Education Update December 2014

Monday, 15th December 2014

Three recent pieces of guidance from DfE:

  • Promoting fundamental British values
  • Cyberbullying: Advice for headteachers and school staff
  • Data protection guidance for when considering "cloud" software services

Promoting fundamental British values (as part of SMSC)

The DfE have published two versions of new guidance around the promotion of British values; one for academies and independent schools and one for the maintained...

Back to Basics in Occupiers Liability

Monday, 15th December 2014

The recent case of Burtcher v Southend-on-Sea BC helps to identify those cases where a system of inspection and risk assessments is crucial to a successful defence, and those where it makes no difference because the hazard is plain to see and had been present for some time.

In this case B had been visiting her parents who lived in sheltered...

10-unit threshold introduced for Section 106 affordable housing + tariff style contributions

Monday, 15th December 2014

What happened?

On 28th November 2014 the Department for Communities and Local Government ("DCLG") published revised planning guidance introducing a new 10-unit threshold for Section 106 affordable housing and tariff-style contributions aimed at reducing planning costs for small scale and self-build development.

What the new guidance says?

  • The renewed guidance provides that contributions should not be sought from developments of 10-units or less,...

Ashfords LLP is delighted to welcome Nicholas Lykke Dahn to its Real Estate Team.

Monday, 15th December 2014

Nicholas Lykke Dahn joins the firm's Bristol office having previously been at BrookStreet des Roches LLP and Linklaters LLP specialising in commercial real estate and property finance. Nicholas has joined the Real Estate Team, which currently consists of 14 partners, 7 associates and 15 solicitors.

With over 15 years' experience within the field, Nicholas specialises in commercial property work including: investment...

When is a home not a home? Under Scrutiny: temporary accommodation and the Protection from Eviction Act 1988

Monday, 15th December 2014

In the joined cases of R. (on the application of N) v Lewisham LBC and R. (on the application of H (A Child)) v Newham LBC [2014], the Supreme Court have recently had to consider the question of (1) whether temporary accommodation, provided under the Housing Act 1996 s.188, was subject to the Protection from Eviction Act 1977...

The Quindell PLC Share Price and a Lesson in Corporate Governance Failure

Wednesday, 10th December 2014

Our corporate partner James Lyons discusses the recent substantial drop in share price at Quindell PLC in The C Suite.

Having previously faced a sharp decline in its share price, followed by a further drop upon the announcement of the resignation of Quindell's founder and chairman, James looks at the case of Quindell in more detail and assesses how...

Redundancy situations arising during maternity leave

Wednesday, 10th December 2014

When a redundancy situation arises whilst an employee is on maternity leave, the employee has a right to be offered a suitable alternative vacancy (Regulation 10 of the Maternity and Parental Leave Regulations 1999 (MPL Regulations). Failure to employ with this regulation will give rise to an automatically unfair dismissal.

Section 18 of the Equality Act 2010 makes it unlawful for...

Deceased Joint Proprietor

Monday, 8th December 2014

On inspecting the title deeds to a property following instructions to act for a client in obtaining an Equity Release over the property, it sometimes comes to light that the property is held in the name of the client and a deceased proprietor.

Where the client and the other party owned the property on a joint tenants basis, then the deceased...

G-Cloud 6 - tips from a tech lawyer

Friday, 5th December 2014

This article was first published by Computer World UKon 12 November 2014 and can be found online here.

For the past couple of years two platforms have been in operation to facilitate and encourage the public sector to purchase digital services. CloudStore provided the marketplace for services falling under the G-Cloud Framework (G-Cloud) and the Digital Services...

'Property option' warning to franchisees

Friday, 5th December 2014

Andrew Perkins advises potential franchisees to consider their options before signing a franchisee agreement, in particular, when purchasing their business properties.

Andrew's article on, warns potential franchisees to be alert to inadvertently 'giving away' options to purchase their properties when they enter into franchise agreements. Potential franchisees are advised to ensure they receive independent legal advice from the...

Driverless cars are coming to Bristol - but are our current security laws ready for them?

Wednesday, 3rd December 2014

This article was first published by TechSPARK UKon 2 December 2014 and can be found online here.

Bristol is a city at the forefront of technology and innovation so there is no surprise that it is hoping to be one of the cities to host a trial of driverless cars which could be on the road...

Trade Union activities is not working time

Tuesday, 2nd December 2014

There have been a string of cases over recent months defining what situations will be classed as "working time", with sleep-over care workers (Whittlestone v BJP Home Support Limited 2014) and on-call paramedics (Truslove and another v Scottish Ambulance Service 2014) held to be on working time despite only being at the disposal of their employer and not actually carrying...


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