Issue: July/August 2021

Sentencing – child sex offences

July/August 2021 | Crime

A’s offending was so serious that taking half rather than two-thirds of the notional determinate sentence resulted in an unduly lenient sentence. A was convicted of 40 child sex offences involving 23 victims and for which he was sentenced to life. The AG appealed and, as Dame Victoria Sharp P noted, this was the third …

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Cladding crisis – urgency

July/August 2021 | Land

A timely article considers what practical steps leaseholders and building owners should take if fire safety defects are identified in a residential high-rise building, which include: Leaseholders should act together and/or with their landlord or building owners to safeguard their position as quickly as possible Leaseholders should enter into a form of participation agreement, or …

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Email marketing – breach

July/August 2021 | Commercial

We are unlikely to be reporting on the Privacy and Electronic Communications Regulations (the Regulations) and pizza in the same article very often. The Regulations sit alongside the Data Protection Act and the UK GDPR and they contain specific rules on, among other things, marketing calls, emails, texts and faxes. The Information Commissioners Office (ICO) …

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Childcare – ETs must take account

July/August 2021 | Employment

The claimant worked five days a week as a community nurse. Her employer wished to introduce more flexible working, including a requirement that community nurses worked at weekends. The claimant was unable to comply due to her caring responsibilities for her three children, two of whom are disabled. She was dismissed. She brought claims for …

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Eviction ban – extended

July/August 2021 | Landlord and tenant – commercial

We seem to report most months on an extension of the ban on evictions for commercial tenants. The government has announced that businesses that have had to remain closed during the pandemic and are unable to pay rent on their commercial property will continue to be protected from eviction. The government expects this to assist …

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AML – SRA enforcement

July/August 2021 | Conduct, practice and risk management

We reported in our February 2021 edition (p3) on the long-awaited LSAG guidance on the 2017 Money Laundering Regulations. Practitioners should note that the SRA has recently published details of fines that it has issued against firms for failure to comply with AML responsibilities. Firms which fall within the ambit of the 2017 Regulations must …

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Offensive word – not unfair dismissal

July/August 2021 | Employment

The claimant worked for the London Borough of Redbridge from 1988 until his dismissal without notice in July 2020. The basis of the claim was that his dismissal was unfair within s98 ERA 1996 which the respondent contested. Its case was that the claimant was fairly dismissed for misconduct for saying the ‘N word’ during …

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Right to rent – temporary changes extended

July/August 2021 | Landlord and tenant – residential

We reported in our June 2021 edition (p27) on the right to rent checks. Before L can rent out a residential property in England, they must check that the T or lodger has the ‘right to rent’. The basic procedure is that L must: check which adults will be the ‘tenant’; ask them for original …

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CMA – some movement on ground rents

July/August 2021 | Conveyancing

Conveyancers will no doubt have noted the CMA’s report that following its investigation into the ‘ground rent scandal’, two companies are voluntarily taking action. The CMA reports that: ‘Aviva has committed to remove certain terms from its leasehold contracts which cause ground rents to double, and Persimmon will now offer leasehold house owners the opportunity …

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Flexible working – practical issues

July/August 2021 | Employment

An interesting article considers a topic high on the agenda for many employers, that of balancing flexible working with a return to the office. The basic position is that employees do not have a legal right to work remotely unless: a workplace policy or the contract of employment provides for this; it is legally required …

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