Caven blog

Guest blog

Common legal questions on cycling

With Bradley Wiggins’ recent Tour de France and Olympic Time Trial wins, and Team GB’s cycling team having a fantastic home Olympics, cycling is becoming more and more popular as both a leisure activity and a means of transport. As its popularity increases, there will no doubt be more legal ramifications.

As such, Prolegal have kindly taken some time to answer a few of the more common cycling questions relating to the law.


How are personal injury damages awards dealt with on divorce?

At Prolegal Limited we undertake a significant number of personal injury claims each year.

Some of those clients are either contemplating divorce or are going through a divorce. Naturally of interest to them is how their personal injury award will be dealt with as part of the divorce proceedings. In effect, should an award of damages for personal injury be regarded as a financial resource available for distribution between the parties?


You’re blocking out the Sun?

With land in short supply in our towns and cities, property developers and town planners are acutely aware of the need to construct high rise buildings - often on small, overlooked plots of land to make a development profitable.  Notwithstanding the struggle to secure development funding and all necessary planning consents which increases overall costs, developers are also being stung by claims that the construction of these high rise buildings are blocking out the natural light reaching neighbouring properties.


Cycling through the Games – a legal viewpoint

As London 2012 ends its first week, the fear of the city being overwhelmed has fortunately not come to pass. The order and calm will come as a relief to many Londoners, and will certainly impress our international guests, but for cycling Londoners the true ‘Olympic legacy’ may be a bitter taste of what might have been.

In 2007, Sustrans made projections of how the 2012 Olympics would fuel the development of ‘green’ cycle and walking routes throughout the capital. Not one of these proposals came to fruition while more contentious schemes ballooned in cost. The realised vision of the London Games is marked with a particular disinterest in accommodating cyclists. With the controversial ORN Olympic Lanes now in force, the Olympics are pitting cyclists against a gauntlet of temporary routes and pockets of congestion while offering few exemptions or bypasses for bikes.


A clean break – terminating leases

Given the on-going recession, tenants are increasingly looking to exercise break clauses in their leases to get out of occupying expensive premises.  Understandably, landlords are making it increasingly difficult for tenants to exercise these rights knowing too well that it could take many months to get a new tenant for their premises, probably at much lower rents.


Former employees must be careful to avoid falling foul of employers’ client-poaching restrictions

Outgoing employees are increasingly subject to employment terms restricting contact with their former clients. While companies accept employee turnover as par for the course, they generally take a dim view of leavers poaching their business.

Restrictions usually take the form of non-solicitation clauses and non-dealing clauses. Whether an employee is moving to a competitor or setting up on their own, these clauses provide a useful means for former employers to protect their interests.


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In this new part of the blog we will feature articles written by solicitors from the Caven network.

These articles will discuss interesting recent legal issues and cases.

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