Ashfords' In-House Legal Bulletin - September 2021

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This In-House Bulletin provides key legal updates across all practice areas to help ensure in house lawyers, GCs, contract and procurement managers can easily and efficiently keep abreast of what’s happening in the legal world.

Restitution, unjust enrichment and the written contract

In a recent case, the Court of Appeal has considered the law of unjust enrichment and its relationship with the written terms of a contract.

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Regulatory fines likely to double for organisations with £250+million turnover

The decision in R v Places For People Homes [2021] EWCA Crim 410 (PPH) is likely to mean business with £250+million turnover will be exposed to the highest categories of fines when prosecuted for regulatory breaches. This increased exposure will apply in relation to environmental, health and safety and other regulatory breaches covered by similar sentencing guidelines.

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A “no jab, no job” policy

Employers have responsibilities under the Health and Safety at Work Act 1974 to protect the health and safety of employees and other individuals in the workplace. Employers also have a common law duty to take reasonable care to look after their employee’s health and safety. Businesses of all sizes are deciding how to bring their staff back to work safely after many months of remote working, particularly as making demands on staff to have vaccinations is a dilemma both legally and morally.

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Turnover rents – sharing risk and rewards

Turnover rental arrangements, where tenants pay their rent (or a proportion of it) by reference to the income they generate from the premises, are not new, but have become increasingly prevalent as the UK has emerged from lockdown.

With market instability and high pressures continuing to challenge the retail and hospitality sectors in particular, turnover rents give both landlords and tenants an interest in ensuring the success of a tenant’s business from the leased premises.

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The Building Safety Bill - the biggest change to building safety requirements in 40 years

The Building Safety Bill was finally put to Parliament on 5 July 2021 for a first reading. It aims to implement Dame Judith Hackitt’s recommendations made in her damning review of the failures relating to building safety (and in particular fire safety), following the Grenfell tragedy. The Government has said that the Bill will “deliver the biggest improvements to building safety in nearly 40 years” and should come into force mid-next year.

However, there are certain elements that are already changing the environment in which buildings are developed – from planning through to completion stage.

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For more information, please contact Suzie Miles.

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