Wind Turbine Case settles and Wind Turbine Bill progresses through Parliament
A landmark private nuisance case against a wind farm has reached an out-of-court settlement. The settlement terms, reached, without a court decision, is strictly confidential. This has been welcomed by wind turbine owners operators and developers who might have faced further claims if a publicly available court ruling had been made.
The Wind Turbines (Minimum Distances from Residential Premises) Bill, which has been introduced to address the increasing number of complaints against onshore wind turbines, is currently being reviewed by the House of Lords. The Bill will provide a minimum distance that wind turbines must be located away from residential premises.
The company commercial team at Myers Lister Price solicitors advise a range of clients in the energy sector – established and innovative high growth companies in wind turbine, solar power and other green energy initiatives. We also advise on energy supply agreements for commercial and industrial users of energy.
For more information on how we can help you with all aspects of business law please contact our commercial Solicitors, at Myers Lister Price Solicitors on 0845 0738 445 or email@example.com
Latest MLP Law News
- January 27th, 2016Landlords and investors: key property trends to keep your eye on this year
Residential property investors and the renewed commitment to more house building appear to be central to the government’s property policies for 2016. As a property investor or residential landlord, there are a number of key highlights we would recommend looking out for this year: The Help to Buy ISA Qualifying individuals are able to open a Help to Buy ISA that will provide a government bonus of up to £3000 to use towards the purchase of a first home. Right to rent checks The right to rent obligations under the Immigration Act 2014 will apply to the whole of England from 1 February 2016. Before renting out a property, all private landlords in England will need to check that new tenants have the right to live in the UK. Business rates reform A business rates review is in hand, which many in the property ... Read More »
- January 27th, 2016Top tips for choosing a solicitor
What do you need to look for when choosing a solicitor and law firm? Are they not all the same? Lawyers, like people, come in all shapes and sizes. So how do you choose a firm and solicitor that you will feel comfortable with and that will be able to deal with your matter properly, efficiently and with the right amount of skill and expertise? There are many factors to consider and you should ask yourself what your expectations are about speed, quality and service at the outset. Sadly, I have experienced many situations where a solicitor’s understanding of great service is completely different to that of the client. EXPERTISE Whilst expertise to a large degree should be expected, you should nevertheless establish that the solicitor and law firm have the expertise and experience to deal with your matter. How many cases like yours do they deal ... Read More »
- December 22nd, 2015What to expect in employment law in 2016
As 2015 draws to an end, we look ahead to some of the key employment law developments that are expected during 2016: Collective redundancy – the meaning of “establishment”: You’ll no doubt recall the controversy the “Woolworths case” caused back in 2013, when the Employment Appeal Tribunal decided that UK domestic law was incompatible with the European directive in relation to collective redundancy consultation obligations. That decision, which is expected to be the subject of a Court of Appeal hearing in 2016, found that “one establishment” meant the organisation as a whole, rather than individual locations, which in turn meant that the total number of redundancies to be counted when deciding whether collective redundancy consultation obligations kicked in had to be aggregated across the whole organisation. In other words, it was much more likely than before that the obligations would arise. In 2016, ... Read More »
- December 22nd, 20156 things you should know about a Charitable Incorporated Organisation (“CIO”)
