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Co-OpAccess all documents on Statutory compensation
Under the Protection from Harassment Act 1997 (PHA 1997), pursuing a course of conduct that amounts to harassment is a criminal offence; the Act also creates a civil wrong permitting claims for damages and supporting injunctions. Both the High Court and the county court may grant injunctions restraining harassment to protect individuals. Where a client cannot rely on Pt IV of the Family Law Act 1996 (FLA 1996) because eligibility criteria are not met, or where compensation is sought for anxiety caused by harassment and for any resulting financial loss, recourse may instead be available under the PHA 1997. Conversely, if the harasser and the victim are ‘associated persons’ as defined in FLA 1996, s 62(3), the FLA 1996 often provides broader and potentially more suitable remedies, particularly where occupation of the family home is in issue. Proceedings brought under the PHA 1997 are not treated as ‘family proceedings’, and applications are determined under the Civil Procedure Rules 1998, SI 1998/3132 (CPR). Criteria The relevant statutory provisions are...
This flow diagram outlines the steps for submitting a compensation event claim seeking extra time to finish the works and/or extra payment under the NEC3 Engineering and Construction Contract...
In this issue: Electricity and gas market regulation and licensing Networks and grid connections Renewable energy Capacity Market, balancing services and system flexibility Air emissions, efficiency and climate change International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Energy resources on Lexis+® Electricity and gas market regulation and licensing DESNZ has opened a consultation to strengthen Energy Ombudsman (EO) powers. It will concentrate on complaints from domestic energy suppliers, small enterprise complaints against non-domestic suppliers, and heat network complaints. Electricity and gas networks and third-party intermediaries will instead be consulted on separately. The plans include shortening the escalation period for complaints from eight to four weeks, allowing automatic compensation where EO decisions are not put into effect promptly, and granting the EO a statutory designation. DESNZ has also stated that Ofgem will regulate third‑party intermediaries, including energy brokers and price comparison sites, which have previously operated...
In this issue: Horizon scanning Worker status and categories Immigration Pay Remuneration Taxation Diversity and the gender pay gap Maternity, parents and carers Whistleblowing Data protection and staff information Confidentiality, obligations and restrictions: enforcement Financial services and banking: employment matters Bribery, modern slavery, tax evasion and fraud Issues arising on termination Employment Tribunals Civil courts and alternative dispute resolution Dates for your diary Trackers Employment resources on Lexis+® LexTalk® Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning Updated Employment Rights Bill to be considered by the House of Lords The updated Employment Rights Bill (ERB), transmitted from the House of Commons to the House of Lords, was issued on 14 March 2025. Its second reading in the House of Lords is scheduled for 27 March 2025...
Original news Ms N (CAS-124815-S6D7)—26 May 2025 Summary The Pensions Ombudsman upheld a complaint concerning a delayed pension transfer. The complainant was awarded compensation for significant distress and inconvenience. However, she was not awarded compensation for financial loss because the Pensions Ombudsman was not persuaded about how she would have invested the transfer, and adding statutory interest to the transfer yielded a sum lower than the actual transfer value. This decision serves as a reminder that, in a pension transfer delay case, a member must evidence financial loss. What were the facts? Ms N was a member of the Scottish Widows Executive Pension Plan (the Scheme). Ms N’s ex‑husband (Mr N) was the trustee director of the Scheme in this specific case...
Section 30(1)(f) of the LTA 1954 A landlord looking to resist the grant of a renewal lease on redevelopment grounds may rely on section 30(1) of the Landlord and Tenant Act 1954 by citing ground (f). They must show that, upon the termination of the present tenancy, they intend to demolish or reconstruct the premises within the holding (or a substantial part), or to undertake substantial construction works to the holding or any part of it, and that these works could not reasonably be carried out without obtaining possession. This Practice Note sets out the necessary elements to establish this ground of opposition, including proving the ground (f) intention, the evidence supporting that intention, and the nature of the works. It also addresses the tenant’s potential reliance on section 31A of the LTA 1954 and the availability of statutory compensation under section 37. Section 30(1)(f) of the LTA 1954 provides that one of the grounds on which a landlord may oppose the grant of a new lease...
