On 24th November 2011, Bevan Kidwell LLP successfully defended a claim in the High Court for a declaration that the demise of a ground floor flat included the sub-soil beneath the basement and garden of that flat and that the Defendant (the company that owned the freehold and the landlord) had unreasonably refused consent to works that had been proposed by the Claimants. This is the only known authority on the issue of a leaseholder seeking ownership of the subsoil of the whole property and seeking to excavate and develop beneath the property.

The claim had been brought by the tenants under a lease for 999 years of the ground floor flat of a building that had been converted into three flats. The Claimants, along with the two leasehold owners of the two flats above, were the three directors of the defendant company. However the two leasehold owners of the two flats above, the majority on the board of the defendant company, opposed the proposed development.

The Judge noted that, in accordance with Bevan Kidwell’s approach prior to proceedings being started, the issue of the Defendant’s consent did not arise because the proposed works were to take place in a part of the premises which were not owned by the Claimants as they were not demised by the lease. In light of this, the issue that was determined at the hearing was whether the demise of the lease included the subsoil. In making his decision, the Judge took two factors into consideration; those being “construction” of the lease and the “legal presumption” that ownership of a property usually carries with it everything above and below it.

Construction
Given the wording of clauses in the lease, and the obligations of the landlord and the tenant, the Judge had little difficulty in deciding that on a proper construction of the lease, the flat did not include the subsoil. Legal Presumption
The Judge stated that the legal presumption mentioned above is usually applied in respect of transfers of a freehold property but it has also, in previous cases, been applied to leases. However, he did point out that its application to leases would depend on the particular circumstances of the lease; considering the whole property in which that lease has been granted. The Judge commented that this presumption is usually applied to flats on the top floor of a property where leaseholders seek to develop upwards. However, in this case, as the works that were being proposed were to dig into the foundations, which would affect the other flats in the building, and the Defendant (as the landlord) was responsible for maintaining those foundations, the presumption did not apply.

Given that the Judge found that the subsoil was not part of the flat, in view of the wording of the lease or under the legal presumption, it was not necessary to decide whether the consent to alterations was unreasonably withheld.

We hope that you found this update useful. If you require any legal advice in relation to Property or Property Litigation issues, please contact John Bevan or Nick Hatchett of Bevan Kidwell LLP on 020 7843 1820 or send an email to john@bevankidwell.com or nick@bevankidwell.com.

When navigating the minefield of employment law, it’s often difficult to keep a clear head due to the ever-present possibility of litigation, compensation claims or even criminal prosecutions. You can minimise the risks associated with employment law with the help of Linder Myers – a law firm with experienced employment law solicitors in Manchester, Shropshire and Lancashire – and their specialist Employ-Line service for business owners and HR professionals.

Employ-Line is designed to minimise risks and protect your business, by preventing or mitigating the effects of many common employment law issues. Specialist legal support, timely employment law advice and expert guidance can help you avoid becoming embroiled in expensive and time consuming litigation. If the worst should happen Linder Myers can represent you and your business at the employment tribunal.

The comprehensive service provided by the qualified employment law solicitors at Linder Myers is professional and cost-effective. Its guidance encompasses any issues that you may face in the course of running your business, including dismissals, workplace injury, time off and annual leave, harassment or discrimination, redundancy and professional disciplinary hearings.

Employ-Line is tailored to the needs of your business, and operates on a fixed cost basis which means that you can budget for regular monthly payments. Moreover there is optional insurance against the costs and awards of any employment tribunals. All your current employment policies and procedures will undergo a full audit, and bespoke contracts of employment can be prepared. Meanwhile ongoing support is provided in an exclusive online client area and through telephone legal advice from the Linder Myers employment law solicitors.

Employ-Line is an invaluable service for SMEs and HR professionals looking to protect their business and their reputation. Call Linder Myers today on 0844 984 6444 to find out more.

Website: http://www.lindermyers.co.uk/employment

Leading law firm Taylor Vinters scoops coveted honour at MPF European Leadership Awards

Taylor Vinters is proud to announce that the Management Partners’ Forum (MPF) – a UK-based professional body that pays tribute to management excellence – has named the law firm Europe’s ‘Best Led Firm.’