1. What is a CIO? Traditionally, charities in the UK have taken the form of trusts, unincorporated associations (clubs and societies) and companies limited by shares or guarantee. For a number of years, charities lobbied for a new structure which would provide some of the advantages of being structured as a company, but without some of the more onerous administrative and reporting burdens that come with it. This resulted in the introduction of the CIO in 2013. 2. What are the Advantages of a CIO? Need to be registered with the Charity Commission, but not the Registrar of Companies; No minimum income threshold to set up; Limited liability for Charity Trustees; A designated Charity Number from the Charity Commission; A structure tailor-made for charities with less onerous filing, administrative and accounting obligations. 3. Are there any disadvantages? All CIOs must file accounts; There is no ability to offer security for financial borrowing ... Read More »
- November 18th, 2015Top 7 things businesses need to know about confidentiality agreements
What is a confidentiality agreement? A legally binding contract between two or more parties to provide a framework for the receipt and disclosure information. Also known as a non-disclosure agreement (“NDA”). When do I need a confidentiality agreement? When discussing a new business opportunity or business concept with another party. When is outsourcing work to another party, such as a contractor/ consultant. Prior to selling your business or entering discussions with potential investors. Prior to patenting an idea (after all it cannot be patented if the idea gets into the public domain). What is “confidential information”? A confidentiality agreement can often deem all information as confidential and not just obviously confidential information like a trade secret, customer details, pricing or technical information. Information about the disclosing party’s business and affairs that is not in the public domain. Information developed by the parties during the course of their (contractual) relationship which ... Read More »
- November 16th, 2015Veluppillai v Veluppillai: Exposing badly behaved litigants
In a recent family law case which has been brought to light in the media, a High Court judge made the extraordinary decision to expose the ‘abysmal’ conduct of a husband during divorce proceedings. In the case of Veluppillai v Veluppillai, Mr Justice Mostyn opted to waive the anonymity of the husband and wife in order to make public the problems faced by the courts. During the proceedings, it was reported that Mr Veluppillai had assaulted his ex-wife and her counsel at a court hearing, whilst also threatening to execute her, her lawyers and the judge in later incidents. Although this case is extreme, it highlights some of the issues that the legal system has to deal with when faced with – to use Mr Justice Mostyn’s words – ‘unrepresented and malevolent litigants’. This is just one of the potential problems that can ... Read More »
- October 7th, 2015What are the key considerations to ensure a family business is successful?
The key factors affecting family businesses can often be more complex than those facing non-family run businesses, due to the pivotal role which the family itself plays and the dynamics that are often present. If a business is badly handled and does not have a clear long-term plan for its future, issues are likely to arise further down the line which it may not be able to deal with effectively. Below is a list of eight of the key considerations that all family businesses need to think about and revisit throughout the company’s growth: What is the long term strategy? It is important for every business owner to have a long term strategy in place in order to grow the business. This strategy should be a unified vision for the future of the business, and in regards to a family run ... Read More »
- September 17th, 2015The Greater Manchester Marathon is back for 2016 – ready, set, go and book your tickets!
The time has come again for us to get our running shoes on and start preparing for next year’s flattest, fastest and friendliest UK marathon. Yes that’s right, we’re talking about the ASICS Greater Manchester Marathon and for the second year MLP Law will be proudly sponsoring the event on Sunday 10 April 2016. And this year the marathon is celebrating its 40th birthday, making this race even bigger and more momentous than last year! Just like last year, we will be offering entrants the option of taking part in the marathon alongside their work colleagues in our Corporate Challenge. As is the case when it comes to running a business, a marathon takes a large amount of dedication, preparation and determination to succeed. The Corporate Challenge is the perfect way to connect with your colleagues, encourage team building, and enjoy training ... Read More »
- September 16th, 2015What are my obligations as an employer?
