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  • Article

    Signing a Mortgage Offer May Waive Your Legal Professional Privilege

    A decision in the high court last week in the matter of Mortgage Express vs Sawali means that anyone signing a mortgage form or offer may have signed away their rights to legal professional privilege - the privilege whereby a solicitor is able to withhold disclosure of certain documents relevant to a dispute - with regards to their mortgage transaction even if the mortgage offer was signed before the solicitor was instructed.
    United KingdomReal Estate and Construction
    Bircham Dyson Bell LLP
    Bircham Dyson Bell LLP
  • Article

    Tenancy Deposit Schemes - A Reminder To Landlords

    Helen Matthews, Consultant at Bircham Dyson Bell LLP, explains the changes to the rules regarding tenancy deposit schemes ("TDSs") which took effect on 6 April 2012
    United KingdomReal Estate and Construction
    Bircham Dyson Bell LLP
    Bircham Dyson Bell LLP
  • Article

    Challenge Against Infrastructure Planning Commission By Innovia Tackles Issue Of 'Dwellings'

    A request for a judicial review of a decision relating to the proposed new nuclear power station at Hinkley Point in Somerset by cellophane company Innovia is a practically pointless exercise, but will be a useful test case for the definition of ‘dwellings' says infrastructure planning lawyer Angus Walker of Bircham Dyson Bell. Innovia are challenging the decision of the Infrastructure Planning Commission to grant access to its (Innovia's) land by EDF Energy to survey it, in advance of EDF Energ
    United KingdomGovernment, Public Sector
    Bircham Dyson Bell LLP
    Bircham Dyson Bell LLP
  • Article

    Senior Commercial Lawyer Believes Criticism of Private Finance Contracts for the NHS is Misplaced

    Senior commercial lawyer Nick Maltby, Head of Major Projects (Commercial) at Bircham Dyson Bell believes that criticism of the Private Finance Contracts (PFI's) signed up to under the last government to fund the building of public sector buildings such as hospitals, is misplaced.
    United KingdomGovernment, Public Sector
    Bircham Dyson Bell LLP
    Bircham Dyson Bell LLP
  • Article

    Senior Commercial Lawyer Believes Criticism Of Private Finance Contracts For The NHS Is Misplaced

    Senior commercial lawyer Nick Maltby, Head of Major Projects (Commercial) at Bircham Dyson Bell believes that criticism of the Private Finance Contracts (PFI's) signed up to under the last government to fund the building of public sector buildings such as hospitals, is misplaced.
    United KingdomGovernment, Public Sector
    Bircham Dyson Bell LLP
    Bircham Dyson Bell LLP
  • Article

    Challenge Against Infrastructure Planning Commission By Innovia Tackles Issue Of ‘Dwellings’

    A request for a judicial review of a decision relating to the proposed new nuclear power station at Hinkley Point in Somerset by cellophane company Innovia is a practically pointless exercise, but will be a useful test case for the definition of ‘dwellings'.
    United KingdomReal Estate and Construction
    Bircham Dyson Bell LLP
    Bircham Dyson Bell LLP
  • Article

    Lawyer Believes Request From Property Managers Association On Behalf Of Twenty Major Retailers For Monthly Rent Payments May Fail

    Sushila Pindoria, senior associate at Bircham Dyson Bell LLP believes that the letter being coordinated by the Property Managers Association, which represents large high street retailers including Schuh, Comet, Boots Opticians and New Look to request monthly rental payments from their landlords, is likely to fail.
    United KingdomReal Estate and Construction
    Bircham Dyson Bell LLP
    Bircham Dyson Bell LLP
  • Article

    Decisions About Major Power Projects In Wales Will Effectively Be Made In Wales Says Planning Lawyer

    Decisions about major power projects in Wales will effectively be made in Wales just as much as they are in Whitehall thanks to existing planning laws says leading planning lawyer Nick Evans of Bircham Dyson Bell LLP.
    United KingdomEnergy and Natural Resources
    Bircham Dyson Bell LLP
    Bircham Dyson Bell LLP
  • Article

    Local Authorities Must Take Proper Advice To Avoid Pitfalls Before Renting Empty Premises To Small Businesses Says Lawyer

    Alexandra Townsend-Wheeler, commercial property paralegal at Bircham Dyson Bell LLP is warning local authorities to seek advice prior to renting empty office space to small businesses in line with David Cameron's announcement.
    United KingdomReal Estate and Construction
    Bircham Dyson Bell LLP
    Bircham Dyson Bell LLP
  • Article

