The Government has since January 2013 made available a new vehicle for charities in England & Wales which is a Charitable Incorporated Organisation (CIO).   CIOs are specifically designed for carrying on charitable activities, which differentiates them from other types of charities such as trusts, companies limited by guarantee, unincorporated associations or Industrial and Provident Societies. Such entities can face challenges when it comes

A list of the Shipping Department's recent cases.

A list of recent seminars that we are able to offer our shipping clients in their own offices.

A recent decision of the Court of Appeal in which a supermarket customer was awarded damages for £44,000 for serious injuries she sustained while shopping has highlighted the duties which retailers owe to customers on their premises.    In Palfrey v Wm  Morrisons Supermarkets Plc,  Mrs Palfrey, a pensioner,  was injured when she tripped over a trolley used for stacking shelves which had

Landlords of vacant premises may allow businesses to occupy those premises temporarily over the festive season. This has attractions for both parties, particularly the landlord if previous attempts to sell or let have been unsuccessful.   The occupier secures a desirable location without committing to premises it may not need after the busy trading period has ended. The landlord generates income and can

Charities in England & Wales will welcome the Government's intended introduction date of early 2013 for the new Charitable Incorporated Organisation (CIO) following a number of delays.   CIOs are special corporate entities tailor-made for carrying on charitable activities. Previously most charities in England & Wales were formed as trusts, companies limited by guarantee, unincorporated associations or Industrial and Provident Societies. However, these

You looked at various options and perhaps, like other retailers, you decided that for you leasing your premises is the best option. Leasing premises avoids the need to commit huge amounts of capital to bricks and mortar and, at a time when it is not always easy to secure financial support, leasing provides a feasible alternative for a retailer. Additionally, in

You will have seen the wind turbines erected in locations around your landholdings and may be considering investigating the possibility of a similar scheme on yours. You may already have been contacted by a developer proposing a scheme but the discussions are at an early stage.   In any discussions with a developer my advice to landowners is always to engage a land agent

For many years it has been the case that a defendant who pleads guilty to, or is convicted of, criminal offences can be ordered to pay some or all of the prosecution’s legal costs.   Similarly, a defendant who is found not guilty of criminal charges against him can expect to receive a Defence Costs Order. This means the defendant will be reimbursed his legal costs

Subjective redundancy criteria can be used by smaller businesses in financial trouble   Following the recent ruling in an Employment Appeal Tribunal (EAT), small businesses in financial difficulty may consider including subjective selection criteria if they propose to make redundancies.   The case involved a Respondent company which is a brewer and owner of hotels and pubs. The company had a senior management team of

Employment lawyer Mary Walker advises how you should handle gross conduct in the workplace. As employers we can come across misconduct in the workplace on a regular basis. But when does it become Gross Misconduct? Gross misconduct is behaviour on the part of an employee which is so bad that it destroys the employer/employee relationship, and warrants instant dismissal without notice or

The Health and Safety Executive (HSE) is consulting on proposals to simplify and clarify the reporting of injuries, diseases and dangerous occurrences (RIDDOR). This was recommended in Lord Young's report, "Common Sense, Common Safety" published in October 2010 and by Professor Ragnar Löfstedt in his 2011 report 'Reclaiming Health and Safety for All: An independent review of health and safety legislation'. Details

On 20 July 2012, the Government published its response to the consultation on Phase 2B of the Feed-in Tariffs Comprehensive Review: Tariffs for non-PV technologies and scheme administration issues. The key points of the review include confirmation of new tariff levels for anaerobic digestion, hydro, micro-CHP and wind and the introduction of a tariff degression mechanism for those technologies which come into effect

In March 2011 the Government asked Professor Ragnar Lofstedt of King's College London to review health & safety regulation with a view to reducing the burden on business. His report was published at the end of November 2011, which the Government has indicated it proposes to adopt in its entirety and wants it to be implemented as soon as possible - and

As part of the government's drive to promote employment and to give employers the chance to 'try out and test' their new recruits without fear of unfair dismissal claims, the qualifying period to bring such claims will increase from one year to two years' continuous service from 6 April 2012. The change will only affect those new employees whose employment starts on

The Olympics 2012 look set to create mayhem as employees try to take holiday at the same times.  How do you keep profits up but staff happy? Employer's thoughts should turn now to minimising disruption and managing staff expectations to ensure that business runs smoothly.  Flexibility is the key. It is likely that your employees may want to attend the Games as spectators

New laws introduced earlier this month will see tougher penalties for landlords failing to protect a tenant's deposit.    The government has closed holes in the tenancy deposit protection schemes after a number of high profile court cases showed substantial weaknesses in the current rules.   Now, the new laws, which apply to any assured shorthold tenancy starting from midnight on 6 April 2012,

  Living together is rapidly on the increase. Many people nowadays decide to buy a house with their partner, or move in together, but very few contemplate a cohabitation agreement, even though there are very strong reasons for those about to live together to have such an agreement.   One of the reasons why cohabitation agreements should always be considered arises from the increasing number

