February 19, 2020 In Bramwell Bate News By Bate Hallett

How do you enforce land covenants when a neighbour is in breach?

Land covenants place rights and obligations on the land/property you own. It is an instrument that is registered on a record of title for a property that runs with the land, which creates a legal obligation to do, or not to do, something in respect of the land/property. Such restrictions can relate to anything from the colour of your house or what you use the property for; to where you put your rubbish or park your vehicle. These restrictions are commonly...

February 19, 2020 In Bramwell Bate News By Bate Hallett

What is a Calderbank offer, and when it should be used?

A Calderbank offer, otherwise known as a “Without Prejudice Save as to Costs” offer, is a tactic that can be used to settle a dispute for a lower amount and avoid going to a court trial. This tactic is named after a case from 1975 in the English Court of Appeal, between Mr and Mrs Calderbank. A Calderbank offer is an offer made by one party to the other side of a dispute. It puts the other side on notice that if...

February 19, 2020 In Bramwell Bate News By Bate Hallett

Points of interest on drug and alcohol testing in the workplace

Drugs and alcohol can make an employee less effective, struggle to concentrate, careless, unable to make rational decisions, amongst other behaviour changes, but most importantly of all a hazard to themselves and other employees. Employers have an obligation to take reasonable measures to provide a work environment for their employees and others, that minimizes the hazards at work. What is a hazard and what is reasonable?: As defined at clause 16 of The Health and Safety at Work Act 2015 (“HSW”) a...