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Don't Delay in Completing 'Formalities'

There is a tendency to think that procedural matters are mere formalities and there is no need to be in a rush to dot the i's and cross the t's, but sometimes failing to deal with them promptly can cause significant problems, as a recent case involving a...

'Pre-Pack' Administration and TUPE

Whilst the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) operate to protect the employment rights of employees when there is a relevant transfer of a business or part of a business, Regulation 8(7) provides that where the...

Landlord's Motivation for Work Not in Point, Rules Court

A recent case decided by the High Court will (if not overturned on appeal) have potential implications for some commercial tenants seeking renewals of their tenancies. It involved a dealer in textiles that occupies areas in the ground and basement floors...

Parenthood is Not a Trump Card to Avoid Imprisonment

Imprisoning parents is inevitably traumatic for their children, and striking a balance between child welfare and appropriate punishment of criminals is a dilemma confronted by judges every day. However, a Court of Appeal ruling has emphasised that parenthood...

Estranged Daughter Gains Share of Late Father's Estate

The dangers of concluding that estranged children who have been disinherited will have no claim against a deceased person's estate were made very clear after a widely reported case decided last year. They have again been highlighted in a recent case in...

Recovery of Cross-Border Debts

Firms and people who fail to pay their bills are a significant nuisance for any business, but when the debtor is abroad, there may be a temptation to give up. Although recovery of debts from those who live overseas requires determination, English judges are...

GDPR - ICO Consults on Written Contracts

Under the General Data Protection Regulation (GDPR), which will apply to all EU member states from 25 May 2018, data processors have new responsibilities and liabilities in their own right, and both controllers and processors may be liable to pay damages or...

Everyone Has a Civic Duty to Assist Judges in Resolving Disputes

It is a civic duty to assist the courts in the resolution of disputes, and judges have the power to compel reluctant witnesses to give evidence. Exactly that happened in one case in which a solicitor was required to attend court to testify in respect of a...

Court Robust in Protection of Motor Giant Trade Mark

Motor giant BMW, challenging a decision over the use of its trade mark with which it disagreed, has won its appeal in the Court of Appeal . The dispute was over the use of BMW trade marks by a small London garage business, Technosport, which repairs and...

Depressed Supermarket Worker Wins Disability Discrimination Payout

Disability is a broad legal concept and encompasses not just physical incapacity but also mental ill health and all of its consequences. In one case, a supermarket worker whose short temper was a symptom of his depressive illness won more than £6,000...
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