For some, it’s the first question asked. For others, it’s something which niggles away at the back of the mind, sometimes until it’s too late. For all employers, however, it is a crucial question that needs to be asked whenever you employ somebody: what are my obligations as an employer? What do I have to do? Contract of Employment: Employers are legally required to provide employees with a written statement of the key terms of their employment within 8 weeks of employment commencing. This must set out things such as hours of work, rates of pay and entitlement to holiday. Some employers, especially employers taking on staff for the first time, may be reluctant to provide a more detailed contract (or perhaps even any contract whatsoever) for fear of creating too many obligations in favour of employees. However, as surprising as this may sound ... Read More »
- August 11th, 2015Getting redundancies right as a small business: 10 key questions
Dealing with redundancies can be difficult for any business. Often it feels like a quick decision needs to be made to safeguard the business and the temptation to simply announce redundancies can be overwhelming. However, smart business owners realise that taking the time to properly plan a redundancy process can save a lot of hassle and a lot of money in the long run. To help you make sure you get it right when faced with a redundancy situation, we’ve set out below the key questions which employers should always bear in mind when it comes to redundancy: How do I know if there is a redundancy situation within my business? Generally a redundancy situation arises where there is a reduced requirement for employees. This will most frequently arise where: there is a closure of a business (or part of it) or closure ... Read More »
- August 3rd, 2015The National Living Wage
The first fully Conservative budget for 19 years took place earlier this month. One of the major talking points, at least as far as employment law is concerned, is the introduction of the National Living Wage. As with all developments in the workplace, this attracted a lot of coverage in the national press, which is unsurprising given that it has the potential to have a significant impact on employers and employees alike. To help you understand what this means for you or your business, lawyers in MLP’s Employment Department have broken down the truth behind the headlines: What’s going to happen?: From April 2016, workers aged 25 or over will receive a new premium on top of the National Minimum Wage (NMW), which will be known as the National Living Wage (NLW). This will initially be at a rate of £7.20 per hour, ... Read More »
- July 30th, 2015Woman wins £164k in Inheritance Tax battle – why writing a will is still worth it
This week saw Heather Ilott, estranged daughter of Melita Jackson, win a decade-long court battle with her mother (and £164k of her estate) after she left her entire estate to animal charities upon her death. The highly publicised legal battle has been the debate of many news outlets and forums over the past week, with many questioning the point in even making a will, if it can be overturned in this way… It’s true that more wills are being contested than ever these days. This could be attributed to the rising divorce rate which is leading to more complex family structures, teamed with the fact that people in this day and age tend to be leaving more wealth. But why, in this case, did the courts overrule the wishes of a women who, in sound mind, had expressly stated she didn’t ... Read More »
- July 22nd, 2015Is your business too reliant on key individuals?
A few months ago, the media was awash with stories about Jeremy Clarkson’s unceremonious dismissal (or “non-renewal of his contract” as the BBC described it) from his position as host of Top Gear. If truth be told, we didn’t learn a great deal from the countless commentary pieces we saw, each of which simply set out how the BBC should have gone about its disciplinary process. We didn’t learn a lot because that side of things was all fairly straightforward, surely?: a man (allegedly) assaults his colleague whilst working on location and is dismissed for gross misconduct. What could be more simple? Except it never looked like it was going to be that simple and the reason for that was obvious – this man, whether you like him or hate him, was the face of the BBC’s most commercially successful output, a ... Read More »
- July 7th, 2015Do endorsements or online reviews contribute to your business’ success?
If they do, then you need to consider the Competition and Markets Authority’s (CMA’s) recent report on its call for information on online reviews and endorsements. It launched its call for information in February 2015 when it became aware of the potential for misleading or distorting messages being sent out to customers. The aim of the call for information was to better understand the use of endorsements and online reviews, and also to see how the content of reviews and endorsements could be influenced. Why does it matter? Keeping abreast of law in this area is important because if you unintentionally mislead customers then you could be breaching consumer protection laws and industry advertising standards. The CMA is a particularly important organisation to take note of because it has enforcement powers, and it can use its findings to lobby for legislative change, often ... Read More »
- June 16th, 2015What is a Deputy?
