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Website Articles for August Legal ruling gives new rights to Britains six million carers Britain to opt in to new EU Regulation on contract disputes Private Rented Sector to outstrip other types of investment property New guide to speeding up planning partnerships Manufacturer takes legal action to protect its trademark Energy saving allowance extends to corporate landlords Bill to provide fairer regulation for businesses receives Royal Assent Three million homeowners plan to move house theyll all need HIPs Man who worked 25 years for nothing loses claim to inherit farm New Public Guardian promises to improve processing of LPAs Legal ruling gives new rights to Britains six million carers Britains six million carers who look after disabled family members and elderly relatives will now enjoy greater legal protection following a ruling by the European Court of Justice. The court ruled that it is unlawful to treat an employee less favourably than others because of their association with a disabled person. The case involved legal secretary Sharon Coleman and her son Oliver who was born with a rare condition affecting his breathing and hearing. Ms Coleman claimed she was forced to resign because she was harassed by her employers and denied the right to work flexible hours even though such arrangements were available to other employees. She took the case to an Employment Tribunal which referred the matter to the ECJ for a ruling on whether disability discrimination by association in unlawful. The court ruled in her favour saying that the EU Directive banning discrimination in the workplace on the grounds of disability did not only protect the disabled themselves. It also extended to those who care for the disabled. Ms Colemans case will go back to the Employment Tribunal for a hearing in the light of the new ruling. The facts of Ms Colemans case have yet to be determined by the Tribunal but the ruling ensures that the law now provides protection on the grounds of someones association with a disabled person. It will also offer protection to those caring for elderly relatives. Sharon Coleman, whose case is being backed by the Equality and Human Rights Commission, said:All I was ever asking for was an equal playing field with the same flexibility afforded to my colleagues without disabled children. This has been a long, hard battle and it is not over yet, but I am thrilled that the European Court has ruled in my favour. This decision will mean so much to so many people. Please contact us if you would like more information about the rights of carers in the workplace or any aspect of employment law. Britain to opt in to new EU Regulation on contract disputes The Government has decided that Britain should opt in to new EU regulations for dealing with cross border contract disputes. Such disputes are currently governed by the 1980 Rome Convention on the Law Applicable to Contractual Obligations. The EU Council of Ministers has now agreed new rules known as the Rome I Regulation. The existing Convention does not harmonise contract law across the EU but it allows courts to determine which countrys law should apply if the parties have not already reached an agreement in advance. Rome I has several subtle differences. For example, courts would be able to apply the law of the country with which the situation has its closest connection. This could apply even where the parties involved had chosen the laws of a different country. The UK Government had originally opted out of Rome I but now it says it plans to seek permission to opt in. The Ministry of Justice believes the Rome I proposal will provide clarity over which law applies if a dispute arises over a contract made between people or businesses from different countries, allowing cross border trade to continue with confidence. The Government undertook a consultation on the issue and says the overwhelming response was that Britain should opt in. Rome I comes into effect on 17th December next year. The Government will now seek consent from the European Commission to see if Britain can opt in at the same time. Private Rented Sector to outstrip other types of investment property The value of the Private Rented Sector now exceeds that of all privately-owned commercial property, according to research carried out for the Association of Residential Letting Agents. The researchers estimate that the sector is worth 500bn thats more than the combined total of all privately-owned commercial property including offices, shops, hotels, factories and leisure facilities. Their report forecasts that rents will rise significantly in the short term and the sector will continue to outperform other kinds of investment property. The research was carried out on behalf of ARLA by Professor Michael Ball, Professor of Urban and Property Economics, at Reading University. Prof Ball predicts that rents will rise by between 10 and 15% both this year and next. In spite of this, he says that the modern Private Rented Sector is helping to stabilise housing because it accommodates those who, by this stage in the housing cycle, would be over-stretched borrowers with rising negative equity. It means that the problems of the 1990s, when negative equity prolonged the housing market recession, are less likely to occur in this current downswing. The report, entitled The Modern UK Housing Market Origins and Prospects, says: House prices will almost certainly increase faster than commercial real estate over the longer term, as housing supply is less responsive to demand than commercial property but consumers demand more housing as living standards rise. Affordability problems are likely to continue even if the housing supply increases. The current 56% of 30-34 year olds who are able to afford a purpose build flat will fall to 45% by 2016 and only 34% by 2026. A steady growth in the number of private tenancies of about 3% a year is expected. At