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Tribunal Decision Reinforces Agency Workers’ Rights

Published on: 17 August 2016 | in categories: Legal Updates | Employment Updates | News and Updates

Tribunal Decision Reinforces Agency Workers’ Rights

In a guideline decision which reinforced the rights of agency workers, a tribunal has underlined in the context of an NHS whistleblowing case that it is legally possible to have one job but more than one employer.

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Cruise Ship Refurbishment Delay Leads to Euros 770,000 Payout

Published on: 15 August 2016 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Cruise Ship Refurbishment Delay Leads to Euros 770,000 Payout

Contractual deadlines can be very tight and the financial consequences of breaching them are often severe. In one case which underlined the point, a cruise ship operator won Euros 770,000 in damages from a shipyard after a major refurbishment of its flagship was held up for a month, largely due to strike action.

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Tribunal Ruling Gives Hope to Victims of Violent Crime

Published on: 10 August 2016 | in categories: Personal Injury Updates | Legal Updates | News and Updates

In a guideline decision which gives succour to victims of violent crime, a tribunal has boosted the compensation hopes of a former bus driver who endured years of disabling mental illness after he was attacked by two fare-dodgers.

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Sponsoring Workers From Outside the EU? The Rules Are Tight!

Published on: 09 August 2016 | in categories: Legal Updates | Employment Updates | News and Updates

Sponsoring Workers From Outside the EU? The Rules Are Tight!

Many companies rely heavily on specialised overseas workers from outside the EU and are permitted to sponsor their entry into Britain. However, the exercise of that privilege is subject to strict safeguards, as one IT company discovered to its cost.

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High Court Considers Fallout from $1 Billion Russian Bank Collapse

Published on: 08 August 2016 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

The civil courts in London are favoured by litigants from around the world and, in a case which underlined their international repute, the High Court’s assistance was called upon to recover funds allegedly defrauded in a $1 billion Russian banking scandal.

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Council Must Pay for Closure of Dangerous Pier Supreme Court Rules

Published on: 03 August 2016 | in categories: Commercial Property Updates | Legal Updates | News and Updates

Council Must Pay for Closure of Dangerous Pier Supreme Court Rules

Local authorities have wide powers to restrict public access to buildings or structures which they consider dangerous. However, a Supreme Court case involving closure of a seaside town’s crumbling pier underlined that those who suffer loss of trade as a result of such emergency action are usually entitled to compensation.

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Commodities Company Pays $40 Million Price of Oil Shipping Fraud

Published on: 02 August 2016 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Sharp practices and deceit are sadly not uncommon in commerce – but one Court of Appeal case involving numerous shipments of mis-described crude oil showed that the law can catch up with perpetrators no matter how long after the event the truth emerges.

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Supreme Court Boosts Insurance Industry’s Anti-Fraud Campaign

Published on: 28 July 2016 | in categories: Personal Injury Updates | Legal Updates | News and Updates

In a decision which will be welcomed by the insurance industry as a major boost to its fight to root out fraud, the Supreme Court has ruled that an insurance company that agreed to settle a personal injury claim for almost £135,000 was entitled to tear up the deal after the full extent of the claimant’s deceit became apparent.

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Government Updates Policy on HMRC Enforcement for Breaches of NMW Law

Published on: 26 July 2016 | in categories: Legal Updates | Employment Updates | News and Updates

The Department for Business, Energy and Industrial Strategy (which has replaced the former Department for Business, Innovation and Skills and the Department of Energy and Climate Change) has updated its policy paper on HM Revenue and Customs (HMRC) enforcement, prosecutions and naming employers who break National Minimum Wage (NMW) legislation, to take into account recent developments in this area of the law.

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Those Who Lie In Search of Compensation Can Expect Deterrent Sentences

Published on: 20 July 2016 | in categories: Personal Injury Updates | Legal Updates | News and Updates

Those Who Lie In Search of Compensation Can Expect Deterrent Sentences

Those who lie about accidents in an attempt to win compensation are a blight on the insurance industry and honest policyholders alike. In one case, the High Court imposed suspended prison sentences on a man who dishonestly claimed to have tripped over an uneven kerbstone and two of his friends who supported his story.

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Property Disrepair and Landlords’ Liabilities – Supreme Court Ruling

Published on: 19 July 2016 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Property Disrepair and Landlords’ Liabilities – Supreme Court Ruling

In a decision of importance to landlords and tenants, the Supreme Court has ruled that property owners cannot be held liable for the consequences of disrepairs of which they have not been notified.

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Fire Damaged $12 Million Ship a Total Loss

Published on: 18 July 2016 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Insurance disputes in respect of whether a vehicle is or is not a write-off following an accident are sadly familiar to thousands of motorists. However, one High Court case involving a catastrophic fire on board a ship with an insured value of $12 million showed that such disagreements are not confined to dry land.

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Charities and Legal Liability for the Misdeeds of Volunteers

Published on: 12 July 2016 | in categories: Personal Injury Updates | Legal Updates | News and Updates

In an important decision of which charities and religious bodies should take careful note, the Court of Appeal has underlined that they can be held legally liable for the misdeeds of volunteers as well as paid employees.

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Employer Liable for Banker’s Death in Andes Helicopter Crash

Published on: 11 July 2016 | in categories: Personal Injury Updates | Legal Updates | News and Updates

Employers are not legally permitted to delegate their duties to keep their staff safe – even if they are working in challenging environments overseas. In one case which makes that point, the family of an investment banker who died when a helicopter crashed into the Andes have won the right to multi-million-pound compensation.