This Practice Note is a practical ‘how to’ guide on managing consumer complaints. It is a clear and commercially focused document that sets out the processes, systems, policies and procedures organisations should have in place, from first contact with a consumer, right through escalation, to the subsequent PR handling and management of adverse publicity. Consumers are a sub-set of all customers. This Practice Note concentrates on specific individuals acting for purposes that are wholly or mainly outside their trade, business, craft or profession. Where this note expressly refers to customers, it means customers in their consumer capacity. Where appropriate, this Practice Note signposts readers to additional detailed content on relevant consumer law and related practice, where necessary. Why is good customer service necessary? It is vital that customers have a positive experience with the trader so they return again and again. Customer service processes and procedures must be capable of looking after customers, whatever the issue, and complaints must be dealt with promptly when they arise, both from...
Interest Interest is a key concept within UK tax law. In particular, a duty to withhold UK income tax can arise on payments of specified categories of interest; for further detail, see Practice Note: UK withholding tax on yearly interest. Be aware that, from 6 April 2016, the tax deduction scheme for interest (TDSI) no longer applies. Broadly, before 6 April 2016, the TDSI obliged a deposit-taker (ie a bank) to deduct UK income tax from interest paid or credited before 6 April 2016 on a deposit held by a UK resident individual, an individual’s personal representatives or trustees. For interest paid or credited on or after 6 April 2016, alongside the abolition of the TDSI (given effect by removing section 851 of the Income Tax Act 2007 (ITA 2007)), an express exemption confirms there is no requirement to withhold UK income tax under ITA 2007, s 874—ie the rule to deduct UK income tax from yearly interest—where the payment is made by a deposit-taker and the investment is...
This overview sets out general information and guidance on unfair dismissal claims, the deadlines for issuing a claim, who may qualify to bring one, the statutory tests for fairness where an employer intends to end an employee’s employment, and the remedies available if a claim succeeds. Your employment solicitor can offer tailored advice based on your situation and circumstances if required. What is an unfair dismissal? Under the Employment Rights Act 1996 (ERA 1996), an employee has the right not to be unfairly dismissed by their employer. A dismissal is unfair if it fails to meet the requirements of the ERA 1996...
[ contact’s name, position and department ] [ name of company ] [ address ] [ Your reference ] [ Our reference ] Dear [ insert contact name ] [ title and date of agreement and names of parties ] (the ‘Agreement’): Outstanding debt We write in connection with our [ [ invoice reference [ insert reference ] ] OR [ application for payment dated [ insert date ] ] ] [ and our correspondence to you dated [ insert date(s) ] ]...
INSOLVENCY ACT APPLICATION NOTICE Use with an application notice complying with Insolvency (England and Wales) Rules 2016, SI 2016/1024—see Form IAA (IR 2016, r1.35 VAR) and corporate insolvency application notice. Case No: [insert]. Court: High Court (Business and Property Courts—Insolvency and Companies List (ChD)) or County Court at [insert]. Between [Applicant(s)] and [Respondent(s)]. Matter: [company] and the Insolvency Act 1986. Under s212 Insolvency Act 1986. Applicant(s): [names/addresses]. Respondent(s): [names/addresses]. Heard by [judge level] at [court/hearing centre]. Within existing proceedings? YES/NO. Court ref: [insert]. Declaration that Respondent(s) breached fiduciary/trust/statutory duties by causing or permitting the Company to [details]. Order that Respondent(s) [jointly and severally] account to Applicant(s) (liquidator(s)) for [sum], or as the Court thinks fit. Alternatively, equitable compensation/damages of [sum], or as the Court decides. Interest in equity or under s35A Senior Courts Act 1981 at rate and period the Court thinks fit. Costs of and incidental to this application. Further or other relief as the Court thinks fit....
Sold as seen ‘Sold as seen’ lacks a precise statutory definition, yet commonly signifies that the property is transferred exactly as it stands at the moment of sale—i.e. no warranties or assurances are provided about its state, condition, or faults or defects. When used in relation to chattels, it typically conveys that no assurances or guarantees are offered concerning those particular chattels or their condition...