Previously, there has been no strict legal requirement for shipowners to have insurance against third party liabilities. If a shipowner did not take out insurance, the third party would only recover damages if there were sufficient assets. This general rule was always subject to the “understanding” that in respect of personal injury claims International Group clubs would not seek to rely

When taking leases of new premises tenants need to check service charge provisions carefully, to avoid receiving unexpected bills, says real estate partner Amanda Fenton.   Service charges enable landlords to recover the costs of running and managing properties. So, where tenants enjoy the use of facilities outside of their premises, say the use of the car park, it is usual for landlords to

  The courts have recently given guidance on the circumstances when a rugby club can be liable for injury caused to a player during training.   A 16-year old rugby player fractured his knee-cap during training when he fell on a broken plastic cricket boundary marker that was hidden in the grass. This ended a promising career. He claimed the club had breached the

In March 2011 the Government commissioned a review of health & safety regulation with a view to reducing the burden on business. Published last month, the report makes a number of recommendations which are intended to:-   1.         Streamline the body of regulation through consolidating various different pieces of legislation. 2.         Redirect enforcement activity towards those businesses where there is the greatest risk of injury

The press is full of the debate on whether the UK 2020 carbon reduction targets could be met more cheaply by building nuclear and gas fired power stations than relying on renewable energy such as wind. Those in favour of renewable energy can refer to research indicating that electricity produced by on-shore wind farms will cost the same as that from fossil

Not a day goes by without a story in the media relating to the development of renewable energy. It is a fact that Grimsby and the Humber region find themselves at the centre of a renewable revolution in terms of offshore wind power development. However, renewables is much more than offshore wind. There are now growing business opportunities in connection with onshore wind as

1. A number of amendments to the public procurement regulations came into effect from October 2011. These change the time limits for Court challenges to procurement decisions, following the ECJ's "Uniplex" ruling and make some related procedural changes; modify the criteria for the "automatic suspension"; amend the definitions of certain

Amendment under the Local Democracy Economic Development and Construction Act 2009 (LDEDC) Part 8 of the LDEDC amends the adjudication and payment provisions in Part 2 of the Housing Grants Construction and Regeneration Act 1996 (Construction Act).   Part 8 of the LDEDC came into force on the 1 October in England and Wales and the 1 November in Scotland.   The Scheme for Construction Contracts

When times are hard, good credit control and debt recovery is key to the survival of a business. Andrew Jackson's Debt Recovery Unit proactively seeks to recover your debts and the exercise may cost you nothing.    The procedure starts with your business providing us with details of the debt. A letter of claim is forwarded to the debtor followed by a phone call.    When might

You will have seen the press reports of the "cold calling" by wind farm developers and may yourself have been contacted in person, or by letter, with a proposal for a wind farm scheme on your land. These unsolicited approaches can be set in the context of the UK's commitment to source 15% of its energy from renewable sources by 2020 and

A recent case has highlighted the importance of ensuring that landlords provide tenants with information about which deposit scheme is being used at the beginning of the tenancy, writes Jeff Swales, a partner in Andrew Jackson’s litigation and dispute resolution team.   In the case of Hashemi v Gladehurst the tenant entered an assured shorthold tenancy of the landlord's flat for one year. The

Agency workers are often seen as a flexible and relatively inexpensive source of labour. New laws will come into effect on 1 October which may lessen the traditional advantages of using agency workers and will place extra burdens on employers who do use agency labour.   From day one, agency workers are entitled to use "collective facilities" such as staff canteens, work creches

Taking a lease of new premises is an exciting time for any business but it is important that proper thought is given to an exit strategy, just in case things don't work out as planned.   The first consideration must be the length of the lease – too long and the tenant might have a millstone round its neck but too short and

The Lawyers who make up our specialist Academies Team at Andrew Jackson have all the relevant legal sector expertise to advise you on the process and the legal work that is involved in converting your school to an academy. We are confident that our Academies Team can offer your school a first class legal service. Whilst there are significant benefits in

From a legal perspective what are the main issues a developer needs to cover when setting up a mixed residential and commercial development - typically, a building comprising a commercial use on ground floor, with flats above.   There are a number of issues says Richard Mays, a partner at law firm Andrew Jackson who specialises in the creation of mixed commercial/residential developments,

As part of the government's drive to reduce current immigration limits, there have been a number of recent changes to the current regime that affect the employment of migrant workers. From 6 April 2011 an annual cap of 20,700 skilled workers from outside the European Economic Area (EEA) (EU countries plus Iceland, Liechtenstein and Norway) or Switzerland will be able to enter

When buying a paddock served by a private water supply you should firstly consider some critical issues, says James Worthington   When purchasing any equestrian property the supply of water and the adequacy of that supply are critical issues that should always be determined early in a transaction to save time and legal fees.   It is not unusual for paddocks - or for that

The Government has at last published the guidance on safeguards which businesses can put in place to prevent bribery in the form of the Bribery Act 2010, which comes into force on 1 July 2011. The Act had been expected to come into force in April but its implementation was delayed pending publication of the guidance.    The guidance is intended to help commercial

