newsletter spring 2005
Welcome to the edition of our newsletter, which is available online at our website and in hard copy on request; please let us know if you would like to receive a copy. Your comments on our newsletter and what you would like to see in it are always appreciated-if you have any comments please email David Vaughan-Birch. The contents of this newsletter are intended for guidance only; if you would like specific advice please contact us.
new IT at Cleggs
Our clients know that we have always had direct-dial access to all of our fee-earners, so that they can speak to the person dealing with their matter whenever they need to. We have now taken that process one stage further! All of the department heads can now be contacted by mobile telephone as well, when they are out of the office. We have also just installed a new telephone system which is equipped with voicemail, and a new computer system. The new computer network will have faster access to the internet, as well as being equipped with the latest office and accounts software. Ian Torr, Cleggs' managing partner, said "We have always invested heavily in information technology so that we can give our clients the best and most efficient service possible. Our new systems will allow us to take advantage of the new technology now available, to ensure that we continue that tradition".
cleggs involved in major housing development
We are very pleased to have been appointed to Bellway Homes' solicitors panel. Bellway is one of the largest builders of new homes in the East Midlands, with sites at Charlton Park Chilwell, Parkside Wollaton, Lakeside Park Sutton-in-Ashfield, Chaworth Place Watnall, and Darwin's Place Bestwood. Our conveyancing team of Jane Burton and Nicky Pritchard, led by partner Mark Williams, are dealing with the purchases of new homes on these exciting new developments.
employment: disciplinary codes-whether you want them or not!
Many employers have not given their staff contracts, or if they have they are often out-of-date and do not cover many of the issues that are vital to protect both employers and employees. The government has now acted to intervene by imposing a disciplinary code on all employment contracts (whether written or unwritten), which both the employer and employee can rely on if their contracts don't contain one, as from 1 October 2004. There are two procedures-the first deals with dismissal and disciplinary issues, and the second deals with grievance procedures. These new procedures set minimum standards, and wise employers will go beyond them by ensuring that their contracts are modern and up-to-date. A dismissal will be automatically unfair if the code is not complied with for reasons which are 'wholly or mainly attributable' to the employer. In addition, the Employment Tribunal is now required to increase compensation by between 10 and 50% if the procedure has not be followed by the employer.
high hedges-the new law
Cupressus leylandii-the botanical name for the Leyland cypress-is best known perhaps for causing more disputes between neighbours than anything else. These trees can grow to immense heights very quickly, blocking out light and growing over fences. Until now, the law has been powerless to intervene unless the hedge caused a nuisance. However, the introduction of part 8 of the Anti-social Behaviour Act 2003 now allows local authorities to take action if an owner of domestic property complains that their "reasonable enjoyment" of their property has been adversely affected by the height of a hedge on neighbouring land. The local authority will take all relevant factors into account, including the views of the owner of the hedge and the effect of the hedge on the wider amenity of the area. If it is satisfied, the local authority can issue a remedial notice and take action if the owner does not. However the local authority will not get involved unless all other avenues have failed, including negotiation, and cannot get involved at all unless the hedge is at least 2 metres tall and is comprised of 2 or more evergreen or semi-evergreen shrubs.