Law on AGAs Court of Appeal Clarifies Law on AGAs
A recent decision of the Court of Appeal provides some welcome clarification on the law relating to ...
Residential Tenancy Deposits - Sledgehammer Legislation Repealed Residential Tenancy Deposits - Sledgehammer Legislation Repealed
Residential landlords will be relieved to learn that the sanctions that for non-compliance with the ...
Break Clause - Blunder Cost Tenant £200K Break Clause - Blunder Cost Tenant £200K
A recent Court of Appeal decision highlights the need for business tenants to take care when exercis...
Hot Shot Lawyer Falls Foul of Data Protection Act Hot Shot Lawyer Falls Foul of Data Protection Act
The Information Commissioner's Office (ICO) has ruled that Ruth Crawford QC, a leading Scottish lawy...
Taxman Clobbers Granny Taxman Clobbers Granny
A Tribunal has ruled that the conversion of a barn into a granny-annex was subject to VAT because th...
Marks and Spencer Fined £1m for Breach of Asbestos Rules Marks and Spencer Fined £1m for Breach of Asbestos Rules
Following a sentencing hearing in Bournemouth Crown Court on 27 September 2011, Marks and Spencer pl...
STAR WARS : The Trilogy STAR WARS : The Trilogy
The Supreme Court has recently ruled in the long running and third instalment of the case between Lu...
Mortgage Valuation Trap for Buy-to-Let Mortgage Valuation Trap for Buy-to-Let
A recent decision of the Court of Appeal shows that a buy-to-let purchaser cannot safely rely on a v...
Private Sewer Transfer – Some Good News for Householders and Businesses Private Sewer Transfer – Some Good News for Householders and Businesses
On 1st October 2011 the responsibility to repair and maintain private sewers and lateral drains (a d...
Commercial Agents Commercial Agents
A commercial agent is an individual or company appointed to sell goods on behalf of another. They a...
Late Payment Interest under Commercial Contracts - Improved Rights for Creditors on the Way Late Payment Interest under Commercial Contracts - Improved Rights for Creditors on the Way
It has been estimated that in the Euro Zone there is currently just under €2 trillion worth of unpai...
All Reasonable Endeavours - Commercial Contracts - Airport's Obligation Proves Terminal All Reasonable Endeavours - Commercial Contracts - Airport's Obligation Proves Terminal
The ideal commercial contract covers every eventuality with clarity and precision. Sadly if such a c...
"Terms and conditions available on request" "Terms and conditions available on request"
Sounds familiar? Rather than supplying their T&Cs as a matter of routine, many suppliers simply inf...
Service Charge Consultations - Residential Landlord Who Spent £270,000 On Repairs Only Recovered £1,250 Service Charge Consultations - Residential Landlord Who Spent £270,000 On Repairs Only Recovered £1,250
A recent decision provides a clear warning to residential landlords to ensure they comply fully with...
Human Rights Commission Code on Service Provision Human Rights Commission Code on Service Provision
The Statutory Code of Practice covering the provision of services, public functions and associations...
Insurance Broker Loses Sentence Appeal in Corruption Case Insurance Broker Loses Sentence Appeal in Corruption Case
Bribery and corruption is very much a hot button issue with the Bribery Act 2010 scheduled to come i...
The Bribery Act 2010 – Latest The Bribery Act 2010 – Latest
The Bribery Act 2010 is now scheduled to come into force on 1st July 2011. Meanwhile, on 30th Mar...
Building Contracts - Court of Appeal Clarifies Law on Dual Liability Building Contracts - Court of Appeal Clarifies Law on Dual Liability
In its recent decision in Robinson v P E Jones (Contractors) Ltd, the Court of Appeal has provided w...
First Corporate Manslaughter Case - Company Fined £385,000 First Corporate Manslaughter Case - Company Fined £385,000
Corporate Manslaughter History - On 17th February 2011, Cotswold Geotechnical (Holdings) Ltd (CGH) ...
