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Articles

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Protecting commercial secrets in court proceedings

The English court system is regarded as one of the safest when it comes to protecting confidential information during court proceedings, which is one of the reasons why international companies often opt for English jurisdiction in their contracts.  A...

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Government consultation: Artificial intelligence and intellectual property

Artificial intelligence (AI), the use of technology to mirror human problem-solving and decision-making capabilities, is a growing part of the society we live in today, with AI being behind a number of significant developments and inventions in recent times....

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Proposed increases to statutory maternity, paternity, adoption and sick pay - April 2022

The Department for Work and Pensions (DWP) has published its proposed Pension and Benefit Rates for 2022/23 . The rates show increases to statutory benefits such as sick pay, maternity pay, paternity pay, shared parental pay and adoption pay and will be...

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What is ESG and why is it important for HR professionals?

ESG considerations are increasingly becoming a top priority for businesses, but what is ESG? In this article we take a look at what ESG is, why it is important for HR professionals and what HR professionals can be doing to help their businesses with their...

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Trade marks - spotlight on bad faith

Courts at both UK and EU level are increasingly focusing on the concept of “bad faith” and, perhaps as a result, objections of bad faith are arising more frequently in practice. A finding of bad faith may result in the rejection or cancellation...

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Judical Review: Time is short when a public body is wrong

The Life Sciences sector: a focus on NICE The National Institute for Health and Clinical Excellence (NICE) is internationally recognised as establishing guidelines for all kinds of treatments and illnesses; it also produces social care and staffing...

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Life Sciences A to Z - "X" is for Ex Works

Transportation of goods within the life sciences sector provides unique challenges, such as critical time restraints or the requirement for specific temperatures to be observed. The terms applicable to the transportation in a manufacturing or distribution...

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Fire and rehire - New Acas guidance

Acas recently published a new guide for employers on making changes to employment contracts. This guide has been created following a request from the government for clearer, more comprehensive guidance to help businesses explore all possibilities for...

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A new way to bring class actions? The Supreme Court decides in Lloyd v Google

Bringing a class action – where a single person brings a claim and obtains redress on behalf of a class of people who have been affected in a similar way by alleged wrongdoing – is difficult in England and Wales. Apart from competition law...

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Life Sciences A to Z - "X" is for ex parte - going to court without telling your opponent

There is a general principle that a court order in England and Wales should not be made against a party without it having an opportunity to respond. However, there are exceptions to this principle and it may be possible to make a "without notice"...

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Supreme Court holiday pay case

Employers and employment lawyers alike have been keeping a watchful eye on the case of  The Harpur Trust v Brazel. It is the case of a music teacher who challenged her employers’ definition of her employee status, arguing she should be...

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Five things you need to know about the Commercial Rent (Coronavirus) Bill

The government has published its long awaited draft legislation setting out its proposals to resolve the approximately £7bn worth of rent arrears which accrued during the pandemic. The catchily-titled Commercial Rent (Coronavirus) Bill had its...

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Landlord Solvency vs Survival of Tenant Business - Which will prevail? (And other questions arising from The Commercial Rent (Coronavirus) Bill)

The Commercial Rent (Coronavirus) Bill 2021 (the Bill) is expected to come into force from 25 March 2022 – it is intended to introduce an arbitration procedure for commercial rent arrears accrued by businesses during the “protected period”...

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"A dense thicket": The High Court rules onerous terms must be brought to the attention of customers online

Earlier this year the High Court granted summary judgment in Green v Petfre Ltd (t/a Betfred), giving a stark reminder that, in consumer cases, particularly onerous clauses in a contract must be adequately brought to the attention of customers in order for...

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Will a new bill call time on fraudulent directors?

In the first three months of 2021, almost 40,000 companies were struck off the Companies House register – an increase of 743% on the same period in 2020. Speculation that these figures related to avoidance of coronavirus-related loan repayments led the...

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Carillion: High Court clarifies scope of the statutory stay in compulsory liquidation

In FCA v Carillion [2021] EWCH 2871 (Ch ), the High Court has confirmed that Financial Conduct Authority (FCA) enforcement action against Carillion Plc (in Liquidation) (Carillion) pursuant to certain provisions of the Financial Services and Markets Act...