Many businesses require their employees to drive as part of their job. Employees may drive company vehicles or be required to use their own vehicles in connection with their employment.    The employer's duties extend far beyond ensuring that company vehicles are properly maintained, taxed, insured and have a valid MOT certificate and that drivers have a valid driving licence.    Employees' driving in the course

Expert witnesses in legal disputes need to consider how to protect themselves from negligence and breach of contract claims following the recent case of Jones v Kaney, in which the Supreme Court abolished the longstanding rule that an expert witness enjoys immunity from any form of civil action arising from the evidence he or she gives in the course of legal

The uncertainty surrounding the economy leads everyone to consider carefully the security of a project's finances and cashflow. This is more pertinent in larger scale projects where supply chains are stretched and costs to completion high. Project bank accounts offer some sense of security in these troubled times says Martin Collingwood, a specialist lawyer with Andrew Jackson Solicitors What are they? A

There are countless numbers of performance securities in existence on construction projects, which are provided on a daily basis.  But given the current situation in financial and insurance markets their efficacy has to be called into question - because that efficacy is predicated upon the existence of a robust banking and financial system.  Martin Collingwood considers the options and how you

The buyer of a flat may be surprised that, usually, they will be offered only a lease of that flat and not the freehold – they know a lease is less than freehold and so, in their eyes, they are not getting "full" ownership.   To an extent this is correct – they will have a landlord to whom they owe obligations and

Landlords of vacant business premises may allow parties to occupy them under short term arrangements if attempts to sell or let them have proved unsuccessful, or if the landlord has plans to redevelop them in the future.   For the landlord, this has the advantages that it receives an income from the premises and allows it to pass to the occupier the liability

A wind farm can be an attractive use of land. The UK now has 258 onshore wind farms and 13 offshore developments with a barrier of 5GW capacity being reached in 2010, but the EU-wide target of 20% renewable energy by 2020 means that numbers will grow fast. There is substantial additional capability already being built both on and offshore.   The Project In technical

Two new Merchant Shipping regulations relating to the safety of workers will come into force on the 10th January 2011. The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010 (SI 2010/2987) and the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 2010 (SI 2010/2984) both give effect to EU requirements ensuring

A number of recent vessel detentions have meant that new provisions under the Marine and Coastal Access Act 2009 relating to the lodging of bonds to secure the release of vessels have been put into practice. Previously whilst the MFA had powers to detain vessels for the purpose of investigation there was no formal procedure for those vessels to be released as

Businesses in legal disputes now benefit from clearer Part 36 rules – statutory rules designed to encourage early settlement of disputes, without going to court - following a recent Court of Appeal decision. The decision clarifies when Part 36 offers and counter-offers can be accepted - even if they were originally rejected - and, highlights that, for these purposes, the rules

A ship owner has been fined £100,000, plus costs of over £40,000, for breach of health and safety laws, following the death of a crew member at Newhaven in 2005. The port authority was also fined £85,000 plus costs of over £30,000. The prosecution arose following the death of a crew member who apparently fell into the dock whilst carrying a hose

Vessel charterers, sub-charterers and disponent owners with control over the operation of a vessel will welcome a High Court decision that clarifies how damages should be worked out when both a sub-charterer and disponent owner redeliver a vessel early. The High Court's recent decision in the case of Glory Wealth Shipping PTE Limited v North China Shipping Limited, mv "North Prince" [2010]

Vessel owners and operators need to review their Safety Management Systems following three new M Notices from the MCA, which regulate entry into dangerous enclosed spaces, responsibilities on dive boats, and sleeping on ‘Dead Ships’. The new notices follow a number of recent fatal accidents, some of which Andrew Coish and Silas Taylor directly investigated. They are as follows:- MGN 423 –

To encourage better use of the Incoterms, the International Chambers of Commerce has launched new rules which will take effect from 1st January 2010.   Incoterms are a series of internationally recognised standardised terms governing the practical arrangements of the sale of goods.    Four rules have been cancelled, two new rules added and also the rules have been generally updated to make them more

An astute business needs to ask itself the following three fundamental questions when considering taking a lease: How much will premises cost me? When agreeing to take a lease a business will consider the obvious financial factors such as the level of yearly rent but less obvious factors include: costs of complying with obligations contained in the lease, particularly relating

Emerging from recession, many landlords are offering tenants more flexible terms to attract occupiers for vacant business premises: one example is break clauses, where a lease is granted for a fixed term but a break clause allows the tenant to end the lease early. For the tenant, this has the advantage that the tenant gets the security of the longer lease term

Andrew Haines, law consultant at Andrew Jackson, discusses the dos and don’ts for clients whose marriages have broken down A recent series of high profile cases highlights an increasing number of celebrity spouses, who allege the other has hidden assets, and who take documents and computer information to court to back up their arguments. The resulting hearings have proved acrimonious and expensive. With

Marie Kell, head of commercial and intellectual property at Andrew Jackson, looks at the importance of protecting your business I recently spoke about the importance of protecting Intellectual Property (IP) rights at Platform 2010, the city's first annual gaming conference, where I looked at what rights are of particular importance to the games industry, including protection of characters and brand protection for