News Archive
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LANGLEYS LEADS THE WAY AT SAFETY AWARDS
Langleys is celebrating this week having received a coveted industry award at the 2010 Fleet World Honours Awards ceremony. The firm picked up the Fleet Safety Award for Small Fleets at the event, held at London’s Royal Automobile Club on Tuesday 18 May.
EAST MIDLANDS: DEALING WITH PERENNIALS
Largely unaffected by the recession, the agricultural sector in the East Midlands is thriving - but farmers and those advising them must now develop plans for the future to ensure continuing success.
LANGLEYS ‘TAKES THE WHEEL’ AS CHAMPION OF DRIVING FOR BETTER BUSINESS
Langleys has been appointed a ‘Driving for Better Business’ Champion by leading forum RoadSafe. Jeremy Scott, partner at the firm will lead the initiative and has committed to promoting work-related road safety to businesses. Part of his role will be to endorse the key messages of the campaign at road safety briefings across the Yorkshire region.
LANGLEYS ADVISES LINCOLN UNIVERSITY ON LAND ACQUISITION
Langleys has advised the University of Lincoln on the acquisition of a substantial piece of land alongside the Brayford Pool. The University has pledged to develop the site sympathetically in the future and will maintain the on site boat moorings.
LANGLEYS ADVISES ON BROOK STREET SALE
Yorkshire - based Law Firm Langleys advised on the sale of 31-33 Brook Street, Ilkley for Wetherby-based Oakgate Group Plc achieving a yield of 5.8%. The site is currently occupied by tenant Restaurant Bar & Grill Limited, trading as Italian restaurant Piccolino.
ANOTHER PARTNER AT LANGLEYS ACHIEVES NOTARY STATUS
Peter Horner, Partner at Lincoln-based Langleys, has qualified as a Notary Public - the oldest branch of the legal profession. Notaries have a role quite distinct to that of a solicitor or barrister, and are a separate, independent, legal profession, under the authority of the Archbishop of Canterbury (a role he has had since Henry VIII’s break with Rome in 1533. Prior to that, notaries were appointed by the Pope, but the work is not to do with church matters)
DON'T TAKE YOUR CAR FOR A DRINK!
Christmas is a time of parties and social engagements. It’s also a time which could have serious implications for drivers, as Police across Yorkshire and Lincolnshire launch their annual crackdown on drink driving. The start of the festive season will see officers taking part in random or targeted roadside stop-checks which will last until the end of the New Year celebrations.
LORD JAILED FOR TEXTING WHILST DRIVING
In February 2009, Lord Ahmed was imprisoned for 12 weeks and disqualified from driving for 12 months for sending and receiving five text messages while driving in the dark on a motorway.
BEEN CAUGHT SPEEDING
Thousands of drivers are wrongly fined for speeding each year because of errors with speed camera evidence.
HOME REPOSSESSIONS BY A LANDLORD'S LENDER
For several months it has been difficult to pick up a newspaper or turn on the television without learning of another casualty of the recent economic downturn. However, the events of the last few months, which led to what people now call “the credit crunch”, are not just another news story – the credit crunch really does exist! I know because I see clients every week that are affected, either directly or indirectly.
HOW THE LAW CHANGES - PART 2
This is the second in a series articles considering how the Government reforms the law by passing a Bill through Parliament. You may recall from Part 1 of this series that murder carries a mandatory life sentence and that the defences of provocation and diminished responsibility exist to reduce to a manslaughter conviction what would otherwise be murder. This provides a 'safety valve' for the sentencing judge because it allows the judge to impose a less onerous sentence if they so wish. In part 1 of this series, I considered the current defence of provocation and the proposed replacement defence of loss of control. In this article, I will examine the current defence of diminished responsibility and the proposed replacement. I will examine the law against the case of Kiranjit Ahluwalia in order to explain the differences between the current law and the proposed new law.
