Skip to main content

New CNG Form For Land Registry

Posted by on October 4th 2017 in Blog Posts, Property

New CNG Form For Land Registry

The Land Registry has introduced a form (form CNG) to enable the registered proprietor of a property to update their name on the register following a change of gender. There is no cost for making the application however the form must be accompanied by some form of evidence – a gender recognition certificate, new birth certificate or a UK medical practitioner’s letter. If the proprietors chosen evidence is the practitioner’s letter then it must confirm that they have lived in their new gender for two years and are now known as the name specified on the form.   There are procedural...

No Duty To Point Out Other Sides Mistake

Posted by on October 4th 2017 in Blog Posts

No Duty To Point Out Other Sides Mistake

In Higgins & Ors v ERC Accountants & Business Advisers Ltd the Claimant had failed to validly serve a claim form with their claim. 

The Claimant’s solicitors argued that the defendants were taking advantage of the mistake that had been made.

Judge Pelling QC held that the mistake of not serving the claim form was not a trivial and described it as the most basic step in ligation.  Judge Pelling rejected the argument that the defendant solicitors should have pointed out the mistake and were under no duty to correct the error.  In his view, had they pointed out the error they...

Barbulescu v Romania: Case Update - Can Employers Monitor Employees Emails?

Posted by on October 2nd 2017 in Employment

Barbulescu v Romania: Case Update - Can Employers Monitor Employees Emails?

Can Employers Monitor Employees Emails?

In the case of Barbulescu v Romania the Romanian Court ruled that an employer had acted lawfully when it monitored an employee’s Yahoo Account. The account in question was a Yahoo Messenger account, which the employee was encouraged to use to speak to customers. The employer found, however, that the account was also being used for personal purposes – namely messaging his brother and partner. Mr Barbulescu was subsequently dismissed from his role.  The Court upheld the decision of the employer to dismiss him,...

The Launch of the New Business and Property Court of England & Wales

Posted by on September 29th 2017 in Employment

The Launch of the New Business and Property Court of England & Wales

The Business and Property Courts of England & Wales will be launched on 02 October 2017. The new court will comprise the following:

  • Commercial Court
  • Technology and Construction Court
  • Courts of the Chancery Division
  • Insolvency and Companies Court
  • Admiralty Court
  • Business list
  • Financial list
  • Competition list
  • Intellectual Property List
  • Property Trust and Probate List; and
  • Revenue List.

In addition to London there will be 5 main regional centres comprising of Manchester, Birmingham, Bristol, Leeds and Cardiff. Users will be asked to identify which centre they wish to issue proceedings in.   This will enhance the connection between London and the regions with the mantra that...

What Can You Do If Your Flight Is Cancelled By Ryanair?

Posted by on September 28th 2017 in Blog Posts

What Can You Do If Your Flight Is Cancelled By Ryanair?

Ryanair has recently announced that hundreds of flights are being cancelled between mid-September and October leaving as many as 400,000 passengers without flights, due to issue with the lack of planning of pilot holidays.

What can you do if your flight is cancelled?

You can apply for a refund

You are able to apply for a refund if your journey is disrupted by a cancellation even if it is only the outbound trip that is affected.

You can choose an alternative flight

Ryanair has stated that that in most cases it will offer an alternative flight either earlier or late than...

Flexible Working Hours

Posted by on September 28th 2017 in Blog Posts, Employment

Flexible Working Hours

A survey of 1000 parents has suggested that those who request flexible working to enable them to look after their children are punished for doing so by being given fewer hours, worse shifts and in some cases have lost their jobs.  

The survey focused on mums and dads in “low paid” jobs particularly in the retail, hospitality and social care sectors and identified that part of the problem is that many employees are unaware of their rights to flexible working.

Every employee who has been employed for 26 weeks has the statutory right to apply for flexible working – as long...

Mental Health in the Workplace: Fit notes

Posted by on September 27th 2017 in Employment

Mental Health in the Workplace: Fit notes

In the UK, employees are entitled to statutory sick pay of up to 28 weeks. Whilst nothing is required to be produced by the employee for sickness leave of seven days or less, an employee who is absent for longer must provide a “fit note” (previously known as a doctor’s note or sick note). A fit note is a record of advice from the employee’s doctor to their employer. It is not legally binding but acts as confirmation of the sickness, as well as providing the employer with some details as to an expected return date, and what the employer...

£1,000,000 Paid to Employees after Adminstration

Posted by on September 25th 2017 in Employment

£1,000,000 Paid to Employees after Adminstration

A recent Employment Tribunal has ordered the payment of approximately £1,000,000 to nearly 300 former staff of the European Division law firm who’s employment was terminated when it went into administration. The Tribunal held that the firm had failed to carry out a proper redundancy consultation with the staff. It is essential that when over 100 redundancies are proposed, or considered a possibility, a formal consultation process is entered into. When over 100 staff are effected, the employer must carry out as a minimum, a formal 45 day consultation process before making staff redundant. The law firm had started the...

Teignbridge Sports and Community Awards 2017

Posted by on September 19th 2017 in Kitsons News, Press Releases

Nominations are being sought from the community for Teignbridge District Council’s glittering Sports and Community Awards.

With 13 categories to choose from, including team and individual prizes, the deadline for nominations is midnight Friday 22 September. Those short-listed will then be invited to this year’s Sports Personality Awards, sponsored by Kitsons Solicitors, held on Friday 1 December at the Langstone Cliff Hotel, Dawlish Warren.

The Grey Area Explained; Banks and the Intermediate Duty

Posted by on September 7th 2017 in Blog Posts, Litigation

The Grey Area Explained; Banks and the Intermediate Duty

The case of Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465 (‘Hedley Byrne’) sets out the primary duty on financial institutions to take reasonable care not to misstate any facts on which the customer might be expected to rely. However recent case law suggests that banks have a greater duty than just a duty to take reasonable steps not to mislead.

In Crestsign Ltd v National Westminster Bank [2014] EWHC 3043 (Ch) (‘Crestsign’), the Judge, Timothy Kerr QC, accepted that when giving information about the financial product, the bank owed a duty to fully explain and...

Categories

Authors

Archive