this rate, renting will sustain its current overall share of housing provision. The report points out that residential property investment is driven by the prospect of capital gains. It says: Capital appreciation has been good over the long term. Real house prices rose by 4.2% a year on average between 1981 and 2003, while capital values for commercial property fell by 1.2% by the same measure. New guide to speeding up planning partnerships The Government has published a new guide to help speed up planning partnerships between developers and councils. The guide, drawn up by the Department for Communities and Local Government, sets out what should be done within voluntary Planning Performance Agreements (PPAs) between authorities and developers dealing with complex planning applications. The aim is to reduce the number of problems and streamline the planning system. The PPAs commit both parties to a framework containing milestones such as an agreed timetable to replace the standard 13 week target for reaching a decision. A statement from the department says: All PPAs that meet agreed timetables will be excluded from the standard 13 week decision threshold meaning developers no longer have to worry about target disincentives. The agreements should also clarify in advance what level of evidence, resources and community engagement are required, and ensure that all relevant aspects such as sustainability assessments and design standards are properly considered. Planning Minister, Iain Wright said: "The pressures on housing supply and the challenges faced by those involved in delivering high quality, sustainable development continue to increase. "We are committed to improving the planning processes which is why we introduced Planning Performance Agreements. They make a real difference to bringing forward quality new development through better project management." Manufacturer takes legal action to protect its trademark A manufacturing company has successfully taken legal action to protect its trademark against infringements by another firm with a similar name. ALM Manufacturing had registered ALM in respect of household goods which it made and sold. It then discovered that another company was advertising household and garden products under the name ALM Imports and Exports Ltd. None of the goods sold by this second company were marked as ALM but its letterheads and business cards did display the name ALM in one way or another. ALM Manufacturing applied for a summary judgment to prevent the second company using the trademark. The second company defended the case saying that none of its products carried the brand name ALM and so therefore there was no infringement of trademark. It also said it never used the letters ALM alone but always added Imports and Exports. In addition it said that it had never heard of ALM Manufacturing and so even if it did infringe the trademark, it was entirely innocent in doing so. The court, however, rejected this defence. It held that whether or not the infringement was intentional was irrelevant. The main issue was whether or not an infringement had taken place. The second company had used ALM prominently on its literature and so in the courts view it had no realistic prospect of defending a claim brought against it for infringement. Summary judgment was therefore granted in favour of ALM Manufacturing. Energy saving allowance extends to corporate landlords The Government has announced that its plan to extend the Landlords Energy Saving Allowance to corporate landlords has received formal state aid approval from the European Commission. The scheme is effective from 8th July this year. Landlords can claim up to 1,500 a year per property against the cost of installing energy-saving items such draught proofing and floor insulation. Visit  HYPERLINK "http://www.hmrc.gov.uk/manuals/pimmanual/PIM2015.htm" http://www.hmrc.gov.uk/manuals/pimmanual/PIM2015.htm for details on how to apply. Bill to provide fairer regulation for businesses receives Royal Assent The Regulatory Enforcement Sanctions Bill, which is designed to reduce the burden of red tape on honest businesses while clamping down on rogue traders, has received Royal Assent. The aim is to create a more flexible, risk based approach which specifically targets the worst offenders. Ministers claim it contains no new paperwork for harassed businesses and should help firms in England and Wales save an estimated 64m. One of the main proposals is that regulators should be given additional powers to tackle businesses which put people or the environment at risk by cutting corners and then use the savings they make to enable them to undercut more law-abiding companies. There is to be a new body, the Local Better Regulation Office, to oversee enforcement. It will support local authorities and is designed to improve and simplify regulation in such areas as environmental health, trading standards, and alcohol and gambling licensing legislation. Regulators will be encouraged to focus enforcement effort on businesses most likely to cause harm, at the same time as improving advice and reducing unnecessary burdens for honest businesses. Three million homeowners plan to move house theyll all need HIPs More than three million homeowners are planning to move house in the coming year, according to research by the Alliance & Leicester. This is in spite of the slowing housing market and credit crunch which have caused so many problems over the last 12 months. The bank says 3.25 million people are planning to move but they realise that conditions are difficult and so many plan to make improvements to their property to increase its value and help it to sell quicker. A spokesman for Alliance and Leicester said: Even within the current climate, there are still millions of people who are looking to move and they are doing all they can to get the best price for their property. This trend of improving in order to sell continues, with