MPF bestowed Taylor Vinters with the coveted accolade at its annual awards dinner on 1 March in London, which was presided over by former World European and Commonwealth 110m hurdles champion Colin Jackson, CBE.

Said Ed Turner, Taylor Vinters Managing Partner: “We are delighted to be recognised as a firm that values strong leadership, innovation and integrity. To be recognised as ‘Best Led Firm’ helps us to continuously attract the talent that allows us to meet and exceed the needs of our diverse and growing client base.” Taylor Vinters was cited for its overall satisfaction rate; with the firm rated as ‘excellent’ or ‘very good’ by 100% of its clients and 66% of its staff. When it came to the client services it provides, 65% of clients and 60% of employees said they would ‘speak highly without being asked’. In providing leadership, making prompt decisions, managing change and providing a clear sense of direction, the firm rose above Towers Watson’s Global High Performance Companies Norm. Taylor Vinters’ brand was valued as ‘A’ by Brand Finance, the world’s leading brand valuation consultancy. Commented MPF Chair Sir Nigel Knowles of DLA Piper: “The MPF Awards showcase the professionalism that business advisers are exhibiting in managing their own firms. The days of the well-meaning amateur are truly over.”

Founded in Cambridge, and now with offices in London and Singapore, Taylor Vinters employs more than 220 highly qualified staff to offer a broad range of legal services to private, commercial and not-for-profit clients.

-ENDS-

Notes to Editors:

Taylor Vinters is a progressive law firm headquartered in Cambridge, with offices in London and Singapore. Employing over 220 highly qualified staff who help businesses, individuals and not-for-profit organisations, across the UK and internationally, with a broad range of legal services. Clients range from high net worth individuals and university spin-out companies through to national charities, small to medium sized enterprises, FTSE listed businesses and Fortune 500 multinationals. www.taylorvinters.com

Managing Partners’ Forum (MPF) is a UK-based professional body that represents the leadership team at professional firms to government and other audiences, and provides its members with knowledge, insights and networks to help them reach better-informed business decisions. www.mpfglobal.com

About the MPF European Leadership Awards (www.mpfglobal.com/awards)
MPF introduced its Awards in 2002 to recognise the contribution of specific management disciplines. Ten years on, the Awards were radically redesigned with a new set of categories focused on leadership, collaboration, vision, brands, operational excellence, client relationships and financial performance. Any professional firm or network with a European presence was eligible to enter the Awards.

The valuation process employed by Brand Finance (www. brandfinance.com)
Brand Finance employs ‘royalty relief’, the most recognised method by technical authorities worldwide because it calculates brand values by reference to comparable, third-party transactions. The valuation process involves: estimating future sales; setting a suitable royalty rate range; and pinpointing where along that range the brand lies using the ‘Brand Strength Index’. This results in a ‘Brand Rating’, conceptually similar to a company credit rating. Next, the brand discount rate is calculated from the ‘Brand Rating’. Future royalty revenues are then calculated by applying the royalty rate to estimated future sales. Finally, future royalty earnings are discounted to their net present value to derive the value of the brand.

Study from PwC and Iron Mountain shows four in 10 legal firms don’t know whether they have lost data

London Apr. 27, 2012 – Sensitive and confidential information held by legal firms is at risk of exposure because many do not check whether their employees implement information security measures, according to new research by information management company Iron Mountain and PwC. Four in 10 (42 per cent) legal firms surveyed across Europe did not know whether or not they had suffered a data breach in the previous three years. The research marks the launch of Europe’s first ‘Information Risk Maturity Index’, a vital benchmark to help organisations evaluate their ability to address information risk.

More than half (56 per cent) of respondents admitted that, despite introducing a strategy to manage information risk, they had failed to monitor its effectiveness. A similar number (59 per cent) had allocated responsibility for information risk management to a specific individual or team, but did not check performance; and more than half (54 per cent) did not track whether policies for the shredding of confidential waste and the secure destruction of digital information were being implemented properly.

