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No Claim to Interest Where the Contractual Rate is Not Pleaded
Mr Justice Foxton in the case of Rolls-Royce Holdings…
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Giving effect to promises – still a knotty problem for the Courts: The Supreme Court decision in Guest v Guest
The recently decided case of Guest v Guest shows the…
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Sequana: the Supreme Court Judgment in a Nutshell
There will be much discussion and debate concerning…
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Holiday entitlement: Harpur Trust v Brazel – Supreme Court decision
The Supreme Court’s recent judgment in the case of…
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Co-habitee claims under the Inheritance (Provision for Family and Dependants) Act 1975
The myth of common law marriage still abounds – many…
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Replacing an Executor
If an Executor does not advance the administration…
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Defending a claim under the Inheritance (Provision for Family and Dependants) Act 1975
A leading member of the team was instructed by brothers…
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Employer not liable for disability discrimination when it became aware of disability after dismissal.
The Employment Appeal Tribunal has held that an employee,…
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Tenants Beware: always have a lawyer look at your lease
A recent case has highlighted the importance of having…
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Wow! An important Judgment!
Deborah Nigh, an Insolvency Partner at Howes Percival,…
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High Court Ruling: Business Interruption Insurance Claims due to Covid-19 Restrictions
On 15 September 2020, the High Court handed down judgment…
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Employment contract split between multiple transferee employers
The recently decided European Court of Justice (ECJ)…
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A helping hand for insolvent contractors?
A decision in the Supreme Court has restored the right…
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Court of Appeal Releases the Pressure Valve on Gas Safety Certificates
Judgment was handed down on 18 June in the long-awaited…
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TUPE: Contractual variations void despite being beneficial to employee
In Ferguson and ors v Astrea Asset Management Ltd,…
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Employer required to pay settlement payment regardless of employee’s breach of confidentiality clause
In Duchey Farm Kennels Ltd v Steels, the High Court…
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Employer not vicariously liable for actions of self-employed contractor
In Barclays Bank plc v Various Claimants the Supreme…
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Re-tilting the balance? High Court rules on key aspect of decision making in planning matters
Howes Percival’s planning team comment on the latest…
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Supreme Court rules on meaning of “openness” for Green Belt development
Jay Mehta, Director in Howes Percival’s planning team…
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Supreme Court holds Morrisons supermarket was not vicariously liable for payroll data breach by its employee
The Supreme Court has overturned the previous decisions…
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Westferry Printworks: A Secretary of State decision signalling a change in direction on residential developments?
Head of Howes Percival’s Planning Team comments on…
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Employee fairly dismissed when charged but not convicted of a criminal offence
The EAT has ruled in Lafferty v Nuffield Health that…
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Ethical Veganism is a protected philosophical belief
The Norwich Employment Tribunal has found that ethical…
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Finney v Welsh Ministers: altering the description of development
Reversing the ruling of Sir Wyn Williams, the Court…
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Wine Bar – Director receives first combined disqualification and compensation order
Morris Peacock, Head of our Insolvency Service Department,…
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Former BHS director disqualified for 10 years
Former BHS director, Dominic Chappell, and his father…
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Insolvency: Make sure your debt is due before serving a statutory demand!
The High Court in Ronald Martin v McLaren Construction…
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Insolvency: Statutory demands don’t have to be demanding, but they do have to be detailed!
The High Court in Promontoria (Chestnut) Ltd v Bell…
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Placing employee on garden leave during redundancy process may make dismissal unfair
NEWSIn Thomas v BNP Paribas Real Estate, the EAT allowed…
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Property Litigation: 'Time runs in favour of a scoundrel'
In his latest article, Property Litigation Partner,…
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EAT finds that banter was not harassment
The EAT in Evans v Xactly Corporation Limited has…
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Insolvency: Extra-territorial application of section 423
William Shirley considers the decision in Orexim Trading…
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Employee’s letter giving ‘notice’ was not a resignation
The EAT in East Kent Hospitals University NHS Foundation…
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Zero hours security guard was agency worker and entitled to same basic terms as hirer's permanent employees
The Employment Appeal Tribunal in Brooknight Guarding…
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Working notice period after resigning in response to repudiatory breach could constitute affirmation.
The High Court in Brown & Anor v Neon Management Ltd…
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Carers who sleep in at a client’s home and are “on call” are only entitled to the national minimum wage when awake and working
Care home providers will be breathing a sigh of relief…
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Supreme Court confirms 'Pimlico Plumbers' decision that independent contractor was a worker
The Court of Appeal’s ruling in Pimlico Plumbers Limited…
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Discrimination claim succeeds despite employer not knowing that misconduct caused by disability
The Court of Appeal upheld a claim for discrimination…
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Insolvency/Litigation: Directors fail to curry favour with the judge
In the recent case of The Secretary of State for Business…
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Insolvency/Litigation: A Case of Mistaken Identity?
In the recent unreported case of The Secretary of…
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NOTICE OF TERMINATION IS DEEMED TO BE GIVEN ON DATE EMPLOYEE READS IT
The Supreme Court has confirmed that the notice period…
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Continuing to work did not constitute agreement to a pay freeze
Employees who continued to work and who did not take…
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Litigation: Litigants in person have to play by the rules
In the recent decision in Barton v Wright Hassall…
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Insolvency: Secretary of State fees avoided on ‘payment in full’ bankruptcy annulment
In the decision in Mohammed Safier and (1) Wendy Jane…
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Insolvency: Lack of focus on payment of HMRC leads to disqualification.
