Latest Posts
Occupational Health reports can be used in a number of cases, for example, if an employee is off sick, has taken frequent short term absences, or in the recruitment process if necessary. Absences can be disruptive to your business and Occupational Health can...
A recent Tribunal decision has considered whether derelict residential properties are liable to the 3% surcharged rates for Stamp Duty Land Tax (SDLT). Joe Taylor, Commercial Property Solicitor in our Portsmouth team, considers the outcome of the case and...
Mr Flemming was employed by East of England Ambulance Services NHS Trust from April 2009 to November 2015. He suffered from a mixed anxiety and depression disorder which classed him as disabled under the Equality Act 2010, however Mr Flemming was confident...
If you are dismissed without notice you may wish to extend your length of service to enable you to bring a claim against your employer. Our Employment team explain here whether this is possible and when you may be entitled to extend your length of...
The High Court has recently announced their decision in a pinnacle case regarding whether Brexit could frustrate a commercial property lease. Molly Siggs, Commercial Property Solicitor in our Portsmouth office, reviews the outcome of the case. ...
Our Residential Conveyancing team have previously discussed how to spot Japanese Knotweed on your property, but could you have legal grounds to make a claim if your neighbour’s land has Japanese Knotweed that is encroaching upon your land? ...
Warner Goodman LLP and Portsmouth Down Syndrome Association are delighted to announce they will be continuing with their partnership for a consecutive sixth year. Claire Battye, Commercial Property Partner in Portsmouth, explains why the firm has...
Mr Plaistow was a prison officer who was transferred to Her Majesty’s Prison Woodhill in September 2014. He was later suspended in January 2016 and dismissed from his role for gross misconduct in August 2016. ...
It is necessary for some roles for an employer to have a full picture of the employee’s criminal background, but this is not true for all professions; you will need to decide if a voluntary disclosure is sufficient for the role, or if an official...
On 20 March 2019 the Homes (Fitness for Human Habitation) Act 2018 (the Act) will come into force in England. The Act will give tenants the right to take court action for breach of contract if a property is not fit for human habitation at the start of and...
For one Trainee Solicitor, 1 st March will forever be remembered as an important milestone in their career, as Joe Taylor takes the next step and qualifies as a Solicitor. Joe joined the Warner Goodman Commercial Property team based in Portsmouth in 2015...
In 2016, Middlesborough Football Club deducted the cost of season tickets from employees' wages over a period of several weeks. HMRC stated that such deductions amounted to the club's employees being paid less than the NMW, breaching the National...
2019 will be a year of change for employers and it is vital that companies are prepared in order to avoid potential tribunal claims against them. Chris Greep, Employment Solicitor, reviews the key updates we can expect to see in the next 12 months. ...
As this is my last edition as editor of the Commercial Brief I thought it would be appropriate to become slightly philosophical on a legal subject that is very close to my heart—commercial contracts. I have, over the years, seen and indeed drafted,...
Landlords will be familiar with the protection afforded to business tenants when it comes to lease renewal under the Landlord and Tenant Act 1954. At the end of WWII, commercial property was at a premium. Business tenants found that when they...
An option available to a tenant under a commercial lease is the ability to assign (or transfer) the lease to a third party. This will usually require the landlord’s consent. One of the conditions of a landlord giving their consent will inevitably be...
The Trade Marks Regulation 2018 (SI 2018/825), implementing the Trade Marks Directive (EU) 2015/2436 and amending the Trade Marks Act and the Trade Mark Rules 2008 came into force on 14 January 2019. We list below some of the most important changes: Marks...
In the case of Christian Fülla v Toolport GmbH (Case C-52/18) EU:C:2019:22 (15 January 2019) Advocate General Wahl has issued an opinion concerning the return of defective goods for repair, under the Sales and Guarantees Directive (1999/44/EC )...
Guidance has been issued by the Department for Business, Energy and Industrial Strategy (BEIS) concerning the use of personal data after Brexit. The BEIS guidance explains how Brexit will affect UK businesses both in the event of a deal and if there is no...
In the case of Wells (Respondent) v Devani (Appellant) [2019] UKSC 4 (13 February 2019) ), the Supreme Court unanimously found that an estate agency agreement with the seller was complete and enforceable despite not expressly stating the trigger events when...
Magnacrest Ltd, a housing developer, pleaded guilty at the Westminster Magistrates' Court to a charge brought under section 47(1) of the Data Protection Act 1998 for failing to comply with an enforcement notice issued by the Information...
Companies House has published guidance concerning changes to the registration of companies in the event of the UK leaving the EU without a deal. The guidance includes information concerning: European entities formed under EU law (i.e. Societas Europaea...
Going through a capability procedure (often referred to as a poor performance procedure) can be stressful for employees, so they may be entitled to support via a companion during a meeting to enable them to convey their point of view. Our Employment Team...
New pay slip requirements are set to come into force requiring itemised calculations for variable rates of pay and hours worked. This requirement will also be extended to include workers, not just employees. Gina McCadden, Employment Solicitor,...
