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Thinking - Blog
Growth and Infrastructure Act 2013
The Growth and Infrastructure Act 2013 (the Act) was given Royal Assent on 25 April 2013.
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Thinking - Blog
Outsourcing Health & Safety – a step too far?
Michael Scott & Danielle Lodge question the wisdom of outsourcing health and safety responsibilities
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Thinking - Blog
Adjudicator's Fees
The Court of Appeal has confirmed that an Adjudicator is not entitled to any of his fees in circumstances where his decision is unenforceable.
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Thinking - Blog
Property Rental Business Transfers and Leases – Reclaiming VAT and SDLT
Last November, following the decision in the case of Robinson Family Limited, HMRC announced that a transfer of a property rental business can qualify as a "transfer of a going concern" (TOGC) – and therefore not attract VAT – even if the transferor retains a reversionary interest in the property.
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Thinking - Blog
Court of Appeal's opinion on good faith clauses
In our February blog we reported on Compass Group UK and Ireland Ltd (trading as Medirest) v Mid Essex Hospital Services NHS Trust [2012] EWHC 781 (QB) and the implications of the decision on the duty to act in good faith.
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Thinking - Blog
Costs overruns in Target Costs contracts
Who is liable for costs overruns in a Target Cost contract, and to what extent? AMEC Group recently went to the TCC to appeal against an arbitration decision which found the Secretary of State for Defence ("the Authority") would only be liable for actual costs which were reasonably and properly incurred.
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Thinking - Blog
NPPF – 1 year on: smooth transition or wasted opportunity?
Given that over 50% of Britain's local councils are still to adopt Local Plans, is the window of opportunity for local residents to take control of development in their local area about to close?
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Thinking - Blog
New Kids on the Block : alternative funders in the real estate lending market
Over the last couple of years, there has been a surge in real estate lending by non-bank lenders as traditional banks started withdrawing from the market.
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Thinking - Blog
What are the potential risks associated with BIM?
This is the second of three blogs about Building Information Models, or BIM. This blog will consider the potential risks associated with BIM, but don't worry we provide some practical advice on how these risks can be tackled in our final BIM blog.
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Thinking - Blog
Good Faith Clauses
There is no general doctrine of good faith in English law and it is not therefore implied into contracts.
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Thinking - Blog
Rights to Light Reform: Law Commission Consultation
On 18 February 2013 the Law Commission announced that it was beginning a consultation process regarding possible changes to the law governing "rights to light".
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Thinking - Blog
JCT Insurance Options: what's the right fit for fit-out?
Where a tenant is fitting out premises within a multi-occupied building, the JCT's standard insurance options are not always appropriate and, left unaddressed, place unintended and severe risks on the tenant.
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Thinking - Blog
Government property, Kirstie and Phil style?
Ok, so Ms Allsopp and Mr Spencer haven’t quite been called in yet, but almost.
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Thinking - Blog
The End of the British High Street?
2012 was a hard year for the retail sector but 2013 is shaping up to be an even tougher year for High Streets in the UK.
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Thinking - Blog
Is the Green Deal a great deal?
There is no denying the Green Deal has many advantages but consider the deal in relation to short term leases and it may not be as great as it initially seems.
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Thinking - Blog
NEC3 Engineering and Construction Contract "Guidance Notes": more important than you realise for interpreting the ECC
Certain terms of the NEC3 Engineering and Construction Contract ('ECC') are open to interpretation, and the recent case of E-Nik Ltd v Department for Communities & Local Government [2012] EWHC 3027 (Comm) has cast into doubt whether even something as routine as VAT is crystal-clear under the ECC.
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Thinking - Blog
Development incentives – but at what cost?
In light of what is starting to appear to be a wholehearted failure to persuade local communities to meet requisite housing targets, Nick Boles last week proposed self-proclaimed "bungs" to local communities.
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Thinking - Blog
Will Planning Performance perform?
On 22 November 2012, the Department for Communities and Local Government (DCLG) published a consultation entitled 'Planning performance and the planning guarantee' setting out, amongst other things, how the Growth and Infrastructure Bill's proposals to enable planning applications to be made directly to the Planning Inspectorate (PINS) would operate.
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Thinking - Blog
Leaving customers without signal: the task of re-building the Telecoms Code
Now almost 30 years old, the Electronic Communications Code (the 'Code'), falls far short of representing the needs of a swiftly developing communications network.
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Thinking - Blog
H&M: Brave New World?
We have all been involved in lease negotiations where there are differences of opinion as to what is or is not institutionally acceptable.
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Thinking - Blog
End of the line for Village Greens?
Nothing can be more frustrating for a developer to see its scheme delayed or worse still derailed by an application for the registration of land as a town or village green ("TVG").
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Thinking - Blog
Rights of Light
Rights of light are an easement and are commonly acquired simply by a neighbour having enjoyed the light over a neighbouring building owner’s land for a period of 20 years without interruption.
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Thinking - Podcast
Carers Week Special (Part 2): Intersectional nuances, wellbeing and creating carer-friendly workplaces, with Rachel Pears and Zahra Lakhan-Bunbury
Welcome to The Work Couch, the podcast where we discuss all things employment.
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Thinking - Blog
Hong Kong’s New 468 Rule for Continuous Employment
On 18 June 2025, LegCo passed the Employment (Amendment) Bill 2025 (the "Bill"). The Bill revises the working hours threshold for determining continuous employment and makes it easier for employees to enjoy the employment protection available under the Employment Ordinance (Cap. 57). The revised continuous contract requirement will take effect from 18 January 2026.
