Good morning! We promised you some updates on Brexit...
Saturday, 30 June 2018
Friday, 29 June 2018
DO YOU RIDE A MOTORBIKE?
Do you ride a motorbike? You might find this interesting… A man left paralysed by a road traffic accident in which his motorbike was hit by a car will be awarded damages for his injuries, at a sum to be assessed, despite his own admission of having been speeding.
Gregory McPherson was riding at a high speed before he collided with an oncoming car in June 2014. The accident left him paralysed from the chest down and he is now permanently confined to a wheelchair. He claimed that he was going too fast before he braked, but said he was ‘there to be seen’ and insisted that the motorist was also at fault. He claimed damages from the motorist’s insurers.
On 13 June 2018 at the High Court, Judge Geoffrey Robinson ruled Mr McPherson two-thirds responsible for the accident, having overtaken a bus ‘at great speed’ before the collision.
He went on to rule that the motorist was one-third responsible because, while he had indicated before executing a right turn, he should have spotted the motorbike before starting the manoeuvre.
The amount of the claimant’s award has yet to be assessed, but the extent of his disabilities means he may be due a seven-figure sum, which will be reduced by two-thirds.
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Thursday, 28 June 2018
SMALL CLAIMS FOR PERSONAL INJURY INCLUDING WHIPLASH
This is important and will affect everyone who is injured but whose claim is less than £5,000. This will result in you having to undertake your own litigation in those circumstances, the question is can you negotiate the legal process and obtain the necessary medical evidence to support your claim. Many people will not and this Bill if it goes through is going to affect YOU.
Wednesday, 27 June 2018
WORLD CUP - GUIDANCE TO EMPLOYERS
Good morning! As the World Cup is fast moving to its second fase it is always a good idea to check the published guidance for employers on issues that could arise during this period.
In its guidance Acas suggests, among other things:
• all requests for leave should be considered fairly
• potentially have a more flexible working day
• remind staff of any policies regarding the use of social networking and websites during working hours
For more information go to:
http://www.acas.org.uk/index.aspx?articleid=6545
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MORE UPDATES ON BREXIT
More updates on Brexit...
https://www.independent.co.uk/news/business/news/brexit-trade-deal-latest-uk-motor-industry-customs-union-warning-cbi-paul-dreschler-a8396366.html
https://www.independent.co.uk/news/business/news/brexit-trade-deal-latest-uk-motor-industry-customs-union-warning-cbi-paul-dreschler-a8396366.html
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Tuesday, 26 June 2018
COUNCIL TO PAY DAMAGES TO CHILD HURT AT AN INFLATABLE GAME!
Summer is here and so are the inflatables! Parents, watch out! A 10 year old boy was seriously injured when he tripped and fell at an inflatable game attraction for children at Kirkstall Abbey, Yorkshire, in 2014.
The game structure was divided into pods to separate changes in level, but the light inside was dim. The child tripped on a ridge between the pods, smashing a toy gun against his teeth and causing a serious injury.
A damages claim was filed on his behalf and, in an initial hearing, the Judge in charge found in the boy’s favour. Leeds City Council appealed the decision but on the 4 June 2018 at the High Court, Mr Justice Turner upheld the decision.
The Judge said the interior of the game was so dark that it would take children a minute or so before their eyes became accustomed to the gloom, and that the council had issued no warning about the ‘tripping points’ or made them more visible by attaching fluorescent strips. Despite a health and safety script was read to children before using the game, it contained no information about the tripping points.
The amount of the claimant’s damages payment has yet to be assessed.
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Monday, 25 June 2018
GUIDANCE ON HOW TO USE THE MONEY CLAIM ONLINE
Interesting news! The government has made further updates to its guidance on how to use the Money Claim Online (MCOL) website, which sets out how an individual can take someone to court if they are owed money by another party.
Sunday, 24 June 2018
CAN A PERSON DOMICILED IN AN EU MEMBER STATE BE A LITIGANT IN PERSON IN THE ENGLISH COURTS?
Do you think that a person domiciled in an EU Member State could be a litigant in person in the English Courts?
YES. There is nothing to state that a claimant outside the jurisdiction would not be able to be a litigant in person in the English Courts. However, if the claimant were to receive legal advice from a foreign lawyer in proceedings in the English Courts, the costs of such legal advice will not be recoverable.
With legal aid virtually unavailable and solicitors charging around £200 an hour, more and more people are acting for themselves when they need to bring Court proceedings or deal with legal matters.
At Affordable Law for You we work online to provide assistance to Litigant in Person in preparing, issuing and serving legal documents in civil litigation matters and providing you with information on how you can recover some of your costs as a Litigant in Person.
Contact us if you need legal help.
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Saturday, 23 June 2018
SHOULD AIRSPACE ABOVE THE BUILDINGS BE INCLUDED IN THE LEASE?
Landlords! Do you think that the airspace above the buildings should be included in a lease?
The answer may be obvious. However, modern building technologies are allowing more creative uses of the airspace above the roofs of buildings. In densely populated urban areas, the right to build on airspace and the right of access to airspace can therefore be very valuable. When advising a landlord who wants to retain the airspace of a building, the exclusion of the airspace from the demise should be spelled out in the lease in the definition of the demised premises.
