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Whose Data is it Anyway?
15 Sep 2014
When a publisher and the firm managing its subscription database fell out over the database manager's quality of service, the publisher gave the database manager a month's notice to terminate the contract. In response, the database manager refused to...

Divorcee Refused 'Second Bite of the Cherry'
14 Sep 2014
Separated couples should fix their eyes firmly on the future when signing divorce agreements, as was demonstrated in a recent case in which a former soldier, whose ex-wife had 'spent her share' after their split, fought off her bid for a slice of his military pension...

Early Conciliation – How Does it Work?
13 Sep 2014
For Employment Tribunal (ET) claims lodged on or after 6 May 2014, it is a legal requirement, unless an exemption applies, for the claimant to first notify the Advisory, Conciliation and Arbitration Service (Acas) by completing an Early Conciliation notification form...

Family Falling Out Leads to Legal Battle for Inheritance
12 Sep 2014
When an elderly woman died and left her entire estate to her window cleaner, rather than the nephew who had looked after her for a very long period of time, a challenge to her will was always likely. The nephew claimed that the woman had promised...

Fairness of Dismissal Following Positive Drugs Test
11 Sep 2014
A recent unfair dismissal case (Kuehne and Nagel Limited v Cosgrove) demonstrates to employers the importance of having in place a clear substance misuse policy. Ms Cosgrove worked for Kuehne and Nagel Limited as a warehouse operative. This involved driving...

New Competition Law Has Real Teeth
11 Sep 2014
Under the old law relating to cartels, it was necessary to prove dishonest intent in order to obtain a criminal conviction when companies engaged in price fixing, market manipulation, bid rigging and so on. The civil law provides that breaches of competition...

Woman's Right to Refuse Blood Transfusion Upheld
10 Sep 2014
A case recently heard by the Court of Protection has illustrated that the courts are willing to uphold the right of patients to refuse medical treatment, even where treatment would reduce the likelihood of the patient dying. A woman who had been a Jehovah's...

Unreasonable Rejection of Mediation Leaves Tenant to Carry Costs
10 Sep 2014
The Court of Appeal has handed down a judgment which should warn those engaged in legal disputes that the 'loser pays costs' rule in litigation is not a hard and fast one and that if the winner unreasonably refuses to mediate, they may end up carrying their own costs...

Dismissal for Sickness Absence After Maternity Leave Not Discriminatory
09 Sep 2014
In Lyons v DWP Jobcentre Plus, the Employment Appeal Tribunal (EAT) has upheld the decision of the Employment Tribunal (ET) to dismiss a woman's claims of direct sex discrimination and/or pregnancy and maternity discrimination after she was dismissed...

Warring Couple Spent £1 Million on Divorce
09 Sep 2014
The High Court has lamented the expenditure of almost £1 million in legal costs by a warring ex-couple whose acrimonious divorce had descended into a murky world of lies, private detectives, hidden assets and mutual accusations of skulduggery and assault...

Engineers Liable Although Risk Not Well Known
08 Sep 2014
When large buildings are constructed, it is common for additional hydraulic pressure to be needed in order to ensure satisfactory water flow throughout the building. The application of high pressure carries a risk of internal flooding, particularly when the water system...

Mediation Not Always a Panacea
07 Sep 2014
In a case which revealed that alternative dispute resolution is not always a panacea, the Court of Appeal has lamented the 'melancholy fact' that the parties to an apparently commonplace commercial dispute were still engaged in costly litigation more than six...

Sleeping Time and the National Minimum Wage
05 Sep 2014
Over the years, there have been several employment law cases dealing with the question of whether 'sleep-in' hours constitute 'time work' for the purposes of the National Minimum Wage (NMW) Regulations 1999. The authorities on this issue are...

Consequential Loss Compensation Claim for Riot Losses Succeeds
04 Sep 2014
Businesses that suffered consequential losses in the London riots in 2011 (and their insurers) will welcome the Court of Appeal's decision that where loss is due to riot, the amount of compensation that can be claimed under the Riot (Damages) Act 1886 includes...

Will Alteration Error Leads to Court Appearance
03 Sep 2014
When a 97-year-old woman died, the bulk of her estate passed to her sister, who herself died only months later, and the remainder – 'the residue' – was left to four charities. Because of the impact of Inheritance Tax (IHT), there would have been a very small...

Employer's State of Knowledge Decisive in Disability Claim
02 Sep 2014
In a case which underlined that the state of an employer's knowledge is often the decisive factor in cases brought under the Equality Act 2010, a worker who was left suffering from depression and double vision following a violent assault has failed...

Property Buyers Beware! Get a Full Structural Survey
02 Sep 2014
In a reminder to property buyers that a full structural survey can often be well worth the money, a woman who had to have major work done to prop up her home has suffered a costly defeat in her fight for compensation from her mortgage lender...

Disclosure Ordered When Litigation Not Dominant Purpose of Report
01 Sep 2014
When an expert report or advice is commissioned from external advisers, it is important to be aware that the report may be disclosable if its subject matter becomes relevant to litigation. In a recent case, the buyer of a business resold it some time later, which had the effect...

Twelve Months' Good Behaviour Holds Tenant in Good Stead
31 Aug 2014
Sometimes, the fact that legal issues can take a long time to reach court means that the circumstances which gave rise to the proceedings have changed significantly by the time the dispute is heard. That was the case when a city council sought repossession...

Revised Codes of Practice on Preventing Illegal Working
30 Aug 2014
Employers have a responsibility to prevent illegal working in the UK by ensuring that their employees have the right to work here. This involves carrying out document checks on people before employing them in order to confirm that they have a legal right to work here...

End of Legal War Over £50,000 Personalised Car Registration
29 Aug 2014
A businessman has triumphed in a marathon legal dispute over a car registration mark worth £50,000 after the Court of Appeal ruled that it was not included in the sale price when the supercar to which it had been attached was sold at auction...

HMRC to be Given Powers to Enforce Payment
28 Aug 2014
Under proposals outlined in the recent Budget, from 2015 HM Revenue and Customs (HMRC) are to be given new powers to access the bank accounts of 'tax debtors' in order to remove sums needed to satisfy tax debts due. The right will only be exercised when the tax due...

Children and Relationship Breakdown
27 Aug 2014
When cohabitants with children break up, the legal responsibilities of the parents as regards the children are governed by the Children Act 1989. If amicable arrangements as regards the children cannot be made, the Family Court will rule...

Dock Worker Subjected to Homophobic Abuse Wins Dismissal Claim
26 Aug 2014
A dock worker who was summarily dismissed for gross misconduct following an alleged incident involving him and a fellow worker has been awarded a total of £45,000 in compensation for unfair dismissal and harassment on the grounds of sexual orientation...

New Consumer Protection Regulations – Traders Take Note
25 Aug 2014
Suppliers of goods to the public should be aware that the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to contracts concluded on or after 13 June 2014. The Regulations implement into UK law the EU Consumer Rights...