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