Docklands Solicitor

Latest legal news from Docklands Solicitors, Kaslers Solicitors LLP.

Tuesday, 20 April 2010


Planning Permission

Did you know that since 1st October 2008 if you install raised decking in your garden it is necessary to seek planning permission if it is raised by more than 1ft above the ground or if it would cover more than 50 % of your garden.

These measures were introduced to combat risk of flooding from overdevelopment of gardens.

For further information please contact Kaslers Solicitors LLP

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Monday, 19 April 2010


4networking in Docklands

Kaslers Solicitor LLP are looking to set up a 4Networking group in Docklands. Interested? Please ring Selwan Yousif 0207 712 1751 



Unfair Dismissal

The Government confirmed that from 1 February 2010, the maximum compensatory award that may be made in unfair dismissal claims will be reduced to £65,300 (from £66,200), to take into account the fall in the Retail Price Index. However, there is no change to the limit on a week's pay which will remain at £380.

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Wednesday, 14 April 2010


Franchisors beware!

Normally when a buyer enters into a transaction, he is responsible for checking out matters himself - 'caveat emptor' or 'let the buyer beware'.
However, in a franchise situation, the Courts may well hold that the experienced franchisor has a duty of care to a novice prospective franchisee for example, in such matters as advising them of the likely cost of a shop fit.

It is tempting to paint too rosy a picture when trying to entice a prospective franchisee into paying a franchise fee and a recent court case has shown how dangerous that can be

Call Michael Breeze 07 900 195 195 for advice on commercial matters

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Saturday, 10 April 2010


Employment Tribunals

In the recent case of Shah v First West Yorkshire it was confirmed by the Employment Tribunal that where an employee was on sick leave and was therefore unable to take his/her full entitlement of holiday leave, the employee was allowed to carry over the un-used holiday into the next holiday year.

The ET stated in the case that under the Working Time Regulations, Regulation 13(9) “Save where a worker has been prevented by illness from taking a period of holiday leave, and returns from sick leave, with insufficient time to take that holiday leave within the relevant leave year; in which case, they must be given the opportunity of taking that holiday leave in the following leave year.”

This case marks a significant victory for employees. Employers can now expect to be faced with requests, to carry over unused holiday leave in similar circumstances.

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Thursday, 8 April 2010


Parental leave entitlement to be increased

The EU Council of Ministers has adopted a new Parental Leave Directive.

This will affect UK law by increasing the parental leave entitlement.

Parental leave entitles birth and adoptive parents and those with (or expecting to have) parental responsibility for a child to take unpaid leave for the purpose of caring for that child.

EU law currently provides that this entitlement should be at least three months unpaid leave for each child.

In the UK under the Maternity and Parental Leave Regulations 1999, it allows parents satisfying the eligibility criteria (e.g. employee must have one year's continuous service) to take up to thirteen weeks unpaid parental leave for each child. Such leave must be taken before the childs fifth birthday (or 18th birthday, if the child is disabled).  However, employers are entitled to postpone an employee's leave where it considers that its business would be unduly disrupted by taking the parental leave entitlement.

The new Parental Leave Directive requires that entitlement must be increased to at least 4 months per child.

All EU Member states have been given two years to implement this change.


This change serves as a reminder that parents have a statutory entitlement to take unpaid leave in certain circumstances. This is in addition to statutory maternity, paternity and adoption leave entitlement.

Although the new Directive will not have an immediate impact in the UK, employers and employees should be aware that the Government will be required to introduce new legislation to increasing parental leave entitlement in the next couple of years.

For advice on any employment matters contact Selwan

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Tuesday, 6 April 2010


Legal Advice on Contracts

In the recent case of Bishops Wholesale News agency Limited and others v Surridge Dawson Limited (2009), it was decided that the terms of negotiated agreements will not be altered by the court just because they are more favourable to one party than the other, particularly if the parties have received legal advice.

It is therefore extremely important that contracts are carefully drafted by experienced and knowledgeable solicitors. For expert advice contact Selwan Yousif on 0207 712 1751

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Thursday, 1 April 2010


Make a Will before its too late!

If you make a Will your estate ie all your money, property etc goes to the people you choose. If you do not make a Will, the law decides who should inherit! Which option would you prefer? Telephone Vanessa Adamson on 01622 844607 for further details

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Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to if you need legal advise about any of these issues

Kaslers Solicitors LLP is a limited liability partnership registered in England under LLP no. OC310653; authorised and regulated by the Solicitors Regulation Authority under reg no 408936; governed by professional rules set out in the Code of Conduct click here to visit and has its registered office / main trading address at Suite 3, 10 Churchill Square, Kings Hill, West Malling, Kent ME19 4YU - tel: +44 (0)845 270 2511; fax: +44 (0)845 270 2513; DX 92863 West Malling.
The LLP Members are Michael D Breeze LL.B (Hons) (SRA reg no 110184) and Simon McCree Scott LL.B (Hons) (SRA reg no 298202).