In respect of any oversailing or overhang of the public highway, a licence must first be obtained from the highway authority. There is no specific formula for fees in relation to licences granted under sections 176–178 of the Highways Act 1980 (although certain highway authorities have a schedule of set fees). In the case of a licence for part of a building to oversail a highway,

An employer is said to 'recognise' a union when it accepts that the union has acquired a certain status within its organisation. For further information about trade union recognition, generally, see Practice Note: Trade union recognition. An employer may 'recognise' a trade union for a number of different purposes, and at one of a number of different 'levels' (see Practice Note: Trade union recognition, under the main section dealing with Levels of trade union recognition). The degree of recognition refers to the scope of the facilities that are made available under a recognition agreement between an employer and a union, ranging from access to noticeboards, office space or other facilities on the employer’s premises (at the lowest degree of recognition), to recognition for the purposes of negotiation

An employee will be regarded as unfairly dismissed for the purposes of Part X of the Employment Rights Act 1996 (ERA 1996) if (among other things): • the reason or principal reason for dismissal is one of a number of specified reasons relating to pregnancy and maternity leave • she was dismissed for redundancy and the provisions entitling her to suitable alternative employment were not complied with • she was dismissed for redundancy and: ◦ one or more other employees, in similar positions to the employee, were equally at risk of redundancy but were not dismissed, and ◦ the reason or principal reason for dismissal was one of a number of specified reasons relating to pregnancy and maternity leave For further information, see Practice Note: Detriment or dismissal on grounds of pregnancy, childbirth or maternity leave—Protection against dismissal. Generally, an award of compensation for unfair dismissal can consist of: • a basic award

While there is no statutory definition of ‘consideration’, the courts will look at the consequences of the transaction and will assess the consideration in terms of its overall economic effect. There is no

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), reg 4 provides that where there is a TUPE transfer, and an employee has not objected to the transfer, the contracts of employment of the transferring employees are not terminated but ‘any such contract shall have effect after the transfer as if originally made between the person so employed and the transferee’. Hence, the legal fiction created by reg 4(1) is that, following the transfer, the transferred employee is treated as if they have always been employed by the transferee and not by the transferor. By virtue of reg 4(2) ‘all rights, powers, duties and

What is crowdfunding? Crowdfunding is a way in which people, organisations and businesses (including start-ups) can raise money through online portals to finance or re-finance their activities and enterprises. As advances in technology have facilitated the creation of these new forms of lending, at a time when more traditional lenders have not been lending as freely as they once did, crowdfunding has seen expediential growth. The FCA are responsible for the regulation of any crowdfunding that does not attract an applicable exemption. As such, in October 2013 the FCA published a consultation paper: The FCA's regulatory approach to crowdfunding (and similar activities). Following the publication of this consultation paper on 6 March 2014 the FCA announced new rules aimed at providing specific types of investors with protection when making an investment through certain crowdfunding platforms. Who should be interested in the new rules? You will need to be aware of the new rules and their implications if you are a firm that operates or proposes to operate, loan and/or investment based crowdfunding

Where a testator’s Will provides for the residuary estate to be held partly for beneficiaries who are exempt from inheritance tax and partly for non-exempt beneficiaries, the burden of the inheritance tax on the residuary estate will depend on the terms of the Will. If it requires the shares of residue to be calculated after inheritance tax has been deducted (a re Benham type

Corporate Crime analysis: The Food Standards Agency (FSA) and Food Standards Scotland (FSS) have published a 2024 Food Crime Strategic Assessment, updating their 2020 assessment, outlining the threat from food crime in the UK. Tom McNeil, partner, Richard Reichman, partner, and Christina Josephides, barrister, of BCL Solicitors LLP consider the FSA and FSS report, its key findings, the main types of food crime, the main contributing factors to food crime and how to prevent and tackle food crime.

The right to statutory paid holiday (annual leave) All workers have the right under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, to a total of 5.6 weeks’ annual leave each leave year, made up of: • a basic entitlement to a minimum of four weeks' annual leave (20 days for a regular full-time worker) each leave year, implementing the right to annual leave under Directive 2003/88/EC (the Working Time Directive (WTD)) • an additional entitlement to 1.6 weeks' annual leave (eight days for a regular full-time worker) each leave year, which is a right under domestic legislation only WTR 1998, SI 1998/1833, entitle a worker to be paid: • in respect of any period of statutory holiday • in lieu of any statutory holiday entitlement accrued but unused on termination of their employment For further information, see Practice Notes: • Holiday • Holiday pay Requiring holiday to be taken at particular

The usual wording as to the index linking of periodical payments is as set out in the Precedent: Standard order 2.1—financial remedy order at clause 89, ie: ‘The periodical payments set out in paragraph [insert] [and paragraph [insert] above] shall be varied automatically on the “variation date”, which shall be on the date of the payment due in [insert month] and at yearly intervals afterwards. The change in the payments shall be the percentage [change OR increase], if any, between the [retail prices index OR consumer prices index] during the most recent 12 month period preceding the variation date for which index data has been published.’ Or, at clause 90, ie: ‘The periodical payments set out in paragraph [insert] [and paragraph [insert] above] shall be varied automatically on the “variation date”, which shall be on the

Note: we have based this answer on the assumption that the relevant offer was made on or after 6 April 2015 and, therefore, that the revised Part 36 applies. We have Practice Notes on the position pre and post 6 April 2015 (and transition provisions) in our subtopic: Part 36 offers. A Part 36 offer to pay or to accept a sum of money in settlement of the claim will be treated as inclusive of all interest until the date on which the Relevant Period expires or,

Low value road traffic accident and employer’s/public liability claims in which liability is admitted proceed through the Ministry of Justice Portal. The rules of the Portal are governed by the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims and Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the Protocols). The vast majority of such claims will settle pre-issue without the requirement of going to a hearing. Proceedings will not need to be issued. Therefore, the usual principles of interest calculation become difficult to apply. Of course, if a case proceeds to stage 3, it will be issued as a Part 8 claim, and a date of issue will be ascertainable. However, for cases that settle at stage 2, the Protocols provide no hard-and-fast rule as to when interest begins to run. For