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Food Store on Edge of Market Town Receives Judicial Blessing

Published on: 06 July 2016 | in categories: Commercial Property Updates | Legal Updates | News and Updates

Food Store on Edge of Market Town Receives Judicial Blessing

Edge of town shopping centres are often intensely controversial because of the serious impact they can have on existing high street trade. The Court of Appeal examined that issue in upholding a planning permission granted for a food store 500 metres from the heart of a market town.

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Long Lease on Your Home? Do You Understand Your Obligations?

Published on: 15 August 2016 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Long Lease on Your Home? Do You Understand Your Obligations?

Those who hold long leases over their homes often think that their position is almost exactly the same as a freeholder. However, one case in which a tenant with a 999-year lease was accused of making unauthorised alterations to his property showed how very wrong that assumption can be.

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Insurance Act 2015 Now In Force

Published on: 11 August 2016 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Insurance Act 2015 Now In Force

The Insurance Act 2015 came into force today. In practical terms, the effect of the Act is to reduce the number of 'technical' defences that can be used by insurance companies to avoid paying out on claims.

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Transgender Pension Dispute Referred to European Court of Justice

Published on: 09 August 2016 | in categories: Legal Updates | Employment Updates | News and Updates

A woman who chose to remain married to her wife following gender reassignment surgery will have her plea that UK pension rules discriminate against those in her position considered by European Court of Justice (CJEU) after her arguments left the Supreme Court divided.

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Academic Employment and Security of Tenure – Tribunal Ruling

Published on: 08 August 2016 | in categories: Legal Updates | Employment Updates | News and Updates

Academic Employment and Security of Tenure – Tribunal Ruling

In a case which raised novel issues relating to employment and security of tenure in the academic world, a university lecturer who was dismissed after failing to report a sexual relationship with a student had his hopes of winning compensation boosted by the Employment Appeal Tribunal (EAT).

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High Court Ensures Equality of Arms in Big Money Family Case

Published on: 07 August 2016 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

It is not unusual for there to be very substantial differences in the financial resources available to opposing sides in litigation. However, one family case involving a hugely rich father and the mother of his child, who had no money of her own, showed that the courts will bend over backwards to ensure equality of arms.

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Black Royal Mail Workers Race Discrimination Claims

Published on: 03 August 2016 | in categories: Legal Updates | Employment Updates | News and Updates

Black Royal Mail Workers Race Discrimination Claims

Four black Royal Mail employees who claimed that they had been victimised due to their race and treated less favourably than a white colleague have had their hopes of winning compensation boosted by the Employment Appeal Tribunal (EAT).

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How Community Facilities Are Delivered in the Real World – High Court Ruling

Published on: 31 July 2016 | in categories: Commercial Property Updates | Legal Updates | News and Updates

How Community Facilities Are Delivered in the Real World – High Court Ruling

In the context of a flat-building project in central London, a High Court ruling has underlined that it is perfectly acceptable for local authorities to require would-be developers to invest in community facilities as part of the planning process.

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Employers - Disregard Health and Safety Rules at Your Peril!

Published on: 28 July 2016 | in categories: Legal Updates | Employment Updates | News and Updates

In a wake-up call to any unwise employers who might view health and safety rules as little more than an inconvenience, a farming equipment company was heavily fined after an employee was badly injured by an exploding tyre.

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Part-Time Judges Score Landmark Equal Treatment Victory

Published on: 25 July 2016 | in categories: Legal Updates | Employment Updates | News and Updates

In a resounding decision which will help to bring an end to pay discrimination against part-time workers, two part-time judges who complained that they were treated less favourably than their full-time brethren have scored a comprehensive victory in their quest for equal treatment by the Ministry of Justice (MoJ).

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Bus Driver Wrongfully Sacked After Flawed Disciplinary Process

Published on: 20 July 2016 | in categories: Legal Updates | Employment Updates | News and Updates

Bus Driver Wrongfully Sacked After Flawed Disciplinary Process

In a case which underlined the great importance of fair and thorough disciplinary procedures in the workplace, a bus driver who was accused of using a mobile phone whilst driving has succeeded in a wrongful dismissal claim.

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Historic Castle Setting Stymies Industrial Estate Plans

Published on: 18 July 2016 | in categories: Commercial Property Updates | Legal Updates | News and Updates

Historic Castle Setting Stymies Industrial Estate Plans

The need to foster economic development and provide employment opportunities is an important factor in many planning cases – but it does not always prevail. In one case that made the point, the High Court scotched plans for a new industrial estate on a Greenfield site within sight of a historic castle.

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Solicitor Wins Unique Breach of Privacy Payout

Published on: 14 July 2016 | in categories: Legal Updates | Employment Updates | News and Updates

A solicitor who was deeply upset when her private emails were accessed without her authority during a hunt for evidence in the context of arbitration proceedings has won a substantial damages payout after launching a unique breach of privacy claim.

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Computer Software is ‘Goods’, Court Rules

Published on: 12 July 2016 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

In an important decision which established that computer software can properly be viewed as ‘goods’, notwithstanding its intangibility, the High Court has awarded substantial compensation to a commercial agent whose client backed out of a promotion deal without notice.

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Cannabis Farm Social Housing Tenant Escapes Eviction

Published on: 11 July 2016 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

In a ruling which is bound to cause consternation amongst social housing providers, the Court of Appeal has refused to order the eviction of a single mother who told a pack of lies after 300 cannabis plants were found in her spare bedroom.

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Student Work Placements and the Equality Act 2010 – Court Guidance

Published on: 05 July 2016 | in categories: Legal Updates | Employment Updates | News and Updates

In an important decision, the Court of Appeal has overcome an apparent lacuna in the drafting of the Equality Act 2010 to come to the aid of students who suffer discrimination whilst carrying out work placements as part of their studies.

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