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Fit out - Strip out - Repeat: How sustainable are your yield up obligations

Most commercial leases contain an obligation on a tenant to remove any alterations made to a property before returning it to the landlord at the end of the term.  The requirement for a tenant to remove its alterations and strip the property back to...

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All doom and gloom for insolvent companies?

Understanding the link between insolvency and adjudication through the Court of Appeal's decision in John Doyle Construction Ltd v Erith Contractors Ltd. The Court of Appeal (CoA) recently upheld Mr Justice Fraser's (Fraser J) judgment in John Doyle...

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Supreme Court decision on employer unlawful inducements relating to collective bargaining

In the latest instalment of the long-running Kostal UK v Dunkley case, the Supreme Court has held that the employer’s direct pay offer to its employees was an unlawful inducement as it bypassed the collective bargaining with Unite (the recognised...

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The price of expert shopping

In the recent case of Rogerson (t/a Cottesmore Hotel, Golf and Country Club) v Eco Top Heat & Power Ltd , the High Court considered whether or not the defendant’s decision to change experts was “expert shopping” and whether to impose a...

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How not to give witness evidence - Lessons learned from Ahuja v Victorygame

Ahuja Investments Ltd v Victorygame Ltd & Anor (CONTRACT - Purchase of commercial investment property) [2021] EWHC 2382 (Ch) was a trying case - the key witnesses’ evidence was unreliable, other key witnesses were absent, other witnesses gave...

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The Court of Appeal rules that the Court is entitled to evaluate undisputed expert evidence in Griffiths v TUI UK Ltd

Background The claimant, Mr Griffiths, purchased an all-inclusive two-week holiday from TUI and, while on holiday in August 2014, fell ill and was subsequently diagnosed with acute gastroenteritis. With the exception of two meals, one of which was at...

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FIFA set to end longstanding partnership with EA Sports?

The negotiations between the international governing body of association football and the leading publisher of sports video games are rumoured to have reached an impasse, with the existing rights deal between the parties set to expire in 2022. It is as yet...

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Collective Proceedings Orders present significant risks: what can businesses do to protect themselves?

On 18 August 2021, the Competition Appeal Tribunal (CAT) handed down judgment in  Merricks v Mastercard and another  ( [2021] CAT 28 ). In doing so, it awarded the first Collective Proceedings Order (CPO), and did so in a claim that was enormous in...

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National minimum wage - what to deduct?

The intricacies of the calculation of national minimum wage (NMW) is something that is dreaded by most employment lawyers and HR professionals. It is unnecessarily complicated. One of the many knotty areas is what deductions should be made to workers’...

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Recovery Loan Scheme extended until 30 June 2022

The Recovery Loan Scheme (RLS), launched back in April 2021, has provided financial support to businesses across the UK who have been affected by the coronavirus pandemic. In his Autumn Budget, the Chancellor of the Exchequer, Rishi Sunak, announced a...

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Preparing for supply-chain breakdown

As the UK emerges from the COVID-19 pandemic, the domestic construction industry can look forward to a bright but challenging future. Mortgages are at record lows; housing demand remains high and the wider economy is in optimistic mood. However, businesses...

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Couriers found to be "workers" due to limited right of substitution

The Court of Appeal has recently held that couriers working for Stuart Delivery Ltd (SD) are workers and entitled to associated employment rights. SD sought to argue that their couriers are instead independent contractors.  Their argument failed...

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Colliers Industrial & Logistics Webinar - Managing costs in challenging times

We (Jonathan Farrell and Richard Wilkin) recently attended (virtually) Colliers’ review of how the Industrial and Logistics sector has fared over the latest quarter. Our key takeaways on the latest state of the industry and the challenges it faces are...

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Government to overhaul tipping practices

In response to a 2016 consultation on Tipping, Gratuities, Cover and Service Charges, launched following reports that a number of well-known high street names were withholding staff tips that had been paid by card, the government recently unveiled plans to...

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