IGNORE THE LETTER AT YOUR PERIL
The scenario is a common one. A driver goes a little too fast past a speed camera. About a week later, the registered keeper of the vehicle receives a letter from the Police asking them to name who was driving. Many drivers who receive these letters do not realise that they are legally required to answer this letter and will commit a criminal offence if they fail to do so.
MOTORING Q&A
Jeremy Scott of the Specialist Road Traffic Law Team answers some of your legal queries.
OPERATION HELICAL - BULLETIN
On 30th July 2007 Operation Helical was launched by North Yorkshire police. Intensive police action will target dangerous, careless and irresponsible road users, and officers warn that they will take firm, decisive action against offenders.
THE COMPANIES ACT 2006 - OCTOBER 2009 IMPLEMENTATION
The Companies Act 2006 (CA2006) was implemented in phases with the 1 October 2009 phase being the final one. This briefing aims to cover the main changes going live on that date together with how they apply to both your existing company and new companies you plan to form. The driving purpose of the CA2006 is the enablement of business, deregulation and streamlining to ensure that doing business in England and Wales is as straightforward as possible.
TIME OFF FOR DEPENDANTS
Since 1999 employees have had the right to take a reasonable amount of time off work to deal with unexpected or sudden emergencies affecting their dependants and to make any necessary longer term arrangements. Dependants include spouse, civil partner, child, parent and those who rely on the employee for assistance or to make arrangements for the provision of care.
THE NATIONAL STAFF DISMISSAL REGISTER
The National Staff Dismissal Register is due to be launched later this month. An initiative of Action Against Business Crime (a partnership between the Home Office and the British Retail Consortium), it is reported to be an online register of workers that have been accused of theft and dishonesty in respect of their employment regardless of conviction.
EXPENSES AND BREACH OF MUTUAL TRUST AND CONFIDENCE
MPs expenses are currently in the media spotlight following the Telegraph’s revelations over recent weeks and the publication of expenses on 18 June 2009. MPs have been perceived by many as conducting themselves in a manner that has eroded the public’s trust and confidence in Parliament. There have been a number of high profile resignations and the whole expense system is now being reviewed by the Independent Committee on Standards in Public Life.
DISABILITY AWARENESS
There are 6 million carers in the UK. Current employment law provides that carers of people with a disability are entitled to limited time off to deal with emergencies affecting their dependants. Carers who are parents of a disabled child have the right to apply for flexible working.
BRIEFING NOTE: SICK LEAVE AND ANNUAL LEAVE ENTITLEMENT
HM Revenue & Customs and Stringer and Others [2009] UK HL31 The House of Lords delivered its judgment on 10 June 2009 in the case of HM Revenue & Customs v- Stringer and Others. It ruled that workers can bring claims for statutory holiday pay under the deduction from wages provisions of the Employment Rights Act 1996, overturning a Court of Appeal decision that the Regulation 30 of the Working Time Regulations provides a single and exclusive remedy of enforcement for unpaid holiday.
AGE DISCRIMINATION AND RETIREMENT
The Employment Equality (Age) Regulations 2006 ("the Regulations") came into force on 1 October 2006. The Regulations implement parts of the Equal Treatment Framework Directive 2000/78/EC ("the Directive") that established a framework for equal treatment in employment and occupation. The Directive makes it unlawful for employers to discriminate on the grounds of age at any stage in the employment process. Prior to the Regulations there were no legislative provisions in the UK to protect against discrimination on the grounds of age.
LANGLEYS HOSTS SUCCESSFUL AGRI - LEGAL UPDATE AT CASTLE HOWARD
York and Lincoln based Langleys and the Country Land and Business Association (CLA) hosted an update at Castle Howard on the ‘hot’ topics currently affecting the agricultural community. Local farmers, land agents, accountants and bankers received expert commentary on issues including agricultural related tenancy succession, inheritance tax and bank lending and security. The free to attend event took place on Tuesday 20th October 2009.