The research findings revealed that the impact of such complacency can be catastrophic. Law firms that acknowledged having experienced a data breach listed reputational damage, professional liability and exposure as the main impacts.

PwC surveyed senior managers at 600 leading European businesses to develop the Information Risk Maturity Index for mid-sized businesses (250 to 2500 employees). The scores, assessed across the legal, financial services, insurance, manufacturing and engineering, and pharmaceutical sectors suggest that many businesses are woefully unprepared to address and manage information risks such as data breaches, data loss and non-compliance. The average score for European companies was 40.6 against an ideal score of 100, with the legal sector scoring an average of just 33.3. The financial services sector scored highest with an average score of 46.3.

The Information Risk Maturity Index provides a guide for organisations to measure their level of sophistication in information management. It is based on a set of measures that, if put in place and frequently monitored, will help protect the digital and paper information held by an organisation. The index represents a balanced approach to preventing information risk, including strategic, personnel, communications and security measures.

Commenting on the survey results, Christian Toon, head of information security at Iron Mountain Europe said: “Our information risk study reveals a worrying level of complacency across the legal sector in Europe. There’s absolutely no point in pouring resources into information security if no one takes any notice. All the money and technology in the world will not protect your sensitive data if staff are not properly trained, monitored and supported so that information security is a responsibility that is front of mind. The drive for this must come from the very top of the business.”

Iron Mountain has called on businesses across Europe to commit to responsible information management: ensuring that information is valued and protected at every stage of its journey through the business, and that all confidential waste documents and digital data are securely disposed of at the end of the life cycle.

-ENDS-

About Iron Mountain:
Iron Mountain provides information management services that help businesses to look after their information at every stage of the lifecycle. Iron Mountain offers records management and archive storage, digitising and scanning services, off-site data protection and disaster recovery, as well as secure shredding of confidential waste.

T: +44 (0) 118 909 0909
E: im@berkeleypr.co.uk

In April 2012 a number of important changes to employment law have come into force. These include the qualifying period for unfair dismissal increasing from one to two years for new employees, judges sitting alone in unfair dismissal cases and changes to statutory payment rates.

Legislation in force from April 2012

Unfair Dismissal
Following recent Government proposals, the qualifying period for claiming unfair dismissal claim has been extended from one year to two years. The two year qualifying period will only apply to those employees who started a new job on or after 6th April 2012. Employees whose employment started before 6th April 2012 will remain subject to the one-year qualifying period. The same legislation has also increased the qualifying period for entitlement to written reasons for dismissal from one year to two years.

Apprenticeships, Skills, Children and Learning Act 2009

The Apprenticeships (Form of Apprenticeship Agreement) Regulations 2012 came into force on 6th April 2012. The regulations prescribe the form that must be used to enter into an apprenticeship agreement. However, the regulations do not provide particular wording to be used in an apprenticeship agreement but state that apprenticeship agreements must contain the basic terms of employment required to be given to employees under employment legislation. This can be in the form of a written statement of particulars of employment, a written contract of employment or a letter of engagement. The agreement also has to include a statement of the skill, trade or occupation for which the apprentice is being trained under the relevant apprenticeship framework.

Current rates
Statutory Maternity, Paternity, Adoption Pay and Maternity Allowance has increased to £135.45 per week, and Statutory Sick Pay is now £85.85 a week.

Employment Tribunals Act 1996 (Tribunal Composition) Order 2012
From 6th April 2012 an employment judge hearing unfair dismissal claims will be sitting alone without lay members, unless the judge orders otherwise.