    Planning Lawyer Believes The Government May Have Over-Estimated Neighbourhood Plans

    Angus Walker, partner and planning lawyer at Bircham Dyson Bell LLP believes that the Government may have over estimated the number and impact of neighbourhood plans, further to the latest part of the Localism Act coming into force last week, giving local communities planning powers.
    United KingdomStrategy
    Bircham Dyson Bell LLP
    Bircham Dyson Bell LLP
  • Article

    Green Investment Bank Requires Strict Timelines To Succeed Says Laywer

    The announcement that the Green Investment Bank (GIB) will go ahead, operate independently and be permanent, will provide confidence for those relying on its success, but timelines need to be better set out for it to succeed believes Nick Evans, partner at Bircham Dyson Bell.
    United KingdomFinance and Banking
    Bircham Dyson Bell LLP
    Bircham Dyson Bell LLP
  • Article

    Conflicting EAT Decisions On Post-Employment Victimisation

    Two recent EAT decisions have reached opposite conclusions on whether the Equality Act 2010 covers victimisation after an employee has left employment.
    United KingdomEmployment and HR
    Bircham Dyson Bell LLP
    Bircham Dyson Bell LLP
  • Article

    Employer Could Not Be Expected To Trade Whilst Insolvent To Allow For Consultation

    Failure to comply with the obligation to inform and consult employee representatives about collective redundancies can lead to a protective award of up to 90 days’ pay per employee being awarded.
    United KingdomEmployment and HR
    Bircham Dyson Bell LLP
    Bircham Dyson Bell LLP
  • Article

    Employment Appeal Tribunal Rules That A Week's Pay Should Include Employer Pension Contributions Under The Employment Rights Act

    In University of Sunderland v Drossou, the Employment Appeal Tribunal (EAT) held that the long-standing practice of excluding employer pension contributions ...
    United KingdomEmployment and HR
    Bircham Dyson Bell LLP
    Bircham Dyson Bell LLP
  • Article

    Pay In Lıeu Of Statutory Holıday Same As Normal Pay

    The Working Time Regulations 1998 state that employees must be paid in lieu of accrued but untaken statutory holiday on termination of their employment.
    United KingdomEmployment and HR
    Bircham Dyson Bell LLP
    Bircham Dyson Bell LLP
  • Article

    Update On Romanian, Bulgarian And Croatian Nationals

    As promised in my last post, below is a very brief précis of how things will stand for employers or prospective employers of Romanian, Bulgarian and/or Croatian nationals as of 1 January 2014.
    United KingdomEmployment and HR
    Bircham Dyson Bell LLP
    Bircham Dyson Bell LLP
  • Article

    A Level Playing Field? Changes To Pensions Costs On NHS Outsourcing

    The NHS Pensions Agency has recently confirmed that NHS staff who are outsourced to private sector organisations will be able to continue with their existing NHS pension entitlements.
    United KingdomFood, Drugs, Healthcare, Life Sciences
    Bircham Dyson Bell LLP
    Bircham Dyson Bell LLP
  • Article

    Lawyers Urge Home Owners To Protect Their Property From Fraud, But To Make Sure Their Affairs Are In Order First

    Jennifer Chappell and Jason Richardson, associates at Bircham Dyson Bell LLP, are warning second home owners to make sure their mortgage lenders know they do not live at an address before filling out a Land Registry Form LL Restriction to prevent others from attempting to raise funds fraudulently against the property.
    United KingdomReal Estate and Construction
    Bircham Dyson Bell LLP
    Bircham Dyson Bell LLP
  • Article

    Court Confirms That LLP Members Are Not Workers

    In Clyde & Co and another v Bates van Winkelhof, the Court of Appeal has allowed an appeal against the EAT's decision that a former equity partner of a limited liability partnership (LLP) was a worker and therefore eligible to bring a whistleblowing claim.
    United KingdomLitigation, Mediation & Arbitration
    Bircham Dyson Bell LLP
    Bircham Dyson Bell LLP
  • Article

    Penalties Applied For Non Compliance With CRC Energy Efficiency Scheme Demonstrates "Seriousness" Says Lawyer

    Recent penalties totalling £99,000 levied for non-compliance with the CRC Energy Efficiency Scheme serve to demonstrate and remind companies of the seriousness with which failure to comply will be taken believes Jennifer Chappell, senior associate at Bircham Dyson Bell LLP
    United KingdomEnergy and Natural Resources
    Bircham Dyson Bell LLP
    Bircham Dyson Bell LLP

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