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Part 36 offer – late acceptanceA Part 36 offer remains open until it is expressly withdrawn. But, what happens if the Part 36 offer is expressly rejected? As a matter of contract law, if an offer is made and ... |
Garden leave – no clauseThe CA has upheld an injunction holding employees to their contractual notice period, but preventing them from working. Although there was no garden leave provision in the contract, the court allowed the employer to ... |
Short-term lets – issuesL might be tempted to generate some cash by allowing an empty property to be occupied on a short-term let. One complication to think about is dilapidations. If L is still pursuing a dilapidations ... |
Sentencing – young offendersPractitioners should note major changes to the sentencing of young offenders under the Criminal Justice and Immigration Act (CJIA) 2008. Referral orders are now mandatory if the offence is imprisonable and a first-time offender pleads ... |
Agreement – subject to contractThe High Court has recently held that settlement negotiations which were ‘subject to contract’ and ‘without prejudice’ could be binding. ... |
New build – delay by developerWith new build developments, it has long been common for developers to use sale contracts that provide for completion to be fixed by reference to the date of service of a notice by the ... |
Property – assents; rights of beneficiariesIt was appropriate to adopt a single transaction approach to a will and to assents of property distributed under that will, to ascertain the rights of the beneficiaries over a right of way granted ... |
Discipline – sick payWhat should an employer do if he feels that an employee is taking advantage of sick pay provisions (eg to avoid disciplinary proceedings)? ... |
Evidence – identification of perpetratorsIt was settled law that the test for identifying perpetrators of harming children was the balance of probabilities. But the evidence should establish whether there was a real possibility that a particular person was ... |
Enfranchisement – businessWhen the right to enfranchise (to buy the freehold) was introduced by LRA 1967, there was a requirement that T had occupied the premises as a ‘residence’ for at least five years. That five-year ... |
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