News, articles & legal updates

Latest news and legal updates

Taunton debt recovery team volunteer at local charity

Open Door Taunton welcomed staff from our Taunton office debt recovery team, who spent time at the day centre sorting clothes donations, gardening and performing maintenance tasks. The team wanted to offer support to the charity which cares for up to 300 people a year providing shelter, clothing, food and...

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Menopause and work: what you need to know

The average age for a person to go through the menopause is 51 but it can happen earlier or later than this. The most common symptoms of the menopause include hot flushes, difficulty sleeping, low mood, anxiety and issues with memory and concentration. It is clear that such symptoms could...

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Serious Injury and Clinical Negligence Newsletter

November 2021 The last 18 months have been difficult for everybody. Facing the problems of running a successful personal injury or clinical negligence claim pale into insignificance compared with the travails of those who have suffered illness or the loss of a loved one due to COVID-19. Nonetheless clients with...

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Consulting on the Code: what can landowners expect next?

In December 2017, the Electronic Communications Code (Schedule 3A of the Communications Act 2003, as amended by the Digital Economy Act 2017) came into force and has generated a plethora of case law, with varying success for both landowners and operators. Despite intending to be a simplification of previous legislation,...

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Déjà vu? Changes to the French Civil Code and forced heirship

If you own property in France you will probably be aware that in England and Wales there is a great deal of freedom over the contents of your Will which is not replicated in many European countries, which often operate a form of “forced heirship”. Under forced heirship rules certain...

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Social Housing Newsletter

Autumn 2021 Welcome to the Autumn edition our Social Housing Newsletter. We’re delighted to announce that Maria Greener, Partner has joined our Bristol Construction team and Natalie Kidd, Solicitor has joined our Manchester Housing Management team. On 18 October 2021 the Government reaffirmed its commitment to reforming the law regarding leaseholds,...

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Maternity Safety: Mind the Gap 2021

In 2015 Baby Lifeline sent out a Freedom of Information request to all Trusts to obtain a better understanding of the training that was being provided in maternity services throughout the UK in an effort to improve outcomes. In October 2016 they published their first “Mind the Gap” report setting...

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Beware the poison pen (or email)

The Employment Appeal Tribunal (EAT) has given us a stark reminder that the utmost care should be taken when choosing the content and format of your communications relating to your workforce. During the standard course of Tribunal proceedings, parties must disclose to each other all and every document, email, text...

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Our latest Lexcel report: what our people said

We always look forward to our full Lexcel assessment, which takes place every three years, and this year was no exception. Receiving independent, objective and comprehensive feedback is a much-welcomed opportunity for us to take stock as a firm. It helps us deepen our understanding of where we are most...

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Google ruling is good for public sector, businesses and non-profits

The UK Supreme Court ruling rejecting a claim against Google is good news for businesses, public bodies such as schools and non-profit organisations facing heavy-handed claims for nominal data breaches. Google rightly suffered multi-million dollar administrative penalties and fines as a result of its having secretly tracked the internet activity...

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Amazing entries for Clarke Willmott’s Road Safety Superheroes Competition

This week has been Road Safety Week, an annual event co-ordinated by Brake – the road safety charity which highlights road safety issues and campaigns to reduce the number of injuries and deaths that occur on our roads. The Personal Injury team at Clarke Willmott wholeheartedly support Road Safety Week...

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Pandemic, construction materials shortage and the JCT: What can you do?

The UK construction industry is in the middle of a materials procurement and shortage crisis, with key building materials like timber, cement and steel becoming much more expensive and difficult to source. This is understandably causing pricing issues and severe delays on many projects. The question of whether it is...

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Property securitisation: five current issues

1. Mortgagee exclusion clauses Mortgagee exclusion clauses in S106 Agreements which do not conform to the funder’s requirements continue to affect housing charging by restricting value to Existing Use Value – Social Housing (EUV-SH). It’s critical to understand this as early as possible into a charging exercise to ensure you...

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What you need to know about the new shared ownership lease

Following the government’s recent technical consultation, Homes England have released a new model shared ownership house and flat lease for homes in England (other than London) funded under the Affordable Homes Programme 2021-2026. They have also taken the opportunity to refresh the old model lease (2016-21 SOAHP) with, in their...

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Social housing legal issues – Autumn 2021

Below we outline some of the most common issues where clients have recently asked for our help. If these areas are of concern for you too, then please do get in touch. Construction Some clients have had applications to the Building Safety Fund (BSF) rejected, for example for the Waking...

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In the spotlight: Rob Ridd

As part of our Autumn 2021 Social Housing Newsletter we get to know Corporate Partner, Rob Ridd. Name: Rob Ridd Job Title: Partner Area of expertise: Corporate law Has worked at Clarke Willmott for: 11 years What kind of things can you help your clients with? On the general corporate...

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Data: a new direction consultation overview

The Government’s recent consultation on reforms to the UK’s data protection regime closed on 19 November 2021. The consultation is a step towards the Government delivering on the National data strategy to secure a pro-growth and trusted regime. The Government’s focus on this notion is made even more evident by...

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Commercial rent debts

New proposals for ring fenced debts Late on 9 November the Government published the Commercial Rent (Coronavirus) Bill 2021 to implement the binding arbitration scheme announced on 18 June. The scheme is intended to resolve commercial rent debts which arose as a result of the coronavirus pandemic. The Bill is...

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Road Safety Week starts – raising awareness and reducing injuries and deaths on our roads

Today marks the start of Road Safety Week – an annual event co-ordinated by Brake – the road safety charity to raise awareness of road safety issues and to be an integral part of seeking to reduce the number of serious injuries and deaths on our roads. Clarke Willmott will...

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Superheroes in Road Safety Week

Road Safety Week is taking place between 15th and 21st November. The annual event promoted by Brake – the road safety charity is this year focusing on road safety superheroes and they will be celebrating the heroic work of road safety professionals and explaining how we can all play a...

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