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Thinking - Podcast
Carers Week Special (Part 1): Lived experiences, the law and the role of employers, with Rachel Pears and Zahra Lakhan-Bunbury
Welcome to The Work Couch, the podcast where we discuss all things employment.
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Thinking - Podcast
Supreme Court ruling on the definition of "sex": What does this mean for employers? with Patrick Brodie and Kelly Thomson
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
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Thinking - Blog
The European Accessibility Act: Creating a more inclusive consumer experience
With less than 1 month to go until the requirements of the EU Accessibility Act (the EAA) come into full force and effect, retailers, consumer brands and hospitality providers should ensure they are ready for the changes.
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Thinking - Podcast
The Work Couch: Navigating trauma in the legal world (Part 2), with Rebecca Norris and Camilla Wells: Implementing a trauma-informed work culture
Welcome to The Work Couch, the podcast where we discuss all things employment.
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Thinking - Podcast
The Work Couch: Navigating trauma in the legal world (Part 1), with Rebecca Norris and Camilla Wells: Spotting the signs and understanding the science
Welcome to The Work Couch, the podcast where we discuss all things employment.
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Thinking - Snapshot
“Ronan’s Law” to impact retailer and online platform liability for knife sales
How will the UK’s proposal to crack down on the online sale of knives impact retailers?
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Thinking - Snapshot
EU “ecodesign” product regulation lands, together with new digital product passport
What does the EU’s new regulation on ecodesign and sustainability mean for products and those who manufacture, import, deal and distribute them?
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Thinking - Snapshot
EU proposals to make online marketplaces liable for unsafe or illegal goods and collection of taxes
How concerned should online marketplaces be about new EU rules on e-commerce imports?
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Thinking - Snapshot
EU Online Dispute Regulation Platform discontinued!
The EU Online Dispute Resolution Platform (ODR Platform) was set up in 2016 under the Regulation (EU) No 524/2013 (Regulation), as an alternative route to court for disputes arising from online sales or service contracts
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Thinking - Snapshot
CJEU considering liability of App Store providers for unlawful loot boxes
Should intermediary service providers (eg app stores) be held liable for the supply of games containing unlawful loot boxes to consumers in breach of local gambling legislation?
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Thinking - Snapshot
CMA guidance on unfair commercial practices under the DMCCA
What practical guidance is given by the CMA on unfair commercial practices under the Digital Markets, Competition and Consumers Act 2024 (DMCCA)?
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Thinking - Snapshot
CMA’s enforcement road map for the new DMCCA plus consumer protection priorities
Where will the CMA focus its new enforcement powers under the Digital Markets, Competition and Consumer Act 2024 (DMCCA)? And what are the CMA’s consumer protection priorities?
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Thinking - Blog
Ten years of the Modern Slavery Act: renewed focus on business responsibility
On 24 March 2025, the Home Office published its updated Transparency in Supply Chains (TISC) guidance, offering detailed recommendations to assist organisations in complying with their obligations under Section 54 of the Modern Slavery Act 2015.
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Thinking - Blog
Neonatal Care Leave: What do employers need to know?
On 6 April 2025, the long-awaited new statutory right to neonatal care leave came into effect in England, Wales and Scotland. The new right provides employees with up to 12 weeks' leave if their babies spend an extended period in neonatal care.
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Thinking - Podcast
The Work Couch: Neonatal care leave (Part 2): Managing the process and supporting employees, with Joanna Holford and Catriona Ogilvy
Welcome to The Work Couch, the podcast where we discuss all things employment.
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Thinking - Podcast
The Work Couch: Neonatal care leave (Part 1): What is the new right, who is eligible, and does the law go far enough? With Joanna Holford and Catriona Ogilvy
Welcome to The Work Couch, the podcast where we discuss all things employment.
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Thinking - Podcast
The Work Couch: What to expect at an employment tribunal: appearing as a witness, with Kim Wright and Joseph England
Welcome to The Work Couch, the podcast where we discuss all things employment.
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Thinking - Blog
Employment Rights Bill: 10 key amendments explained
On 5 March 2025, the government published a 200 page amendment paper containing a wide range of amendments to the draft Employment Rights Bill (the Bill). A number of the amendments follow the government's response to various consultations on some of the most significant proposed reforms. We highlight 10 of the key amendments and what they mean for employers.
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Thinking - Blog
6 April 2025 - date confirmed for UK consumer protection law regime overhaul
The Digital Markets, Competition and Consumers Act 2024 (DMCCA) is set to substantially overhaul the UK's consumer protection law and enforcement regime. We now know the date that key consumer protection and enforcement changes will come into force: 6 April 2025.
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Thinking - Podcast
The Work Couch: Data protection and HR-related challenges (Part 2), with Jon Bartley and Helen Yost
Welcome to The Work Couch, the podcast where we discuss all things employment.
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Thinking - Blog
Six steps to AI Literacy (whether legally required to or not)
At the beginning of February 2025, the AI literacy requirement under the EU AI Act came into force. The effect of this is that certain businesses must take measures to ensure a sufficient level of AI literacy in their staff.
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Thinking - Podcast
The Work Couch: Preventing sexual harassment - is your business compliant?
Welcome to The Work Couch, the podcast where we discuss all things employment.
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