Abolition of Default Retirement Age Abolition of Default Retirement Age
The Government has recently confirmed the phasing out of the Default Retirement Age of 65. Unde...
Is Google a bully? Is Google a bully?
It was interesting to see the reports over the last couple of days about Google’s Eric Schmidt expla...
Supreme Court Rules on De Facto Directors Supreme Court Rules on De Facto Directors
In the case of Holland v HMRC, the Supreme Court split 3-2 on whether Mr Holland was a de facto dire...
Law Of Guarantees All Over The Shop Law Of Guarantees All Over The Shop
House of Fraser has defeated the Landlord’s demand for a Parent Company Guarantee. In a complex d...
Playing Hardball Could Cost Developer Up To £2.5 Million Playing Hardball Could Cost Developer Up To £2.5 Million
The moral of this case is clear. A commercial developer who proceeds with a project in the face of ...
Residential Rent Deposits – An Important Point Clarified Residential Rent Deposits – An Important Point Clarified
Life would appear to have become easier for landlords who take rent deposits for assured shorthold t...
Marmite – 1; BNP - 0 Marmite – 1; BNP - 0
The facts in the recent case of Unilever plc v Griffin were unusual. However, the case is a good il...
Break Clauses - Beware Of Pitfalls Break Clauses - Beware Of Pitfalls
Break clauses give rise to many disputes. In the current economic climate, many tenants have prem...
Guidance and Principles for Corporate Governance for unlisted companies Guidance and Principles for Corporate Governance for unlisted companies
On November 22 2010 the Institute of Directors (IoD) launched its Guidance and Principles for Corpor...
Data Protection Fines Imposed Data Protection Fines Imposed
With effect from 6th April 2010, the Information Commissioner has had the power to impose fines for ...
Trade Marks and Exhaustion of Rights Trade Marks and Exhaustion of Rights
Lawyers tend to get very excited about arguments about the burden of proof. To a non-lawyer, such a...
Dilapidations And Damages At Lease End Dilapidations And Damages At Lease End
The recent decision of the High Court in PGF II S.A. and Another v. Royal and Sun Alliance Insura...
Adwords and Trade Mark infringement Adwords and Trade Mark infringement
One particularly hot topic in intellectual property law at the moment concerns the use of adwords an...
Protection of your product’s brand image Protection of your product’s brand image
Drinks manufacturers have a history of spirited and resolute protection of brand image. This has le...
High Court Rules On “Battle Of The Forms” Dispute High Court Rules On “Battle Of The Forms” Dispute
In the recent case of GHSP Incorporated v AB Electronic Ltd., the High Court was asked to rul...
The Provision of Services Regulations 2009 The Provision of Services Regulations 2009
The Provision of Services Regulations 2009 (the Regulations) came into force on 28 December 2009. T...
Company fined £400,000 for failure to take proper Fire Precautions Company fined £400,000 for failure to take proper Fire Precautions
In the recent case of New Look Retailers Ltd. v. The London Fire and Emergency Planning Autho...
Letters of Intent Letters of Intent
If doubt exists over contractual obligations, and the court has to decide the matter, the judge will...
When may directors or employees become personally liable for company liabilities? When may directors or employees become personally liable for company liabilities?
The basic position, of course, is that a limited company exists as a legal entity in its own right: ...
DANGER! - Unexploded Rent Review! DANGER! - Unexploded Rent Review!
In the recent decision of Bello v. Idealview Ltd. the High Court ruled that a thirteen year d...
The Bribery Act 2010 The Bribery Act 2010
The Bribery Act 2010 received Royal Assent on 8th April. Although matters are a little uncertain in...
Variation to works under a construction contract does not amount to an oral variation to the contract Variation to works under a construction contract does not amount to an oral variation to the contract
Under the Housing Grants Construction and Regeneration Act 1996 (known to its friends in the constru...
Sanctions imposed for dishonest evidence Sanctions imposed for dishonest evidence
Last month a substantial High Court action against Cable & Wireless PLC by a number of companies in ...