Japanese knotweed has become well known in the UK as a nuisance plant, which can lead to structural damage due to its aggressive nature and ability to grow through materials such as concrete and tarmac. Genni Cooper, Solicitor in our Fareham...
The landscape of Stamp Duty Land Tax (SDLT) has changed significantly over recent years, mainly for first time buyers. That landscape is set to change once more on 1 st March as the deadline for submitting SDLT returns will reduce. Jenny Colvin,...
In 2006, Ms Varnish was selected for British Cycling’s World Class Programme, where she progressed to the Olympic Academy Programme and subsequently to the Olympic Podium Programme – competing among elite world-class cyclists. Between 2006 and...
Conducting disciplinary or grievance proceedings are a part of any HR or managerial role and it is vital that these are carried out fairly to avoid any potential Tribunal claims against you. If witness statements are required from the employee’s...
Controversial fees that were proposed and scrapped in a matter of weeks last year will now be introduced in April this year following parliamentary approval earlier this month. Probate applications are expected to rise between now and then in order to...
When purchasing a property, it can be confusing to know whether a survey is needed, what type of survey is best and who is responsible for organising this. Genni Cooper, Solicitor in our Fareham Residential Conveyancing team, explains the key...
Employment law is constantly evolving, so it can be hard to keep track of the latest updates. To help guide you, we’ve devised a list of the top Employment Tribunal cases you should look out for in 2019 and how any of the decisions that are made could...
Equity release as a concept is not new, but equity release products are growing in popularity. The number of products on the market has doubled in the two years to August 2018, and lending through such schemes grew for the seventh consecutive year in...
In 2017 Unison brought a claim against Glasgow City Council on behalf of around 6,000 female workers at Glasgow City Council who were affected by a pay protection scheme set up over a decade ago following a job evaluation scheme. The Council carried out a...
An employee leaving an organisation is a normal part of business, but as employers you should be prepared to deal with an employee who wishes to retract their notice to terminate their contract of employment. It is a common misconception that an...
Hastings, a man of African-Caribbean descent, worked as an IT manager at King’s College Hospital NHS Trust (the Trust)from December 1996. In October 2015, Mr Hastings was dismissed following an incident of racial abuse in the hospital’s car park....
Holding Summer or Christmas parties is a part of most businesses; the opportunity to thank your staff for their hard work during the year, and bringing them together outside of the work environment. What do you do though if someone has too much fun,...
The Solent area law firm Warner Goodman LLP has welcomed in 2019 by unveiling their new, vibrant and modern image. Ed Voller, Managing Partner, explains the journey the firm has been on and why now is time for a change. “As a firm, whilst...
Jordi Casamitjana worked for League Against Cruel Sports (LACS) as a zoologist, specialising in animal behaviour. LACS states that it’s one of the most vegan-friendly employers. When it came to Mr Casamitjana’s attention that pension funds were...
There are two ways that you can ask for flexible working: A statutory request (a request made in writing which can only be made once in any 12-month period). A non-statutory request (a request made if you’re not eligible to make a statutory request,...
New statistics released from the First Time Buyers 2018 report, produced by Yorkshire Building Society, have highlighted a significant increase in the level of First Time Buyers (FTBs). Genni Cooper, Residential Conveyancing Solicitor, here reviews the...
Miss Phillips was employed by Pontcanna at the Cameo Club, from September 2015 to May 2018. On 1 January 2018, at the annual staff Christmas party, Miss Phillips and Mr Webb, a chef at Pontcanna, were involved in an incident which was recorded by CCTV. The...
An interesting and pinnacle case is about to go to court as to whether Brexit can frustrate a lease – bringing it to an end and releasing the parties from their obligations. Molly Siggs, Commercial Property Solicitor, explains the facts of the case,...
We understand that being a landlord is a big responsibility and we’re here to help you understand your legal obligations to make your role as easy as possible. 1. Make sure you’re providing the correct documents at the start of every...
A recent Court decision has highlighted the importance of keeping your Will up to date, and has also provided some clarity in relation to illegitimate minor children contesting a Will. Kevin Horn, Private Client Partner, here reviews the case and...
The outcome in a recent case brings with it an important reminder, particularly to those in the farming industry, that succession planning and clear conversations with your family can prevent claims against the estate in the future. Kevin Horn, Private...
Following the successful launch of our Chandler’s Ford office in February this year, we are delighted to announce that we are now able to offer appointments for those looking for advice from our Private Client team. Sue Nicholson, Associate...
A decision has been reached in the case of Sargeant v Sargeant which has clarified the position for those wishing to apply for further financial provision when a claim of this nature is out of time. Kevin Horn, Private Client Partner, here...
A recent decision heard at the England and Wales Court of Appeal has highlighted the important role witnesses play in the validity of a Will. Kevin Horn, Private Client Partner, here reviews the case and advises on the best practice when writing a...
Each year, we support road safety charity Brake’s Road Safety Week campaign, and this year is no different. Symron Bhakar, Personal Injury Claims Handler, discusses why their theme this year of being Bike Smart is such an important one and how we...
Our Commercial division have expanded their expertise in their support for businesses with the introduction of two new Solicitors; Molly Siggs and Naushad Rahman.
