Legal Updates

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Don't get personal at work

We recently heard the decision from the European Court of Human Rights which ruled that employers can justify reading workers private online messages. The Judge ruled that employers have the right to check that employees were completing their work and that the employee had breached the company’s rules by sending messages on work time.

Published: 19 Jan 2016

Is this the most ridiculous court decision ever?

A client was embroiled in a long battle with a customer over the usual type of matter –was the car faulty or not? The court directed that by a certain date each party must exchange Witness Statements with each other and send them to the court, in advance of a hearing. Additionally, the parties were ordered to appoint an independent expert witness between them and for him (or her) to submit that report.
Published: 19 Jan 2016

Are you in breach of The Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013?

These not so nifty sounding Regulations came into force in June 2014. However, they were further embedded into the law by the Consumer Rights Act 2015. They set out what information you are legally required to give to customers before the customer is bound to make their purchase.

Published: 19 Jan 2016

Coming soon...on-line court for claims up to £25,000

Currently people can issue a claim through the ‘Money Claim Online’ System. If the value of that claim is £10,000 or less (as almost 70% of all claims are), it will be allocated to the Small Claims Track. Over £10,000 it will go into either the Fast or Multi Track. All three tracks usually end with a court room hearing if they are not settled along the way. However, plans are afoot for the introduction of a new on-line court system.
Published: 19 Jan 2016

Classic case of how not to prepare a claim!


This week one of our clients appeared in the Gloucester County Court to face a claim for the cost of rectifying substandard work in relation to the conversion of a van to a “High-Top Roof”. Suffice to say the claim was hotly contested.
Published: 05 Jan 2016

Pre-Delivery Inspections - Vital Evidence

We have recently dealt with a case where a client has failed to undertake full and thorough PDI checks on a vehicle prior to sale. This was to the extent that basic checks such as tyre and fluid levels were not undertaken. The vehicle sold and rejected within the first 30 days, under the new CRA 2015 'short term right to reject' rules.
Published: 05 Jan 2016

Drink Driving – the morning after the night before

Think! The Department of Transport road safety website. Has launched a new campaign to raise awareness regarding drink driving. No doubt during the festive period many alcoholic beverages have been consumed during an evening. People are failing however, to realise this will have repercussions the next day.
Published: 05 Jan 2016

Pensions – Auto Enrolment

As we enter 2016, many small employers will be aware that their time to commence pensions auto enrolment is nearly here. Most small businesses will have to be compliant from April or August 2016, and as such you should already be in the process of setting up your scheme.
Published: 05 Jan 2016

What Constitutes Office Banter and a Claim for Discrimination/harassment?

Following on from the previous legal update regarding office banter there has recently been heightened media coverage in regards to Charlotte Proudman’s outing a fellow lawyer regarding inappropriate comments.
Published: 09 Dec 2015

Denying the customer their consumer rights

The new Consumer Rights Act 2015 has made it clearer as to who constitutes a consumer and therefore who attracts the full range of consumer rights. The definition of consumer is:

“an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession.”
Published: 09 Dec 2015

The burden of simply having no common sense

On the occasions I’ve ever purchased a second hand vehicle I’ve always wanted to see the latest MOT (as recent as possible please), service history, recent repairs and the sellers PDI report.  If I was still in any doubt I would invest some money in, say, an AA or RAC report (other inspection providers are available!) to tell me the condition of the car before I parted with my hard earned cash.

Published: 09 Dec 2015

Government Announces no rise in statutory payment for 2016!!!

Some good news for employers, as it is announced that the government propose to not increase key statutory payments next year.
Published: 09 Dec 2015

‘Without Prejudice' Best Wishes for the forthcoming Winter Holiday from all at Lawgistics

As a gesture of goodwill, and without any acceptance of liability, on a “without prejudice” basis we extend to you best wishes for the forthcoming winter holiday.  This is on the clear understanding that the wishes are gender neutral and do not imply any discrimination for your personal religious beliefs or if you have none, your lack of them, and further such wishes, should not be considered to reflect the beliefs, or otherwise, of the writer, Lawgistics or anyone working therein.
Published: 09 Dec 2015

Lawgistics Christmas Break Closure 2015

Our office will be closed from 1.00pm on 24 December 2015, until Monday 4th January 2016. 

Published: 09 Dec 2015

Summary Judgment and Small Claims do not mix!

This week we have received an application for summary judgment from a Claimant despite the fact that the case was suitable for allocation to the Small Claims Track.
Published: 09 Dec 2015

Potential VAT scam

We have had a busy couple of weeks with contact from a number of clients seeking advice on a potential scam letter they have received regarding VAT registration numbers.
Published: 09 Dec 2015

New Headquarters for Lawgistics

Lawgistics have moved. We have waved goodbye to our old home on the ex US airbase at RAF Alconbury and we have said hello to the slightly more historical and grandiose surroundings of Vinpenta House, a three storey Georgian town house in the centre of local market town Whittlesey.
Published: 25 Nov 2015

Abolition of the Vehicle Identity Check

The vehicle identity check was brought in 2003 to prevent vehicle ringing (where criminals make it easier to sell stolen vehicles by swapping the identity of cars no longer economical to repair with a stolen vehicle of a similar make/model).
Published: 25 Nov 2015

ADR Tales…

For those of you who may not be aware of the Regulations yet they cover the promotion of ADR (which is predominantly mediation and negotiation) in all disputes. The aim is to promote the resolution of disputes between consumers and traders prior to having to resort to court action.
Published: 25 Nov 2015

One owner vehicle?

We have had a few calls recently regarding vehicles that have been advertised as a “one owner” vehicle, later turning out to be previously owned by a vehicle hire company.
Published: 25 Nov 2015

Reasonable adjustments during recruitment

In a recent tribunal decision, an NHS worker was awarded a rather large pay out of £115,000, by successfully pleading disability discrimination against the NHS.
Published: 25 Nov 2015

Poppy Appeal

With Remembrance Day now behind us, it was interesting to see the number of news story which commented on who was, and who was not wearing a poppy, on TV.
Published: 25 Nov 2015

Entertaining can be Taxing!

As the festive period fast approaches, employers maybe look to plan an office Christmas party, or general gathering. The question is, can these be considered a business cost for tax reasons?
Published: 25 Nov 2015

The Logistics of Moving Lawgistics

We shall be waving goodbye to our present home on the ex US airbase at RAF Alconbury and saying hello to the slightly more historical and grandiose surroundings of Vinpenta House, a three storey Georgian town house in the centre of local market town Whittlesey.
Published: 17 Nov 2015

Seems that actions do speak louder than words!

You may have heard on the news recently that the first case regarding gestures has been ruled as discriminatory. It is the first case of its kind to relate to gestures rather than words being said which has been successfully won.
Published: 10 Nov 2015

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