Sale of Shares: Directors Personal Liability Sale of Shares: Directors Personal Liability
Where a company has made representations in negotiations, and also in a Share Purchase Agreement, wh...
Binding contract can be formed before the parties think negotiations are complete Binding contract can be formed before the parties think negotiations are complete
Contracts are often negotiated on the basis that no contract will be effective until it has been sig...
Administrative Restoration now available for Companies and LLPs struck off under The Companies Act 1985 Administrative Restoration now available for Companies and LLPs struck off under The Companies Act 1985
Until now, a company struck off under the Companies Act 1985 could only be restored to the register ...
When Contract Tenders Go Wrong When Contract Tenders Go Wrong
When tendering for work, there is a natural temptation for a bidder to pitch his case in the best li...
Tax on Share Valuations Tax on Share Valuations
The recent decision of the Supreme Court in the Scottish case of Grays Timber Products Ltd. v. HM...
Construction Litigation – Proposals to Reduce Cost Construction Litigation – Proposals to Reduce Cost
The recent review by Lord Justice Jackson on litigation costs has made proposals aimed to reduce the...
Going the extra mile...  And when to check the terrain first! Going the extra mile... And when to check the terrain first!
Most businesses want to give outstanding customer service. We talk about "going the extra mile" and...
Contractors – are payments being delayed? Contractors – are payments being delayed?
The cumbersome title of the Housing Grants Construction and Regeneration Act 1996 may not sound exci...
Company in Administration – Rent must be treated as administration expense Company in Administration – Rent must be treated as administration expense
In a recent decision which will be welcomed by commercial landlords, the High Court has confirmed th...
DISABILITY DISCRIMINATION IN RELATION TO DEPENDANTS DISABILITY DISCRIMINATION IN RELATION TO DEPENDANTS
It is clearly illegal for an employer to discriminate against an employee on the grounds of the e...
COMPANY ACCOUNTS - LATE FILING PENALTIES INCREASED COMPANY ACCOUNTS - LATE FILING PENALTIES INCREASED
The civil penalties payable by companies that fail to file their accounts at Companies House on time...
Statutory Dispute Resolution Procedures - The End Is In Sight Statutory Dispute Resolution Procedures - The End Is In Sight
On 13th November 2008 the Employment Act 2008 received Royal Assent. When Section 1 is brought into...
ALWAYS GET IT IN WRITING ALWAYS GET IT IN WRITING
When doing business, it is a very human inclination to trust others and to rely on a handshake. How...
Corporate Manslaughter and Homicide
The failure to obtain convictions for corporate manslaughter following the Herald of Free Enterprise...
Directors - The Risk of Personal Liability
Those involved in running a business will often be well-advised to set up a limited company to minim...
RATES ON UNOCCUPIED COMMERCIAL PROPERTY – A BADLY-TIMED INCREASE IN BUSINESS COSTS
At a time when business costs are rising generally, the Rating (Empty Properties) Act 2007 has subst...
Construction – New Rules on Site Waste Management
The Site Waste Management Plans Regulations 2008 came into force on 6 April 2008. It is now illeg...
HEALTH AND SAFETY – WHEN THINGS GET OUT OF CONTROL ....
Yet again the Court of Appeal has dealt with a case about the Provision and Use of Work Equipment R...
THE IMPORTANCE OF PLAYING BY THE RULES
When running a small family company, in particular, it is always tempting to take a fairly relaxed a...
Oil Pollution Services Limited
A Heald team led by partner David Dees recently completed an acquisition of an engineering company f...
Joint Insurance – Don’t Be Lulled
Suppose A negligently damages B’s property. B makes a claim on his insurance. The insurers pay out...
Bank adds lawyer to advice panel Bank adds lawyer to advice panel
CLYDESDALE Bank has added Milton Keynes based law firm Heald Solicitors to its panel of legal advise...
RECOVERING RENT ARREARS – IMPORTANT CHANGES ARE AFOOT
The ancient remedy of distress allows a landlord to seize a tenant’s goods, sell them and use the pr...