In the decision in The Secretary of State for Business…
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Insolvency: No second bite at the cherry for debtors in insolvency proceedings
In the appeal of Harvey v Dunbar Assets plc the Court…
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Failure to pay male employee enhanced shared parental pay was not sex discrimination
The EAT has decided that failure to pay a male employee…
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Time Spent ‘On Call’ at Home was Working Time
Time spent ‘on call’ at home but within 8 minutes…
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Employer did not have knowledge of disability
The Court of Appeal has upheld a Tribunal's decision…
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Intention? Motive? This is a lease renewal not a murder trial!
A landlord can oppose a statutory renewal of tenant’s…
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EAT upholds decision in in Asda equal pay case
The Employment Appeal Tribunal in the ASDA stores…
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Newbigin -v- Monk [2017]
Business rates: Supreme Court held that properties…
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Suspension can breach trust and confidence
In Agoreyo v London Borough of Lambeth, the High Court…
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How to get the most out of your right of way - Gore v Naheed & Ahmed [2017]
A recent Court of Appeal decision has shed some light…
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Lugay -v- Hammersmith and Fulham LBC [2017]
Asbestos: Court confirms landlords do not need to…
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Father directly discriminated against by employer’s shared parental pay policy
In Ali v Capita Customer Management Limited a new…
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Employees not under a duty to disclose plans to set up in competition
In MPT Group Ltd v Peel & ors the High Court confirmed…
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Disability related absence was not cause of redundancy dismissal
In Charlesworth v Dransfields Engineering Services…
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Three month gap will break “series” of deductions in holiday pay case
In Fulton and anor v Bear Scotland Limited, the EAT…
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Insolvency: Exercise of discretion by Court to refuse an administration order
Background The relevant provisions relating to the…
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Litigation: When is “change of position” a successful defence to a claim of unjust enrichment?
BackgroundWhere innocent third parties have been in…
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Insolvency: Void payments pre bankruptcy order - Clarification of the remedy from the High Court.
BackgroundSection 284 IA 1986 provides that any disposition…
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Insolvency/Civil Procedure: Extension to serve a claim form on a company restored to the Register
Following decisions made by district judges in the…
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Insolvency: Dismissal of a winding-up petition where the petition debt is disputed
Background and Key FactsThe Applicant, Ro-Bal Steel…
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Insolvency/litigation: Director’s duties and when not to make a claim
BackgroundPro4Sport Limited (“the Company”) was incorporated…
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Insolvency/litigation: No second bite of the cherry for case-amending liquidators
BackgroundRalls Builders Limited (“Ralls”) was a construction…
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Court of Appeal confirms that results-based commission must be included in holiday pay
NEWSThe Court of Appeal has confirmed, in the case…
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ASDA loses latest “round” in equal pay battle
NEWSThe Employment Tribunal in the ASDA stores equal…
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Discriminatory refusal to make cake with pro-gay marriage slogan
NEWSThe Northern Ireland Court of Appeal has held…
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Uber drivers win legal battle for workers’ rights
NEWSAn Employment Tribunal has ruled that two ‘self-employed’…
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Inappropriate final written warning cannot be relied on to fairly dismiss
In Bandara v British Broadcasting Corporation the…
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Employer not liable for injuries from staff punch-up after Christmas party
NEWSIn Bellman v Northampton Recruitment Ltd, a company…
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“Self-employed” bike courier establishes worker status
NEWSIn Dewhurst v CitySprint UK Ltd, a bike courier…
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Insolvency: Court finds nothing special to justify overturning director disqualification undertaking
BackgroundMr Taylor was a qualified independent financial…
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Litigation - Insolvency - Corporate veil stays in place despite the smell behind it.
BackgroundIn 2002 Jacqueline Powell (“P”) and a former…
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Litigation: Fair competition is priceless, for everything else there’s MasterCard
On 14 July 2016, the Competition Appeal Tribunal handed…
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Litigation: Security for Costs and ATE – Good news for Liquidators
BackgroundThe rules regarding security for costs are…
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Type 2 diabetes could be a disability
NEWSIn Taylor v Ladbrokes Betting and Gaming Ltd,…
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“Self-employed” plumber held to be a worker
NEWSIn Pimlico Plumbers Limited v Smith, the Court…
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Insolvency: The High Court considers the issue of costs on an appeal against a bankruptcy order
BackgroundA bankruptcy order was made against Mr Brian…
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Insolvency: Is the tide turning in favour of petitioning creditors?
In the case of Cod Hyde Limited v Space Change Management…
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ECJ holds that headscarf ban in the workplace did not constitute direct discrimination
NEWSIn Achbita v G4S Secure Solutions, the ECJ decided…
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WILL BREXIT LEAD TO AN INCREASE IN CROSS-BORDER MERGERS?
On 23 January 2017, the UK High Court approved a reverse…
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Pay protection in lesser role could amount to a reasonable adjustment
NEWSThe Employment Appeal Tribunal has held that the…
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Voluntary overtime and holiday pay
The EAT has ruled in Dudley Metropolitan Borough Council…
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Psychometric Testing and Discrimination
In the Government Legal Service v Brookes the EAT…
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Employee who slept in entitled to national minimum wage for full duration of the night shift
In Royal Mencap Society v Tomlinson-Blake, the EAT…
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