In a very recent Court case a claimant sought an order from the High Court to register the airspace. The claimant was granted a lease of the airspace above the buildings in 2015. The defendant was the current lessee of a 120-year lease of the buildings which had been granted in 1970. When the claimant tried to register the airspace lease at HM Land Registry, the defendant insisted that the airspace lease should only be registered subject to its 1970 lease on the grounds that the 1970 lease demised the airspace.
The claimant relied on an isolated clause in the 1970 lease which defined the demised premises by reference to the individual internal parts of the buildings (eg ‘ground floor shop ‘and ‘residential flats’) and not by reference to the buildings as a whole, arguing that this therefore excluded the roof and airspace from the demise.
What do you think was the Court’s decision?
The Judge agreed with the defendant that the 1970 lease did include a demise of the airspace for a number of reasons, including the fact that if the demised premises did include the entirety of the buildings (including the roof) then it followed that they would include so much of the airspace as was required for the ordinary use and enjoyment of the land and buildings.
Baring in mind that there was no market in building on top of existing structures in 1970 this case may be “opening a can of worms”. So, watch this space... the potential profits involved in being able to develop on top of buildings with old leases will mean that this is not the last such case to come before the courts.
For more information on the case go to [2018] EWHC 64 (Ch)
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Monday, 11 June 2018
Friday, 8 June 2018
WORLD CUP FOOTBAL!
World Cup Football starts on the 14th of June! Employers, do you know what to do when there is a large sporting event, such as the football World Cup or Wimbledon tennis tournament, which employees might want to follow during their normal working hours? What flexibility, if any, might an employer want to offer to employees?
Employers can consider one or more of the following options:
- allowing flexible working arrangements
- relaxing rules on radios and internet access
- providing communal facilities to televise the sporting events during designated breaks or after working hours
What, if anything, might employers want to consider in respect of restricting or monitoring the time employees spend on the internet, eg streaming or keeping up to date with results?
Employers will need to carefully consider how they wish to approach major sporting events and whether they intend to restrict or monitor the time employees spend watching or streaming them. This is why it could be beneficial to produce a specific sporting events policy to complement any internet usage or monitoring policy already in place. However, the employer should also consider the impact of the General Data Protection Regulation (EU) 2016/679, the Data Protection Act 2018 and the Human Rights Act 1998 when implementing a policy. Before any monitoring is undertaken, it is essential to undertake an impact assessment. Some helpful guidance on monitoring employees is set out in the ICO employment practices code (based on the now repealed Data Protection Act 1998).
Should employers issue specific policies or statements in advance of such events? If so, what should they include?
To manage any issues which could arise during major sporting events, implementing a company-wide policy or statement is advisable. Having a policy in place will help inform staff of any exceptions to usual working practices, give clarity on what is permissible and define the parameters for disciplinary action should an employee fail to comply. Furthermore, the advantage of creating such a policy is that, once created, it can be re-used for each large sporting event.
Just remember that such policy has to be communicated to all employees and they should all be provided with a copy in advance of the major sporting event. Where applicable, employers should also post the policies on their intranet.
Finally, if an employer does create a policy or release a statement ahead of any major sporting event they should ensure that it is followed, applied and enforced consistently.
GO ENGLAND!!!
UPDATES ON NORTHERN IRELAND ABORTION ISSUES
Here are some updates in case you haven't been following the arguments on abortion in Northern Ireland.
LEGAL AID SHOULD BE AVAILABLE TO ALL!
We totally agree that Legal Aid should be available to all!
JUDGES GET TOUGHER TO THOSE WHO BREACH COURT ORDERS!
Watch out for these new guidelines for those who breach Court orders!
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Thursday, 7 June 2018
SELF ASSESSMENT TAX
To all of you that do you own self assessment tax! DO NOT rely on exchange/return emails when concerning proposed settlement between you and the tax man because there has been a new case ( Kyte v HMRC) where the High Court has found that exchange of emails do not form a binding contract.
For more information go to 2018] EWHC 1146 (Ch)
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Wednesday, 6 June 2018
SERVICE CHARGES
Do you pay “Service Charges”? Do you think they are excessive? Well, why not check out the Service Charge Residential Management Code and see if the code has been complied with? You might be able to take your freeholder to tribunal! If you need help, give us a ring!
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Tuesday, 5 June 2018
GROUNDLESS THREATS OF LEGAL
Landlords and Tenants! Do you know that there has been a decision in a new case involving threats of legal action by a Landlord? A Court has ruled that groundless threats of legal action by a landlord constitutes harassment of tenants. Nearly Legal have reported in this and here is the link
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Monday, 4 June 2018
SMALL CLAIMS COURT LIMIT
We are furious! The Government plans to increase the Small Claims Court Limit to £5,000 on Personal Injury claims which means many claimants are unlikely to have legal representation as there is a real risk that the legal costs will not be recoverable. Even the Ministry of Justice does not agree with the Government’s proposals to do so. Let’s hope the Government will listen to the Ministry of Justice.
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Friday, 1 June 2018
COMPANY CAR
How many of you have a company car? Taking effect from 1st June new fuel rates have been advised by the Government, so don’t forget to claim your fuel expenses at the new rate.
For further information on the new advisory rates go to
https://www.gov.uk/government/publications/advisory-fuel-rates/advisory-fuel-rates-from-1-march-2016
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DRESS CODE
Did you know that the Government has set up new guidelines for employment “dress code” A certain dress code could be unlawful. Check your rights on
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