INCENTIVISING MANAGEMENT THROUGH EMI SCHEMES INCENTIVISING MANAGEMENT THROUGH EMI SCHEMES
Many private companies chose to offer incentives to key members of staff by offering the managers th...
INSURANCE – DON’T GET CAUGHT OUT
When it comes to insurance, it is all too easy to get it wrong. It is important to understand that w...
Unlawful Loans to Directors
Subject to a number of exceptions - for example, loans not exceeding £5,000 - the Companies Act 1985...
COMMERCIAL LEASES – POINTS TO BEAR IN MIND
As lawyers, we often find that by the time we become involved in negotiations relating to a commerci...
From the Employment section:
Redundancy Selection Criteria - Employer Gets It Wrong Redundancy Selection Criteria - Employer Gets It Wrong
Employers may be forgiven if they sometimes feel that they are in a no-win situation. Over the years...
Employer overreacts to Facebook postings! Employer overreacts to Facebook postings!
In the recent case of Smith v. Trafford Housing Trust, the High Court ruled that the Trust had acted...
Employee Restrictive Covenants - Employer Almost Falls at First Hurdle Employee Restrictive Covenants - Employer Almost Falls at First Hurdle
Employers often want to include restrictive covenants in an employee's contract limiting what the em...
Court of Appeal Rules that Lap Dancer was NOT an Employee Court of Appeal Rules that Lap Dancer was NOT an Employee
Many employment rights - including the right to claim unfair dismissal - are confined to employees. ...
Borrowing Old Equipment Lands Director in Hot Water Borrowing Old Equipment Lands Director in Hot Water
Law is often largely a matter of commonsense. Take the issue of Directors' Duties. What the law req...
TUPE - EAT Provides Useful Guidance on Contracting Out TUPE - EAT Provides Useful Guidance on Contracting Out
The issue of contracting out has always been a thorny one relation in TUPE. How do you distinguish ...
Redundancy - Fishing in a Pool of One Redundancy - Fishing in a Pool of One
A Lawyer's Nightmare (Mr Ebenezer Scrooge consults his Solicitor, Mr Uriah Heap) Heap: ...
Employer Restrictive Covenants - Less is Often More Employer Restrictive Covenants - Less is Often More
When drafting clauses for an employment contract intended to restrict the employee's activities afte...
Employer Could Impose "No Opt-Out - No Overtime" Rule Employer Could Impose "No Opt-Out - No Overtime" Rule
The Employment Appeal Tribunal (EAT) has ruled that an employer is entitled to refuse to allocate ov...
Unfair Dismissal - Withdrawal of Incentive to Accept Change in Terms Unfair Dismissal - Withdrawal of Incentive to Accept Change in Terms
We recently reported on the decision of the Employment Appeal Tribunal (EAT) in Garside and Layco...
Sick Employee Could Carry Untaken Holiday Over to Next Leave Year Sick Employee Could Carry Untaken Holiday Over to Next Leave Year
In its recent decision in NHS Leeds v. Larner, the Court of Appeal has confirmed that an empl...
Dismissal for Refusing to Accept Pay Cut Dismissal for Refusing to Accept Pay Cut
In the current economic climate many employers have been forced to look at imposing a pay cut on the...
Time Off for Emergency Child Care – Unimplemented Policy Wasn’t Much Use Time Off for Emergency Child Care – Unimplemented Policy Wasn’t Much Use
In Clarke v Credit Resource Solutions, an Employment Tribunal ruled that an employee had been...
Agency Workers Regulations – Government Issues Final Guidance Agency Workers Regulations – Government Issues Final Guidance
The Agency Workers Regulations 2010 come into force on 1 October 2011. The Regulations give tempora...
Positive Discrimination – the Perils!
Sometimes, employers may perhaps be forgiven for thinking that they are damned if they do and they a...
Human Rights Commission Code on Service Provision Human Rights Commission Code on Service Provision
The Statutory Code of Practice covering the provision of services, public functions and associations...