Proposed legislation and consultations

Sunday Trading (London Olympic Games and Paralympic Games) Bill The Sunday Trading (London Olympic Games and Paralympic Games) Bill intends to suspend restrictions on Sunday trading hours for shops with a floor area of more than 280 square metres. The suspensions will be valid for eight weeks from 22nd July to the end of the Paralympic Games on 9th September. However, the Bill does not remove the restrictions on loading and unloading at large shops on Sunday mornings. It also does not amend the legislation which gives specific rights to shop and betting workers to refuse to work on Sundays. BIS invites views on dealing with dismissal and “compensated no-fault dismissal” for micro businesses

Until 8th June 2012, BIS is seeking your views on two measures to address concerns that dismissal procedures can be too onerous, particularly for smaller businesses:
 Dismissal processes. Views are sought on whether the Acas Code of Practice on Disciplinary and Grievance Procedures (the “Code”) could be made easier to use by smaller businesses. Instead of the Code, BIS propose to implement the Australian Small Business Fair Dismissal Code that might be successfully applied in the UK.
 Compensated no-fault dismissals for micro businesses (with fewer than ten staff). If implemented, compensation for a no-fault dismissal would prevent an employee from bringing an unfair dismissal claim. However, other types of claim arising out of an employee’s dismissal would not be covered. We hope that you found this update useful. If you require legal advice in relation to employment law issues, please contact Irina Bernstein of Bevan Kidwell on 020 7843 1820 or send your email to irina@bevankidwell.com or visit our website www.bevankidwell.com

Baroness Blackstone, Labour’s former Education Minister, has criticised UK Immigration for imposing tighter Immigration laws that she says are ‘hurting UK Universities.’

During a debate held in the House of Lords, she stated: “the UK risked putting itself in a ‘very unfortunate position’ when it came to attracting overseas students.” Her claims relate in particular to Indian students, where she identified that the UK was missing out on ‘huge potential’ in terms of talent and that Universities were losing seriously needed funding from foreign students.

She added that: “Some bona fide institutions – Universities – have lost as many as 20% of their overseas students, particularly from India. The restrictions on employment when graduating will put us in a very unfortunate position compared to our main competitors the United States and Australia, which have much more generous arrangements for students who wish to work for a temporary period when they graduate.”

In agreement with Blackstone was Labour’s Viscount Hansworth, who is a professor at Leicester University. He stated: “it’s completely unacceptable to treat students along with other immigrants.”

He added: “Policies designed to combat illegitimate institutions are also having a negative effect on reputable institutions in the higher education sector. Under normal circumstances, without the barriers created by the government, their numbers would be expected to follow an upwardly mobile trend, which would be highly profitable for the UK.”

In response to the critics however, the UK Home Office Minister, Lord Henley argued that latest statistics reveal a 13% rise in the number of University applications from students outside of the European Union. Yet, Henley did concede that there had indeed been a decrease in the number of applicants from India and an increase from nations such as Australia and New Zealand.

Henley concluded by saying that: “It might be that there are some particular institutions that have lost out, but we have seen proportionate increases elsewhere, including Australasia where there has been an increase of some 20% and Hong Kong 37%.”

http://www.ukvisaandimmigration.co.uk

National minimum wage was introduced in the UK in 1999, and over 90 per cent of the world’s countries now have some minimum wage laws. In this employer law advice guide, Peninsula explains who is eligible and what businesses should know.

It doesn’t matter what size your company is or what type of work you do, you’re legally obliged to pay the UK minimum wage. Furthermore, agency workers, foreign workers, those who work from home and trainees are all eligible. As of 1st October 2011, the UK minimum wage rate is £6.08 per hour for adults aged 21 and over, £4.98 for 18-20 year olds, and £3.68 per hour for young workers aged 16 and 17. These minimum wage rates are set to increase again in October 2012.

The standard national minimum wage does not apply to members of the armed forces, company directors, apprentices, or people who are self-employed. It is also worth remembering that unless contracts state otherwise, the maximum number of hours that can be worked in a week is 48, including overtime.

When it comes to being fair with employees – whether it be national minimum wage, working hours, holidays or sick days – having expert advice to consult could prove invaluable. As part of Peninsula’s HR outsourcing services, clients can access an extensive online library of employment law advice guides, and track each employee’s attendance record in an easy-to-use calendar.

Furthermore, clients can obtain urgent employment law advice regarding national minimum wage, or any other topics, on demand. They can simply call our team of specialist advisors for free, 24 hours a day, seven days a week.

