Legal Updates

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Constructive dismissal? A bad case of the blues...

It has recently been reported in the news that Chelsea FC, Premier League champions 2014/15, could be facing a case for constructive dismissal. There has been a lot of media attention regarding how club doctor Eva Carneiro left the club.
Published: 10 Nov 2015

One month in – The Consumer Rights Act 2015

Following the introduction of the Consumer Rights Act 2015 last month, we have seen a surge in sales of our PDI pads as dealers have taken on board our advice to review their pre delivery procedures.

Published: 10 Nov 2015

A Case of Judicial Familiarity

You have been involved in a long running legal dispute of some 18 months or so. Finally, the big day arrives where your case is in court for determination.
Published: 10 Nov 2015

Emissions crisis - falling sales hit VW hard

Evidence that customers are turning away from VW in their droves has emerged this week in the new car registration figures published by the Society of Motor Manufacturers & Traders (SMMT).
Published: 10 Nov 2015

Supreme Court sets an important precedent in consumer contracts law

A motorist has lost his Supreme Court challenge against ‘unfair’ fines imposed by a car park, in a case which sets an important precedent in consumer contracts law.
Published: 10 Nov 2015

Last week VW… This week Vauxhall!

There have been reports of potential faults in the Vauxhall Zafira (Zafira B model launched in 2005) leading to vehicle fires. As a result of this, Vauxhall has carried out an investigation into the heating and ventilation systems of Vauxhall Zafira models.
Published: 29 Oct 2015

Vehicle Pre Delivery Inspection (PDI)

As the Consumer Rights Act 2015 has now been passed we have been heavily advocating that all our clients carry out thorough PDI (Pre Delivery Inspection) checks on vehicles before sale.
Published: 29 Oct 2015

Useful new FCA guidance on consumer credit applications

Those of our clients who are FCA registered often complain about navigating their way around the GABRIEL system.
Published: 29 Oct 2015

Displaying your Company name….What are you obligated to do?

A Judge recently allowed a Claimant to pursue proceedings against a Director personally rather than the limited company. The reasoning the Judge gave for allowing this was that the company did not communicate clearly to the customer/claimant that the they were contracting with a limited company. The government guidance suggests that the company name should be displayed at any address where the business operates and at the registered company address.
Published: 29 Oct 2015

Zero hour…

Something which has been a hot topic in the news for some time now, is the regulation of Zero Hour Contract, so as to crack down on their mis-use, the Department of Business and Innovation has released guidance for companies regarding the use of zero hour contracts.
Published: 29 Oct 2015

The Financial Ombudsman (FOS) and complaints

We often get calls from car dealers who feel they are being pushed into a corner by a finance company following a customer complaint. The usual scenario is that the customer has complained about a fault which the dealer has not upheld and so the customer has marched off to the finance company who worry about the complaint being escalated to the FOS.
Published: 29 Oct 2015

Granny Leave!

It was announced last week, that the Government plan to extend the new ‘Shared Parental Leave’ Rights, to grandparents.
Published: 16 Oct 2015

Travelling time maybe considered 'Working Time'

In a recent ruling, it was decided that any employee, who does not have a fixed place of work, will be allowed to claim that their travel time, to their first job and from their last job form part of the employees working hours.
Published: 16 Oct 2015

Breach of Trust and Confidence?

Section 10 of the employment Relations Act 1999 sets out the rights for workers and employees to be accompanied by a trade union representative or a fellow worker at a disciplinary hearing. This does not apply to investigatory meetings.
Published: 16 Oct 2015

Bodyshop Spray booth risks

Figures report an estimated 50 workers being newly diagnosed each year for occupational asthma, which could lead to you, as the employer having to make adjustments to the employees working conditions, or potentially becoming liable for a personal injury claim
Published: 16 Oct 2015

Where do you keep your petrol cans?

It’s a common perception to store flammable liquids in a gas store however guidance from the British Compressed Gases Association (BCGA) suggests this should not be the case!

Published: 16 Oct 2015

VW emissions scandal fallout affecting goodwill work

The VW Group, which includes Audi, SEAT, Skoda and of course VW, amongst others, faces one of the biggest crises to hit the automotive industry in living memory.
Published: 16 Oct 2015

Consumer Rights Act 2015...getting it right

Well done WMS for their proactive approach to the Consumer Rights Act 2015 however Lawgistics the legal firm to the motor trade feel that we must point out a couple of inaccuracies.

Published: 09 Oct 2015

Lawgistics Goes Bananas #B4B15

Although better known for the serious business of bringing legal solutions to the motor trade, Lawgistics have a slightly more humorous light hearted side. A side that we shall be showing over this weekend as two members of our team, ‘The Judge’ and ‘The Lawyer’ leave these shores and tear across Europe in the name of charity, (well that’s what they’ve told the office anyway), on the Bangers for Ben 2015 charity rally.
Published: 08 Oct 2015

New Rules for selling GAP insurance

From the 1 September 2015 GAP insurance products can no longer be sold at point of sale and a list of prescribed information will need to be made available to customers at least two clear days before any sale of such product can be concluded.
Published: 29 Sep 2015

Turbans in the Workplace

As from the 1 October 2015 the right for Sikhs to wear turbans, instead of safety helmets (currently only allowed on building sites) will be expanded to all workplaces, subject to various exceptions in accordance with sections 6 and 7 (Northern Ireland) of the Deregulation Act 2015.
Published: 29 Sep 2015

VW leaves the rest of the industry fuming!

We are sure you will have heard all about the VW scandals this week and the effects could be very far reaching with 16% of all vehicles in the UK being VW Group Cars. VW have admitted that they have used software in their vehicles to ‘cheat’ emissions testing, producing lower emissions results in testing than are achievable in normal driving conditions.
Published: 29 Sep 2015

Warranties - The Good, the Bad and the Ugly


As you may have seen with our earlier email update this week on the Consumer Rights Act 2015 (CRA2015) dealers will only have one opportunity to make repairs to a vehicle in the event of a fault rendering the vehicle unfit for purpose, not of satisfactory quality or not as described. If the repair is not successful or another different fault occurs the consumer will have the right to reject the goods and obtain a refund or a price reduction.
Published: 29 Sep 2015

On premises sales, off premises sale and distance contracts

Most sales by our dealers will be subject to the ‘on premises’ sales rules within the Regulations given that an on ‘on premises’ sale is defined in the Regulations as a contract between a trader and a consumer which is neither a distance contract nor an off premises contract.
Published: 29 Sep 2015

Bangers for BEN2015. Please Help

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Here comes the Law....HOO RAH! The boys are ready. The car is ready...almost. All we need are the donations. Help us to help BEN give us whatever you can. The more you give, the faster we go and while we do not in any way condone breaking local traffic regs, we will be disappointed if we dont pick up at least one speeding ticket.

Published: 15 Sep 2015

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