When someone has lost mental capacity and they do not have a Power of Attorney in place then you can apply to the Court of Protection to become that person’s deputy. This means that you will be authorised by the Court of Protection to make decisions on their behalf. This is extremely useful to families when they need to care for loved ones who aren’t able to look after themselves. What type of Deputy can I be? There are two types of deputy and you can apply to be one type of deputy or both. The property and financial affairs deputy will provide you with the power to handle such things as paying bills, organising a pension and buying food. The personal welfare deputy is able to make decisions about medical treatment and how someone is looked after. You may also be able ... Read More »
- May 21st, 2015Top 5 things to think about when considering a shareholders agreement…
What are the top 5 things you need to think about when considering a shareholders agreement? If you are considering setting up a company with family and/or friends or entering into a joint venture, you should consider putting a shareholders agreement in place. The company’s Articles of Association (it’s rule book) will give some basic guidance. Standard Articles will not deal with the finer detail so as to provide sufficient clarity and certainty as to what can, or cannot be done within the business. A shareholders agreement (which ideally ought to be put in place in the early stages) can: reduce the potential for conflict, lead to much greater protection of a shareholders investment, set out various guidelines as to how the business is governed and remain a private document. You should carefully consider the following questions before putting a shareholders agreement in ... Read More »
- May 20th, 2015New research shows unpaid invoices are costing UK SMEs thousands
Last year it was estimated that UK SMEs employed 15.2 million people and had a combined turnover of £1.6 trillion. These enterprises have an extremely important role to play in driving growth and creating jobs, and are often described as being the ‘lifeblood’ of our economy. That said, SMEs often face huge challenges, particularly concerning cash flow. Research we recently conducted found that, quite startlingly, SMEs in the UK are losing thousands of pounds and days of resource annually as a direct result of overdue invoices. We conducted the research in the hope that it would help shed some light on the extent of the cash flow problem in UK businesses. Indeed, latest figures from Bacs Payment Schemes found that SMEs across the country are facing a £8.2bn annual shortfall as a direct result of unpaid invoices. Our research attempted to delve deeper ... Read More »
- May 19th, 2015What should you do if you receive a letter from Getty Images on copyright infringement?
Getty Images, Inc. is an American stock photo agency who supply stock images for business and consumers with an archive of 80 million still images and illustrations and more than 50,000 hours of stock film footage. Since 2008, Getty Images has created controversy in its manner of pursuing copyright enforcement on behalf of its photographers. Rather than pursue a policy of sending out “cease and desist” notices, Getty typically mails out a demand letter claiming substantial sums of damages to owners of websites which it believes have used their images in infringement of their photographers’ copyright. So what do you do if you get a letter from Getty? First of all, are you guilty? For copyright infringement to take place, the owner of a copyrighted work will need to establish that either of the following acts are done in relation to a substantial ... Read More »
- May 13th, 2015General Election – Employment Law Consequences
In the aftermath of the Conservative win in the General Election, MLP’s employment team review the party’s pre-election promises for signs of what employment law developments may be in store in the next few years: Exclusivity clauses in zero hours contracts will be banned, although this falls short of the outright ban which the Labour Party had promised. The National Minimum Wage is set to increase to £8.00 by 2020, starting with an initial rise to £6.70 by November 2015. The tax-free personal allowance will increase to £12,500. If the 2020 National Minimum Wage increase comes to fruition, this will mean that people who work for 30 hours a week will pay no income tax at all. Entitlement to free childcare for working parents of all three and four year olds will increase to 30 hours. Trade union reforms are planned to prevent what the ... Read More »
- April 23rd, 2015#BeatStephen: We made it!
So that’s it – the marathon is over and this is my final #BeatStephen blog. It’s such a relief to say that we made it across that finish line and all our hard work paid off. Now I’m just trying to get over the pain in my muscles – something which was definitely expected after battling through those gruelling 26.2 miles. I was extremely nervous during the build-up between Saturday night and Sunday morning and I didn’t sleep as well as I’d hoped. But nonetheless, Sunday morning did arrive and it was soon time to make my way over to the starting line. My finishing time was four hours and 17 minutes, but I think I probably started off a little bit too quick. I completed the first ten miles in one hour and 33 minutes and the second ten in one ... Read More »
- April 7th, 2015#BeatStephen: The big day is nearly upon us!
There’s just two weeks left to go until the ASICS Greater Manchester Marathon and I’m certainly starting to feel the pressure. When I set foot out of the door on a cold and rainy Sunday for a ‘long’ three mile run in November, it didn’t feel like April would ever arrive. Sure enough, I set foot out of the same door four months, 20 weeks, 280 miles, 50 runs and one pair of shoes later into a very wet and cold Sunday morning for my considerably longer run of 20 miles. This time I start my runs feeling happier, lighter, confident and keen to get going. What a massive difference this is to when I first began my training! If you’re reading this and you’re running the Manchester marathon, or any other marathon for that matter, then I want to say ... Read More »