If you are a member of the media and need any further assistance, would like to discuss case studies for a particular feature, or be added to our media contact list, feel free to contact Sammual-James McLoughlin, head of media, press and public relations at Peninsula, on 0161 827 8511 or sammualjamesmcloughlin@gmail.com.

Website: http://www.peninsula-uk.com/

A Bedfordshire lawyer is hosting free drop-in sessions for anyone wanting to get more information about divorce and family break-up.

Lisa Smith, of Woolley & Co family law specialists, will host two sessions at the Bedford Business Club in Kempston Hardwick, on Saturday 25th and Wednesday 29th February.

The idea is to host easy-access “surgeries” outside of normal office hours to help those who might not be able to make an appointment on a weekday get advice from an experienced divorce lawyer.

“People can still make an appointment or they can just drop in to see me and discuss their issues, whether that is about the process of divorce, financial arrangement on separation or what happens regarding contact with the children,” said Lisa, based in Bedford, and serving clients across Bedfordshire and the surrounding counties.

“Making specialist family law advice and services available to people when they need it is of vital importance to us at Woolley & Co and we are always looking for new ways to extend our cover even further.

“We have always tried to tailor our service to fit around clients. If that means calling them in the evening, then we can accommodate that, for instance. This is the 21st Century after all and we no longer live a nine-to-five existence. “I hope the sessions prove popular and, if they do, we will definitely look at running additional ones in the area in the future.”
The drop is sessions will take place at Bedford Business Club, Ampthill Road, Kempston Hardwick, MK45 3JE, on Saturday 25th and Wednesday 29th, from 10am to 5pm and 6pm to 10pm respectively.

You can contact Lisa on 0845 6800934, or lisa.smith@family-lawfirm.co.uk, or via the Woolley & Co website at www.family-lawfirm.co.uk

London – Onlylawsite will launch www.onlylawsite.com, a website devoted to members of the public and small businesses looking for free legal advice on 1 February 2012. www.onlylawsite.com will provide free legal advice and free legal documents to visitors of the site. The website is available 24/7 and provides access to basic legal advice and a wealth of free legal documents which are simple to download. Legal aid cuts ‘will stop the most vulnerable getting justice’ says report, Civil Justice Council says planned £350m reduction in legal aid budget will also result in courts struggling to manage caseloads

In these difficult economic times there is an increasing need for consumers to have access to legal advice, However, with the withdrawal of public funding for legal advice across many areas, the options for consumers to access legal advice are narrowing. Our new online legal service provides access to written legal advice on a range of legal matters.

As plaintiffs, injury survivors were so far authorized to receive compensation for a list of damages specified by the court. As the extensive list has already encouraged loads of innocent sufferers to make their personal injury compensation claims, the UK government has decided to further add to the list. Thus, the list of damages to be paid for, by the offender has been revised and made lengthier.

As damages sustained in an accident include both economic and non-economic factors, the authority has decided to specify the areas claimable for the convenience of the users. As expenses of the doctors can be put under the economic section, the pain and suffering sustained falls under the non-material factors. According to the current revision, a person upon meeting with an accident caused by no fault of his/her own will be entitled to a comprehensive list of compensations. To begin with, accident personal injury claims will cover the current and future medical expenditures. All the present and future earning loss will be calculated within the compensation figure.

Expenses on household services like hiring an attendant or a nurse for managing the domestic stuffs of the victims due to their inability can also be asked to pay through compensation. Mental depression, anguish and trauma are major areas that a plaintiff can demand compensation for. Even loss of consortium or delights of life fall under personal injury compensation claims. This means that if the victim loses a happy relationship that they shared previously with a person concerned, then he/she is entitled to receive monetary compensation for that. Aside, the most obvious damages like pain, suffering, mental disability, physical impairment, disfigurement, etc., the victim party can also demand money for funeral and legal expenses in dire cases.

However, in the new year, informal settlement of compensation claims is highly discouraged, which is why the list of damages covered has been made longer. However, plaintiffs will not receive all the above mentioned compensations, but only a combination of the most applicable ones in case of encountering an accident.