News, articles & legal updates

Latest news and legal updates

Big Brother is watching – can you monitor home-workers?

The Government is no longer advising that employees work from home where they can. Nevertheless, many employers are considering keeping an element of home-working having seen success in this change to working practices during the pandemic. Working from home has proved in many cases to have its benefits both in...

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Social Housing Case Bulletin

Welcome to the July issue of our case law update Our social housing team are delighted to share recent cases from the higher jurisdiction courts in England and Wales that are relevant to the social housing sector. We trust that this update will be helpful and we welcome any queries or...

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Time to hit inclusivity head-on

Year on year the scope of the Equality Act 2010 appears to widen as employees and the Tribunals begin to recognise more circumstances which fall under the ‘protected characteristic’ headings. Most recently, the Tribunal has recognised the detriment faced by some employees with menopausal symptoms. Prior to this, we have...

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UK Government hydrogen plan launched

Dale Edwards, Green Energy Strategic Consultant comments on the UK Government’s eagerly awaited launch of its hydrogen plan. Following on from the Government’s 10-point plan for a Green Industrial Revolution, significant prominence has been placed in the role that hydrogen could play in driving the growth of low carbon economy....

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Beware of assumption of “childcare disparity” in discrimination claims

In a timely case for employers who are considering their working practices post lockdown, the Employment Appeal Tribunal has recognised that women still have the primary responsibility for childcare and are less likely to be able to work certain hours. A “childcare disparity” should be assumed when assessing changes to...

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Mandatory vaccinations for care home staff

Parliament has approved the new Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 (Regulations) which makes it mandatory for any individual working in a care home to be fully vaccinated against Coronavirus. After an initial grace period of 16 weeks, the Regulations will make it mandatory...

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Social Housing Newsletter

Summer 2021 Welcome to the Summer edition of our Social Housing newsletter! As usual, in this edition we have several topical issues which we hope you will find useful. We take a look at a recent litigation win by our Housing Management team, what developers will need to do to...

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Wealth, Health and Inheritance Briefing

August 2021 edition As the harvesting of cereal crops reaches its peak, this month we look at some of the changes and uncertainties affecting farming clients, from reduction of subsidies to possible capital tax changes. Capital gains tax is in fact featured several times in this edition. With possible reform...

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Building back greener?

Post Brexit, the UK government is replacing EU environmental law with home-grown environmental law. Biodiversity is increasingly coming under the spotlight in this context. COVID-19 has shown us all how just how important green infrastructure is. However, since the 1970s 41% of all UK species have declined and 15% of...

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In the spotlight: Rebecca Harries-Williams

In this edition of In the Spotlight, we get to know Rebecca Harries-Williams. Name: Rebecca Harries-Williams Job title: Senior Associate Area of expertise: Contentious construction Has worked at Clarke Willmott since: September 2020 What kind of things can you help clients with? I help clients at all stages of construction...

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Successful defence of nuisance claim for social housing landlord

Clarke Willmott’s Housing Management team acted for a social landlord in a case brought by a tenant involving an alleged infestation of a property. The claim was brought Under S82 of the Environmental Protection Act 1990 on the basis that there was a statutory nuisance at the property – mice...

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Restrictive covenants – lessons learnt from Alexander Devine Children’s Trust v Housing Solutions Ltd [2020] UKSC 45

Restrictive covenants often dictate the use of land and can range from restricting the size and type of the development to, at worst, preventing it entirely. Section 84 of the Law of Property Act 1925 (“LPA 1925) gives the Upper Tribunal the discretion to modify or discharge restrictive covenants, if...

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Modular builds in social housing

It is great to see more and more modular builds across the social housing sector. It feels that, rather than dipping its toe in the water, the sector has now positively embraced innovative methods of construction. However, are we running before we can walk? As construction lawyers, we draft a...

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Fire safety measures: the law

The Regulatory Reform (Fire Safety) Order 2005 applies to virtually every structure, with the exception of private homes. The law states that anybody who has responsibility over a building must take reasonable efforts to decrease the risk of fire and ensure that people may evacuate in the event of a...

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The latest on landmark ‘no fault’ divorce legislation

Family law solicitor Emily Finn looks at the latest plans to introduce a ‘no fault’ divorce law in April 2022. After a period of campaigning undertaken by family lawyers and other practitioners to ‘end the blame game’ in divorce law, Parliament agreed in June 2020 to change the law to...

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Employment Matters

July 2021 The pandemic is impacting industrial relations in unexpected ways. There is now a conflict between employers and employees as to what the working world will look like moving forward. Leaving aside the health and safety implications of large numbers returning to offices, we have the cultural aspect to...

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Right to work checks

Prior to employment beginning, employers are required to conduct right to work checks to ensure that individuals are legally able to work in the United Kingdom. As a result of the United Kingdom leaving the European Union, the right to work check rules changed on 1 July 2021. Employers need...

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Top rankings for Clarke Willmott in Chambers High Net Worth Guide

We are delighted to once again have been recognised at the highest level in the annual Chambers and Partners High Net Worth Guide The team have been described as “one of the strongest firms for private client”, together with three of our offices placing highly and five lawyers being named...

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Safety in the workplace to include higher protection from sexual harassment

Across the UK, safety in the workplace is currently a paramount consideration as we negotiate our way ‘back to work’, whether that involves a return to the workplace or normalising flexible working. Alongside this, the Government has been consulting on other safety measures; specifically whether more can be done to...

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The legal considerations of using a known or unknown donor

For many, starting a family through donor conception involves a multitude of considerations to include social, emotional, and also the legal position of the family unit and any child born. Thought is not only given to the present but also to the future and the  impact of any decision made not...

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