The Legal Expenses Insurance Directive makes it clear that where recourse is had to a lawyer, an insurance company cannot prevent their insured from selecting the solicitor of their choice to conduct legal proceedings.
In the recent case of Jan Sneller –v- DAS the European Court of Justice considered whether an insurance company could provide terms that restricted the circumstances in which recourse could be had to a lawyer. read more
Ms Whittlestone was a care worker who was paid £6.35 per hour for time spent attending to clients at their homes. As part of her duties, she was also required to sleep over at the homes of service users, in case the clients needed help during the night. For this, she was paid £40 a night in place of the hourly rate, from 11PM-7AM. She brought a claim in the Employment Tribunal arguing that the minimum wage was payable for each hour of the night, even though she was asleep and was not in practice ever required to do any work during this period. read more
Under the Equality Act 2010, “the Act” all providers of services and accommodation have a duty to not discriminate against a disabled person.
A person will be considered to have a disability under the Act if they have a physical or mental impairment which has a substantial and long-term effect on their ability to carry out normal day-to-day activities. This is a wide definition which in addition to physical impairments can include sensory impairments, learning disabilities and progressive illnesses. read more
On the 4 November the Mobile Homes (Wales) Bill was granted Royal Assent and has been made into law as the Mobile Homes (Wales) Act 2013.
The Act introduces significant changes to the site licensing regime and provides further provisions for the management of the park. read more
Since 2006 the Mobile Homes Act 1983 (as amended) has included a specific role for qualifying residents’ associations on mobile home sites. An association that meets specific conditions must be recognised by a park owner and will have certain consultation rights under the implied terms of the Written Statement. read more
The resale of electricity and gas is subject to a maximum resale price which is set by Ofgem. Since 1 January 2003 the maximum price at which electricity and gas can be resold is the same price as the reseller was charged by the supplier, including any standing charges. read more
Still only 22 settlements during September out of a possible 29,000. Many customers are reluctant to accept an offer that ignores the long term damage the swap has done to their business.
If a bank accepts that a swap has been mis-sold, it will suspend the swap and put on hold the collection of any future payments under the swap. The bank will offer ‘basic redress’ i.e. the difference between the cost of the mis-sold swap and an alternative product and/ or break costs. This does not include consequential losses. read more
Under the Copyright, Designs and Patents Act 1988 to be able to play copyright music in a public place you must have the permission of the person who holds the copyright to each song being played.
To seek permission from every copyright holder would be an impractical situation therefore PRS for music provide a single licence that allows copyright music to be played in public without having to contact each copyright holder. read more
This autumn we will be delivering seminars based around avoiding unforced errors in the sales process for holiday units
On the 25th September Peter Black’s Mobile Homes (Wales) Bill completed its legislative passage through the National Assembly of Wales.
The changes that will be introduced are significant. read more