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In the second reading of the Enterprise and Regulatory Reform Bill Vince Cable confirmed that he will be making amendments to the Bill at the committee stage to increase the use of settlement agreements (currently compromise agreements). Little detail was given as to how such agreements would work in practice but they will go further than the current ‘without prejudice’ rule as there will be no need for an existing dispute. Genuine ‘without prejudice offers’ made in an ongoing dispute cannot be adduced as evidence in Tribunal, where as offers of settlement agreements may be. The Shadow Business Secretary (a former employment lawyer) raised concerns whether the relationship of trust and confidence would be able to survive an employee rejecting a pay-off offer made out of the blue without him or her having done anything wrong. Such a situation could lead to a claim of constructive dismissal and therefore begs the question whether settlement agreements will “ease the handling of workplace disputes”.
Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.
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One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.
Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.
A landlord’s claim for summary judgment to recover rent and service charge arrears accrued since the start of the pandemic against a non-essential retailer succeeded. Like London buses, a second such case has followed hot on its heels.
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