Client Update May 2009

Our website also has a recent addition from David Swain, a consultant solicitor with Neves, with an interesting article about the invaluable service provided by the East Anglian Air Ambulance, an organisation with which he is closely associated.

Legal News

If you have employees on long-term sick leave then the story on our website this month concerning the long-running case of Stringer v HM Revenue and Customs will prove an interesting read. The case, which dealt with the issue of whether or not employees were entitled to accrue holiday pay during a period of long-term sick leave, resulted in a European Court of Justice (ECJ) ruling which could alter the Working Time Regulations 1998 (WTR). Currently, employees must take a minimum of four weeks’ holiday per year and payment in lieu of untaken minimum leave is only permitted on termination of employment. However, the ECJ ruled that employees should be allowed to take accrued holiday on their return to work after long-term sickness absence, or be paid in lieu at their normal rate if the employment relationship ends without them returning to work. If you have employees on long-term sick leave then contact us for assistance in amending your workplace policies in light of this ruling.

Back in October 2008, new rules came into force relating to the registration of similar company names. The rules make it easier for companies to object to the registration of a company name which could be confused with their own. Recently, a company called Coke-Cola was forced to change its name after Coca-Cola lodged an objection. What is more, Coke-Cola was also ordered to make a costs contribution and reimburse Coca-Cola’s fee for filing the objection. You can read the full story on our website. If you are concerned about protecting your intellectual property assets then please contact us for advice.

Five months on from the amendments to the Children Act 1989 Milton Keynes branch of Resolution have rolled out their Parenting after Parting workshops with the aim of assisting separating parents in helping their children through the difficult and hugely emotional experience. Beth Woodward’s article looks at these new enforcement measures and the powers that the Courts can now use. Beth and Mary McEvoy (Head of the Neves Family Department) are both active members of Resolution and are joining forces to support proposed new legislation to recognise that 1 in 6 of UK residents are in cohabiting relationships, but that the law offers these couples little support if the relationship breaks down. For more information on this area read Beth’s article here.

In many dispute situations, the rules now require the parties to consider and explore the possibility of mediation before setting off down the Court route. Failure to do so can result in costly penalties being imposed by the Court, even if you are wholly successful in your claim. Tahir Nisar’s article reports on his recent experiences in the Mediation field and provides a useful insight into how this process works.

Last month we reported that our estate agent contacts are seeing an increase in prospective purchses and we provided some tips on managing your mortgage. The media have followed suit and reported an increase in house prices in March 2009, which is being echoed by our mortgage broker contacts as can be seen in The Mortgage Store’s April Newsletter. The Times recently ran an interesting article giving tips to first time buyers on how to step onto the housing ladder.