Insurance Broker Loses Sentence Appeal in Corruption Case Insurance Broker Loses Sentence Appeal in Corruption Case
Bribery and corruption is very much a hot button issue with the Bribery Act 2010 scheduled to come i...
The Bribery Act 2010 – Latest The Bribery Act 2010 – Latest
The Bribery Act 2010 is now scheduled to come into force on 1st July 2011. Meanwhile, on 30th Mar...
The Protection from Harassment Act Strikes Again! The Protection from Harassment Act Strikes Again!
Originally intended to deal with stalkers and nuisance phone calls, the Protection of Harassment Act...
New Paternity Rights Apply From 3rd April 2011 New Paternity Rights Apply From 3rd April 2011
New paternity rights will apply where a child is due on or after 3rd April 2011. Under existing l...
New Guidance On Illegal Working Issued New Guidance On Illegal Working Issued
The UK Border Agency has published new guidance for employers on the prevention of illegal working. ...
Supreme Court Confirms That Dismissal Only Took Effect When Employee Read Letter Supreme Court Confirms That Dismissal Only Took Effect When Employee Read Letter
In the recent case of Gisda Cyf v Barratt, the Supreme Court has confirmed that where an empl...
New Anti-Discrimination Laws Come Into Force New Anti-Discrimination Laws Come Into Force
On 1st October 2010, most of the provisions of the long-awaited Equality Act 2010 came into force. ...
TUPE - Changing terms and conditions TUPE - Changing terms and conditions
The recent decision of the Employment Appeal Tribunal (EAT) in Todd v. Strain serves as yet a...
Using Disciplinary Procedures Using Disciplinary Procedures
A recent decision of the Court of Appeal demonstrates the importance of an employer not rushing into...
Equality Act 2010 Equality Act 2010
On 14th April 2010, the Equality Act 2010 received Royal Assent. It is widely anticipated that most...
DISABILITY DISCRIMINATION IN RELATION TO DEPENDANTS DISABILITY DISCRIMINATION IN RELATION TO DEPENDANTS
It is clearly illegal for an employer to discriminate against an employee on the grounds of the e...
STRESS CLAIMS – OFFERING CONFIDENTIAL COUNSELLING IS NOT THE WHOLE ANSWER STRESS CLAIMS – OFFERING CONFIDENTIAL COUNSELLING IS NOT THE WHOLE ANSWER
The decision of the Court of Appeal in Dickins v. O2 provides a useful reminder to employers that if...
BLANKET BAN ON EMPLOYEES REQUIRING WORK PERMITS MAY AMOUNT TO DISCRIMINATION BLANKET BAN ON EMPLOYEES REQUIRING WORK PERMITS MAY AMOUNT TO DISCRIMINATION
Dealing with the immigration status of prospective employees can be something of a minefield for emp...
Statutory Dispute Resolution Procedures - The End Is In Sight Statutory Dispute Resolution Procedures - The End Is In Sight
On 13th November 2008 the Employment Act 2008 received Royal Assent. When Section 1 is brought into...
Redundancy Selection Criteria
In the current economic climate, many employers are facing the difficult task of selecting employees...
ECJ Ruling Widens Scope of Discrimination Law
In Colman v. Attridge Law, the European Court of Justice has recently ruled that what is some...
Failing to Pay the National Minimum Wage Failing to Pay the National Minimum Wage
All the signs are that the Government is intent on cracking down on employers who fail to pay the Na...
Employing People Subject To Immigration Control
The Previous Position Section 8 of the Asylum and Immigration Act 1996 made it a crimi...
HEALTH AND SAFETY –WHEN OCCUPIERS ARE LIABLE
The recent case of Mason and Satelcom Ltd. v. East Potential Ltd. provides a vivid example of...
Stopping Competition By Ex-Employees
An Interesting Case For many employers it is their worst nightmare. One or more employees...
Dismissal – If In Doubt Use the Statutory Disciplinary Procedure
The recent case of Klusova v. London Borough of Hounslow is a good example of how a failure to follo...