one in five (19%) homeowners stating that they will be making improvements to their home in the next 12 months in order to add value or increase saleability. It is encouraging to see signs of confidence returning to the market. However, many of those planning to sell will find the system has changed since they last moved house. Now all sellers have to provide Home Information Packs (HIPs) for potential buyers. HIPs have now been with us for a year and they are still dividing opinion as to whether they have helped or hindered the housing market. They were introduced for four-bedroom homes in August last year. They were extended to three-bedroom homes in September and then to all homes from last December. Theyre provided by the seller for the benefit of potential buyers and must include information such as evidence of title, terms of sale and the results of standard searches. There must also be an Energy Performance Certificate (EPC) rating the energy efficiency of the property. HIPs have proved controversial and many people have questioned their value but whatever view one takes, the fact remains that they are compulsory when selling a home of any size in England and Wales. Failure to provide a HIP for potential buyers could lead to substantial fines. Please contact us if you would like more information about HIPs or any aspect of buying or selling a house. Man who worked 25 years for nothing loses claim to inherit farm The stress and anguish that can arise from a persons failure to make a will has been highlighted in the case of a farm labourer who worked without pay for 25 years on the understanding that he would eventually inherit the farm. David Thorner, who is 57, spent most of his adult life helping out on a farm in Somerset owned by his cousin Peter Thorner. He agreed not to take any wages on the understanding that he would inherit the land, worth 2m, when his cousin died. He lived on little more than pocket money from his parents in the meantime. Peter made a will leaving the estate to David. Later he made an alteration to the will relating to a completely different matter but then never returned it to his solicitor. When he died the will could not be found. In the absence of a will, other members of Peters family claimed the estate. The case ended up in the High Court which recognised Davids remarkable commitment and accepted that his cousin Peter had wanted him to inherit. David was awarded the farm with the remainder of the estate, valued at over 1m, going to other members of the family. However, Peters sisters challenged the ruling and have now won their case in the Court of Appeal. Lord Justice Lloyd said David Thorner had a strong moral claim to the farm but it would be a dangerous precedent for him to inherit it. "This is another case, where, what appear to have been a man's testamentary intentions have failed because, for whatever reason, he did not take the proper steps to put them into effect. "It may be thought that David had a strong moral claim to inherit Peter's farm, after the unstinting help he gave to Peter, both on the farm and in personal support to him in his life, over almost 30 years." However, Lord Justice Lloyd then added that there was no evidence that anything had been said "which in terms amounted to a statement, still less a promise, that David would inherit the farm. "At its highest, David's claim is that Peter said things which implied that David was to become the owner of the farm on Peter's death. "The fact that Peter did intend that David should inherit the farm, as the judge found to be the case, is not sufficient." Mr Thorner lost his case and was refused permission to appeal to the House of Lords. He was also ordered to pay costs. The case has attracted widespread publicity and illustrates the problems that can arise if someone fails to make a will or fails to keep it up to date. Anyone who has not made a will or updated it to reflect changes in their circumstances should consider doing so as soon as possible. Please contact us if you would more information. New Public Guardian promises to improve processing of LPAs Martin John has taken up his post as the new Public Guardian and has promised to tackle the problem of delays in the processing of Lasting Powers of Attorney. The Office of the Public Guardian was set up in October 2007 with the implementation of the Mental Capacity Act 2005. The Act introduced Lasting Powers of Attorney (LPA) which offer a wide range of options to people who want to prepare for a time when they may no longer be able to make decisions for themselves. The property and finance LPA allows you to appoint someone to look after your financial affairs if you become incapable of doing so yourself whereas the personal welfare LPA lets you grant an attorney authority over such matters as health care and the kind of treatment you receive. LPAs replaced the previous system involving Enduring Power of Attorney which didnt have such a wide scope. The Office of the Public Guardian needs to register LPAs before they can be used. Registration is followed by a 42-day statutory waiting period to allow people to raise objections to the registration. This waiting period is one of the safeguards built into the process to ensure that the LPA has been drawn up properly and is not fraudulent. Mr John, who has been appointed as Public Guardian and Chief Executive of the Office of the Public Guardian, said: The Office faces some key challenges in dealing with the processing of Lasting Powers of Attorney and extra resources have been brought in to tackle the delays and we are already seeing improvements. Over the longer term, I will be reviewing how well the Office and the Mental Capacity Act are working overall and we will be engaging closely with customers and stakeholders on this. Mr John had previously been working in the business development section of the new Tribunals Service. 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