LEGAL SERVICES FOR YOUR BUSINESS 20 March 2023 | AshtonsLegal.co.uk
Business Law Insights
In our latest business law update, you can find insights from our commercial law teams on the following issues:
Commercial Property
Employment
Agriculture
Regulatory & Road Transport
Dispute Resolution
- Meet our Property Disputes team
Ashtons Legal News
Bumper Year for Deals at Ashtons Legal
Ashtons Legal is delighted to report on a bumper year for their Corporate and Commercial team in 2022, which saw them complete a record number of deals.
The 15-strong corporate and commercial team have seen a sharp upturn in business sales, acquisitions and management buyouts and have also worked with a number of organisations demerging and seeking investment in their businesses.
Our commercial lawyers work closely with other specialist teams within Ashtons – commercial property, employment, regulatory, dispute resolution, business recovery, agriculture and franchising, to name a few. Our experts are highly rated, ranked very highly by legal commentators but also by our clients – the firm is ranked number one for company and commercial law in Cambridge by Review Solicitors.
Commercial Property
Are you ready for 1 April 2023?
The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (SI 2015/962), often referred to as MEES, (“Regulations”) are changing.
After 1 April 2023, a commercial landlord will be in breach of the Regulations if it lets a property under a new or existing lease when the energy performance certificate (“EPC”) rating of the property is below an “E” rating.
What do you need to do?
Landlords are advised to check the current EPC ratings of their properties and commission an EPC certificate where there is not a valid one in place.
Where the rating is below “E” then works may need to be undertaken to increase the energy performance of the property. Various exceptions are available.
Landlords should be aware they do not have an automatic right to enter the property to conduct improvement works and may not be able to recover the cost of such works from the tenant. It will be necessary to review the terms of each lease to advise on the position.
Click 'read more' or the button below for full details on the potential impacts and any exceptions on your business.
Employment
Menopause and the workplace: Government update
The Women and Equalities Committee produced a report titled “Menopause and the workplace”, which contained recommendations to the Government for how those going through the menopause could be better supported.
The Government has now responded to these recommendations, and we have outlined what the Governments response means for employers.
Ashtons Legal can assist in implementing menopause policies for employers.
Government response to flexible working consultation
In January 2023, the Government published its response to the “Making Flexible Working the Default” consultation launched back in September 2021.
Currently, there is no timeline for when the changes will be implemented. However, the Government has recently confirmed its support for the Employment Relations (Flexible Working) Bill, which addresses most of the proposals in the consultation response.
Ashtons Legal can assist in updating the details of policies and procedures.
Agriculture
Some Key Upcoming Developments and Changes in the Agricultural Sector
The changes in the agricultural sector following Brexit are an ever-moving feast, and so it is worthwhile to take a look at where the developments stand at this point in time.
Countryside Stewardship (CS)
In a bid to increase participation in CS schemes from 34% of all farms to 70% by 2028, the government will continue the accelerated rollout of the enhanced CS scheme, including a new higher-tier capital-only grant.
Sustainable Farming Incentives (SFIs)
Six additional standards have recently been added to the SFI in 2023, including hedgerows, grassland, arable and horticultural land, pest management and nutrient management. These are in addition to the existing three actions on soil health and moorlands brought in in 2022, which have already been adopted by nearly 1,900 farmers.
Other developments
Across the board, there has been a recent announcement that there will be an increase in payment rates across all environmental schemes currently available in an endeavour to make them more attractive to farmers and especially those of smaller holdings.
Regulatory & Road Transport
DVSA investigations – what to do?
When a container lorry, or one carrying other goods, is stopped and checked by the DVSA at the roadside or at a port, what happens next?
Assuming all is well – nothing. However, it may also be the start of an invasive and painful process for the haulier. This document sets out below how things can play out. And what to do.
DVSA investigations into a road transport operator’s compliance now take two main formats: there will either be actual visits to an operator’s premises or, very frequently now, desk-based assessments (DBAs).
Road transport – operator’s licence: when is a lorry ‘in use’?
When are vehicles regarded as being used for Operator’s Licence purposes? Is your operator’s licence large enough to cover all the vehicles in possession in use?
The question is an important one. An Operator must have a sufficiently large Operator’s Licence for its fleet and sufficient financial standing to satisfy the Traffic Commissioner’s finance requirements based on the vehicles it has. Operator centre parking capacity must be sufficient for lorries and trailers.
Pictured L-R: Sheree Richardson, Kirsteen Durrant, Jasdeep Rai.
Dispute Resolution
Meet our Property Disputes team
We'd like to introduce our Property Disputes team and how they can assist your business.
Who are the team?
Kirsteen Durrant, Partner: Kirsteen leads the team and has experience in commercial lease disputes, breach of covenant, rent arrears, business interruption, 1954 Act renewals and terminations, forfeiture, break notices, dilapidations, enfranchisement, rights of first refusal and also, adverse possession, rights of way, boundary disputes, easements, trespass, nuisance, bailment, residential possession, rent charges and the Party Wall Act.
Jasdeep Rai, Associate: Jasdeep has experience with pure property disputes, such as boundary and adverse possession claims.
Sheree Richardson, Solicitor: Sheree has expertise in non-commercial disputes such as adverse possession, rights of way, boundary disputes, restrictive covenants, easements, trespass, rent arrears, tenancy deposits and possession of residential premises.
Yasmin Natt, Solicitor: Yasmin’s expertise is in commercial disputes such as 1954 Act renewals and terminations, break notices, forfeiture and dilapidations and residential possession proceedings.
Ashtons Training Programme
These interactive courses are jointly run by Ashtons Legal and Ashtons HR Consulting in person or on Microsoft Teams.
The current dates and topics are:
- 26 April - Appraisals and Performance Management
- 17 May - Data Protection in the Workplace
- 23 May - Equality & Diversity in the Workplace
- 15 June - A Practical Guide to Disciplinary Issues and Fair Dismissals
- 13 September - Immigration and Right-to-Work Checks
- 11 October - Managing Mental Health, Wellbeing and Resilience
- 15 November - 2 Parts: Employment Law Awareness for Line Managers
All the info you need to know is on our Eventbrite where you can book your place!
Please remember that Ashtons Legal is available to assist you and your business with their full range of business, individual and injury law services including commercial and residential property, corporate advice, dispute resolution, family law, estate planning, personal injury and medical negligence.
We Can Help You
For specific advice for your business, please get in touch with us by calling 0330 404 or email enquiry@ashtonslegal.co.uk.
The consultants at Ashtons HR Consulting are able to assist you with specialised advice from experienced HR Consultants. You can contact them by calling 0333 222 0989 or by emailing enquiry@ashtonhrconsulting.co.uk.
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