THE EFFECT OF TUPE 2006 REGULATIONS ON CONTRACT OUTSOURCING THE EFFECT OF TUPE 2006 REGULATIONS ON CONTRACT OUTSOURCING
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply when a busines...
HARASSMENT AT WORK AND THE PROTECTION FROM HARASSMENT ACT 1997
Specific statutory provisions deal with harassment in the workplace on the grounds of race, sex, sex...
THE INFORMATION AND CONSULTATION OF EMPLOYEE REGULATIONS 2004
FAILURE TO CONSULT CAN COST SERIOUS MONEY The Information and Consultation of Employee Reg...
From the Family section:
DIY Will error ends in the High Court DIY Will error ends in the High Court
Do you need a lawyer to make a Will? The short answer is - no, you don't. There is nothing to stop a...
Children - Court of Appeal Upholds Sperm Donor's Contact Rights Children - Court of Appeal Upholds Sperm Donor's Contact Rights
Increasingly, the courts are being asked to deal with issues which simply would not have arisen befo...
Supreme Court Cuts Unmarried Father's Share in £250K House from 50% to 10% Supreme Court Cuts Unmarried Father's Share in £250K House from 50% to 10%
The Supreme Court has overturned the controversial ruling handed down last year by the Court of Appe...
New Collaborative Lawyer New Collaborative Lawyer
Heald are delighted to announce that family lawyer Dawn Millar, has joined Mary Banham-Hall, by beco...
Why Use Heald Solicitors For Wills, Probate, Powers Of Attorney & Trusts Why Use Heald Solicitors For Wills, Probate, Powers Of Attorney & Trusts
Heald Solicitors have been established in Milton Keynes now for 30 years. It has a long and establi...
The Last Will and Testament of ... But Not Necessarily the Last Word The Last Will and Testament of ... But Not Necessarily the Last Word
Lawyers are forever chivvying their clients about making Wills and, as a general principle, making a...
Lottery Winner Pays Ex £2m Lottery Winner Pays Ex £2m
A multi-million lottery winner has agreed to pay a slice of his winnings to his ex-wife in an out-of...
Pre-Nups Get Green Light From The Supreme Court Pre-Nups Get Green Light From The Supreme Court
The process of getting divorced is invariably a time of great distress. Often a great deal of the ...
RELOCATION, RELOCATION, RELOCATION
It is a problem that regularly crops up. A couple with children split up. The children live with ...
Free Seminar on Separation and Divorce Free Seminar on Separation and Divorce
The Heald Family team are running a Free information seminar covering aspects of Separation and Divo...
Pensions – When is an Internal Transfer not an Internal Transfer?
When it’s an External Transfer! In a recent case, an actuary was instructed as a joint expert to ...
PROPERTY OWNED BY COHABITING COUPLES – WELCOME GUIDANCE FROM THE HOUSE OF LORDS
Lots of people who live together without being married. Another, more recent, trend is the result of...
From the Residential section:
High Court Quashes Milton Keynes Wind Turbine Policy High Court Quashes Milton Keynes Wind Turbine Policy
The High Court has recently ruled that Milton Keynes Council's Policy on Wind Turbines was unlawful....
Mortgage Valuation Trap for Buy-to-Let Mortgage Valuation Trap for Buy-to-Let
A recent decision of the Court of Appeal shows that a buy-to-let purchaser cannot safely rely on a v...
Private Sewer Transfer – Some Good News for Householders and Businesses Private Sewer Transfer – Some Good News for Householders and Businesses
On 1st October 2011 the responsibility to repair and maintain private sewers and lateral drains (a d...
Service Charge Consultations - Residential Landlord Who Spent £270,000 On Repairs Only Recovered £1,250 Service Charge Consultations - Residential Landlord Who Spent £270,000 On Repairs Only Recovered £1,250
A recent decision provides a clear warning to residential landlords to ensure they comply fully with...