TENANCY REFORMS
The Tenancy Reform Industry Group (TRIG) completed its deliberations last year and finalised its recommendations to the government. It was asked to do so in response to the government's announced review of the legislation comprised in the Agricultural Tenancies Act 1995. The group was very representative of the farming industry including, as it did, delegates from all the major farming associations and specialists from the legal and surveying professions. The discussions were wide ranging and considered several aspects of both traditional agricultural tenancies which are regulated by the Agricultural Holdings Act 1986 and the relatively new FBT regime.
RIGHTS OF WAY - WHO GOES THERE?
Rights of way are, of course, a never-ending source of debate and controversy. Those of you who have rights of way crossing your fields will know all too well about the rules and regulations which require you to maintain the way and to ensure that it is fit for use by members of the public. Failure to observe the requirements can be costly in terms of time and money.
RIGHTS OF OCCUPATION - FALSE ECONOMY
It is one of the features of farming life in this country that rights of occupation are awarded by one to the other "on the nod". Such informal arrangements abound, not only between members of the same family, but also between independent third parties. Whilst most of these arrangements are reasonably successful and cause no problems, there are a significant minority about which this cannot be said. Where they end in dispute, it inevitably carries a financial cost but where members of the same family are involved, the consequences can be so much more serious. In addition to all the other issues, we also now have to cope with the vagaries of the Single Farm Payment system. The answer must surely be that it is better to record all such arrangements formally having taken proper professional advice. Not to do so may well be a false economy.
LANGLEYS VISIT TO JSR FARMS
Thanks to the hospitality of JSR farms, Southburn, Driffield, and in particular Philip Huxtable, the Managing Director of JSR Arable, a party of farmers, land agents and professional friends joined Andrew Fearn and members of the Langleys Agricultural team on a farm visit and tour last month.
LAND REGISTRY - SQUATTER'S RIGHTS
Property lawyers are having a field day at the moment! Not only are they coping with the effects of the Land Registration Act 2002 which came into effect in October last year but they are also dealing with the consequences of the Stamp Duty Land Tax introduced in December.
LAND REGISTRY - BRING IT UP TO DATE
As long ago as 1925, Parliament passed the Land Registration Act. This introduced a system which provided for the registration of all land in England and Wales, a strategy which would eventually replace traditional title deeds with a Land Registry Certificate of Title.
BOUNDARY DISPUTES - IT'S THE PRINCIPLE, YOU SEE!
Experience has taught us that boundary disputes are notoriously difficult to solve without recourse to litigation and even if we are able to negotiate a settlement, it almost follows as a matter of course that neither party is satisfied with the result; inevitably a compromise. "It's the principle, you see!".
GOING UP IN SMOKE
Gordon Williams, a painter and decorator from Ceredigion, Wales, was recently fined £30 for smoking in his work van. His wife paid the fine for fear of it rising to £50, as threatened in the penalty ticket.
HEALTH AND SAFETY AND THE SME
1. As an employer what are my main responsibilities under health and safety legislation? Under the Health and Safety at Work etc. Act 1974 every employer, no matter what type of business, is responsible for the health and safety of everyone affected by that business.
ONE DAY MY SON, ALL THIS WILL BE YOURS
In yet another case illustrating the point, the House of Lords has reinforced the dangers of the little known legal principle of “proprietary estoppel” for agricultural families.
LANGLEYS ANNOUNCES NEW HEAD OF FAMILY LAW UNIT
Leading law firm, Langleys, has appointed Mark Day as head of the firm's Family Unit, effective from April 2008. Mark joins Langleys from Gosschalks in Hull where he was made Partner in 2002.
CONSERVATION AREAS AND PLANNING APPLICATIONS
Conservation Areas are areas of special architectural or historic interest, the character or appearance of which the local planning authority (usually the District Council) consider is desirable to preserve or enhance.
