By Kimberley Clifton Is delay sufficient to defeat an application to set aside default judgment? Unsuccessful applications There has been a flurry of recent cases from the last three years dealing with the significance of delay in applications to set aside a default judgment. The following cases are some interesting examples of applications...
Coronavirus Act 2020: Business Tenancies Restrictions on forfeiture for non-payment of rent
7 April 2020
By Laura Smallwood Section 82 of the Coronavirus Act 2020, which came into force on 25th March 2020, restricts the ability of landlords of relevant business premises to enforce a right of re-entry or forfeiture for non-payment of rent. Definitions (s.82(12) ● The ‘relevant period’ during which the provisions apply is 26th March to...
By Rowan Morton New guidance is emerging on a regular basis and the analysis below is as of 30 March 2020. We are still awaiting Regulations on the JRS expected within the next two weeks. The Headline Points The most important thing for employers and employees to understand is that the JRS co-exists with current employment...
You may be able to consult with a Barrister directly, without the need to first engage the services of a solicitor. The advantage is that for the right cases, you can save both time and considerable expense by going direct as you are only paying one lawyer instead of two. Contact our clerks today to...
Don’t Get Uber-Excited
2 November 2016
By Matthew Pascall, Barrister, Guildford Chambers The Uber decision has not made new law and is highly fact-sensitive; Businesses need to be sure they understand the consequences of the arrangements they have with casual staff; Individuals working in the “Gig Economy” should not assume that they have signed away their employment rights on the basis...
TUPE and Pensions
29 July 2015
A Short Briefing Note By Matthew Pascall, Barrister, Guildford Chambers Ordinarily one would assume that obligations and duties in relation to pension schemes that form part of or are related to contracts of employment would be caught by the TUPE Regulations and pass from transferor to transferee on a transfer of an undertaking. In fact,...
Calculating Holiday Pay
5 November 2014
Bear Scotland & Others v. Fulton & Others UKEAT/0047/13/BI EAT Langstaff J- Calculating Holiday Pay Case Note by Matthew Pascal, Barrister Summary & Practical Issues: Employees are now entitled to holiday pay calculated by reference to overtime payments they have received averaged out over a period of 12 weeks from the date holiday pay is...
Care Home Win Against Local Authority in High Court Battle Roger Smithers has successfully represented a Care Home in a High Court dispute over fees with a Local Authority. There have been a number of well publicised disputes between care home owners and Councils about the level of funding provided to support vulnerable adults in...
In the Legal 500 2013, Guildford Chambers is ranked as a leading 2nd tier set in the South Eastern Circuit. Within Employment, Guildford Chambers’ Matthew Pascall is recommended for unfair dismissal and discrimination work. Rowan Morton is ‘tough but sensible; willing to fight for a point, but will not pursue a fruitless argument’. Within Commercial and Chancery,...
In the wake of the Government’s announcement that they are to ban gagging orders in NHS compromise agreements. The question to ponder is how non-NHS organisations are affected? Jeremy Hunt, Health Secretary, has stated all NHS compromise agreements for departing staff will have to be approved by the Department for Health and the Treasury. Also, they...
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