From the Community section:
Torrential rain, gale force winds and achy bodies - that's all in a day's work for the Heald & Toes team Torrential rain, gale force winds and achy bodies - that's all in a day's work for the Heald & Toes team
On 29 April 2012 the Heald and Toes team, which comprised of four lawyers, David Dees, Esther Marcha...
Heald swim again for the Milton Keynes Charity Swimathon
Our intrepid team of staff, family and friends have again taken up the challenge to raise money for ...
Raising money through wine, cheese and other smellies Raising money through wine, cheese and other smellies
The Well Heald Team, a team of cyclists comprising Nick Crook and Esther Marchant of Heald Solicitor...
Extra mile Black forest challenge 2010 Extra mile Black forest challenge 2010
Last year we had an easy ride in the autumn sunshine round the valleys of the Loire. This year the ...
Heald Solicitors Riding High Heald Solicitors Riding High
The economic cycle may have been on the downturn, but Heald's plucky pedallers are celebrating once...
2010 Moo Walk for charity 2010 Moo Walk for charity
Angela Poole and her friends had a long evening on Saturday night, along with over 2000 other women ...
Race For Life Race For Life
This year the ladies of Heald Solicitors decided to unite against cancer and participant in the nume...
HEALD EXTRA MILE CYCLE CHALLENGE SUCCESS HEALD EXTRA MILE CYCLE CHALLENGE SUCCESS
More than 170 cyclists completed the Extra Mile Cycle Challenge sponsored by Heald Solicitors. The ...
£226 PER MILE ON THREE DAY CHARITY CYCLING CHALLENGE £226 PER MILE ON THREE DAY CHARITY CYCLING CHALLENGE
On Thursday evening, Preston Ayres, Extra Mile trustee, announced that 184 people from in and around...
ANNOUNCING 2008’s EXTRA MILE MASSIF CHALLENGE ANNOUNCING 2008’s EXTRA MILE MASSIF CHALLENGE
On 28 February, Martin Banham-Hall, senior partner of major sponsors, Heald Solicitors, revealed the...
Extra Mile celebrates its fifth year of raising funds – at the Holiday Inn, on 28 February Extra Mile celebrates its fifth year of raising funds – at the Holiday Inn, on 28 February
2007’s Extra Mile Four-Nation Challenge, on 21–23 September, saw more than 45 teams ride in relay ov...
HEALD CYCLISTS COMPLETE THE FIFTH EXTRA-MILE CHALLENGE HEALD CYCLISTS COMPLETE THE FIFTH EXTRA-MILE CHALLENGE
The Heald Solicitors Extra Mile Four Nations Challenge saw 184 men and women from the local busines...
45 Team Challenge Sell Out
All 45 team places in the 2007 Four Nations Challenge were snapped up before the June 30 deadline, g...
Swimathon
Heald's Windo Wonders combined their efforts in the annual Swimathon on the 10th March to raise mone...
From the Notary section:
Bahrain ratifies the Hague Apostille Convention 1961 Bahrain ratifies the Hague Apostille Convention 1961
Bahrain has ratified the Hague Apostille Convention of 1961 Apostille to take effect on 31 December ...
Uruguay joins the Hague Convention Uruguay joins the Hague Convention
On Thursday 9 February 2012, Uruguay became the 103rd country to Contract to the Hague Convention of...
Oman has joined the Hague Apostille Convention. Oman has joined the Hague Apostille Convention.
The accession of Oman is significant as the first State of the Persian Gulf to join the Apostille Co...
Notaries going digital Notaries going digital
On 18th January 2012 the EU Commission held a lecture on the progress of the European Digital World ...
Closure of Public and Business Counters Closure of Public and Business Counters
Following the FCO’s recent announcement of the closure of the public and business counters on the 24...
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Heald Solicitors
Ashton House, 471 Silbury Boulevard, Central Milton Keynes, Buckinghamshire, MK9 2AH (Registered Office)
Tel: 01908-662277 | Fax: 01908 675667 | Legal & Privacy

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Heald Solicitors is a trading name of Heald Solicitors LLP Registered No: OC363895