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Everyone Has a Right to Daylight – High Court Ruling

Everyone has a right to live in daylight and, in one case, the High Court overturned a residential planning permission after objectors complained that the development would put an adjoining area of land, used by primary school pupils as an outdoor classroom and play area, in the shade. In granting consent for a three-storey block, encompassing a café and two...

Purchasing Company Assets? Do You Know What You Are Buying?

When purchasing a company’s assets, professional advice and careful drafting are needed to avoid subsequent dispute about what exactly has been bought. In one case, a High Court resolution was required after two companies both claimed to have acquired another’s valuable intellectual property rights. After company A hit financial difficulties and went into...

Consultation on Salary Sacrifice for the Provision of BiKs

As announced in the 2016 Budget earlier this year, the Government is seeking to limit the range of benefits in kind (BiKs) that attract Income Tax and National Insurance Contributions advantages when provided as part of salary sacrifice and flexible benefit arrangements. To that end, a consultation document has been published setting out the Government’s...

Disabled Workers Entitled to ‘More Favourable’ Treatment

Many employers may be surprised to note that it is inherent in the Equality Act 2010 that the duty to make reasonable adjustments may require them to treat a disabled employee more favourably than others. The point was made in a case in which a disabled security company engineer won the right to substantial compensation. Due to worsening back problems, the man...

Finality Achieved At Last in Intractable Building Contract Dispute

Construction projects sadly do not always run smoothly and, in one case, developers and a contractor fell out so badly that no less than five adjudications and two High Court hearings were required to achieve a final resolution. The contractor had been engaged to construct and fit out two new residential houses but a deterioration in relations led to work coming...