SPEEDING AND THE LAW
Jeremy Scott of the specialist Road Traffic Law Team answers your legal queries
CAN YOU USE A COMPETITOR'S TRADEMARK AS A SPONSORED LINK?
It is common practice for businesses to advertise by purchasing a sponsored link on Google or other internet search engines. But is it permissible to use a competitor’s registered trademark as a sponsored link? This is the question which the court was asked to consider last month in Interflora, Inc Interflora British Unit v Marks & Spencer plc [2009] EWHC 1095 (CH) Alex Weston, specialist intellectual property and IT lawyer writes.
INADVERTENT SURRENDER! HOW YOU COULD BE HELPING YOUR TENANT TO AVOID RENT PAYMENTS...
Let’s face it, times are tough. When operating costs need to be downsized premises are often an obvious choice. With landlords retaining the upper hand, often requiring sizeable payouts to end the lease early, tenants might resort to more risky ways of avoiding rent. The recent case of Artworld Financial Corporation v Safaryan & Ors [2009][1]highlights the need for landlords to be vigilant to avoid inadvertently surrendering their lease and losing out on sizeable rent payments.[1]EWCA Civ 303, CA; [2009] 23 EG 94, [2009] All ER (D) 02 (Mar)
DIRECTOR GENERAL OF CBI VISITS LANGLEYS LINCOLN OFFICE - 8TH OCTOBER 2009
Leading Lincoln-based law firm Langleys invited top figures from the Lincolnshire business community to engage in debate with Richard Lambert, Director General of the CBI. Issues raised at the event included the current economic crisis and how the government can provide more support to industry.
IS YOUR WEBSITE DISCLAIMER VALID?
A landmark ruling from the Court of Appeal means it's time for businesses to review their website disclaimers, Alex Weston specialist IT lawyer writes. The court has decided, in the case of Patchett v SPATA, that companies may be liable if they make inaccurate claims on their websites.
LANGLEYS MOVES A ‘STEP’ AHEAD
Phil Robinson, a Solicitor in the Private Client Unit of York-based Langleys Solicitors, has become the latest member of the team to achieve the accreditation of Trust and Estate Practitioner (TEP) and become a full member of the Society of Trust and Estate Practitioners (STEP).
LANGLEYS DIVERSIFIES WITH LAUNCH OF HEALTH AND WELFARE UNIT
York and Lincoln based Langleys has launched a new Health and Welfare Unit to deal with highly specialised and unique medical treatment and welfare cases in the High Court and Court of Protection. Susan McKendry is regarded as one of the North of England’s leading solicitors in this aspect of the law and will lead the specialist team. She joins the York office as an Associate Solicitor and will act for people who, because they lack mental capacity and cannot properly manage their own affairs, are unable to represent themselves.
REDLINE RACING LIMITED
Langleys’ Construction team have recently completed advising Redline Racing Limited on the necessary procurement in relation to the £800,000 project to design and build Redline Racing Limited’s new premises at St James Business Park, Knaresborough.
DRIVERS AND EMPLOYERS BEWARE!
The Road Safety Act 2006 received Royal Assent last November which means it will be implemented in stages over the coming months and years. Some parts of it are already in force and have far reaching effects for all road users.
DEVELOPERS SHOULD BE AWARE OF THEIR HEALTH & SAFETY RESPONSIBILITIES
While Health & Safety should always be high on everyone’s agenda it is fair to say that the construction industry is always under close scrutiny. As we discuss below there has also been recent additions to the statutory regulations, both generally and specific to construction. These increase the responsibility of the Client/Developer, heighten the requirement to have the appropriate heath and safety “culture” and raise the level of fines and likelihood of imprisonment should the regulations be breached.
SPEED CAMERAS: RIGHT FOR YORK?
In 1986, in a small town in Texas, the first speed camera ticket was issued. Now, over 20 years later, speed cameras may be coming to York. Steve Galloway, the Lib Dem leader of City of York Council, is putting pressure on North Yorkshire Police to introduce them at accident blackspots.