News

25/06/2009 - Directors representing someone else must still put company first

Limited company directors, appointed to represent an investor, or some other outsider, must still put the company's interests above those of whoever appointed them if there is a conflict, the court of appeal has confirmed. [More...]

12/06/2009 - When using 'without prejudice' keeps correspondence confidential

A recent case in the House of Lords has given useful guidance on when a letter marked 'without prejudice' can be kept confidential in a subsequent court case, and when it has to be disclosed. [More...]

11/06/2009 - Case law: overpayments to subcontractor may not be recoverable

Businesses must check their subcontractors' invoices carefully, as they may not be able to recover amounts inadvertently overpaid, according to a recent Court of Appeal decision. [More...]

10/06/2009 - Have your say: proposed equal treatment for temporary agency workers

Businesses need to take notice now of the new rights for temporary workers that will apply in the future, as the government consults on what they should be. [More...]

08/06/2009 - Case law: equal pay compensation payable in respect of successive contracts

Employers need to take account of a landmark ruling that entitles employees to bring an equal pay claim in respect of periods of employment under an earlier contract. [More...]

04/06/2009 - Court clarifies when a UK patent can be revoked for being 'obvious'

The courts have recently clarified the test for when an invention is 'obvious', so that a patent awarded to protect it can be revoked, so existing patent owners can expect more attacks on their patents on these grounds. [More...]

29/05/2009 - Increase in national minimum wage - May 09

Employers will welcome the fact that the government has announced a modest increase in the national minimum wage (NMW) from October. [More...]

27/05/2009 - Case law: breach of contract remedied in constructive dismissal case

Employers will welcome clarification of the circumstances in which a breach of contract may be remedied in a constructive dismissal, following a recent ruling. [More...]

27/05/2009 - Case law: guidance on 'normal day-to-day activities' for disability discrimination

Employers need to be aware of the way in which 'normal day-to-day activities' may be interpreted by a tribunal for the purpose of a disability discrimination claim, following a recent ruling. [More...]

27/05/2009 - Case law: controlling shareholder can also be employee

Business owners or controlling shareholders can also enjoy the benefits of being employees, as confirmed by a recent landmark ruling in the Court of Appeal. [More...]

27/05/2009 - Case law substantial compensation for unfair dismissal of older worker

Businesses can expect to pay additional compensation if they unfairly dismiss an older worker who genuinely tries, but fails, to obtain new work, as highlighted in a recent tribunal decision. [More...]

27/05/2009 - Case law: court can give own interpretation to agreement where contractual terms are unclear

Businesses are advised to ensure that their contracts are clearly drafted, rather than risk expensive litigation leading to an outcome that neither party intends, following a recent Court of Appeal ruling. [More...]

18/05/2009 - Businesses should follow new rules in disputes or face penalties in court

Businesses in many types of legal disputes need to follow a new set of rules saying what they ought to do to try to settle it, for court actions launched after 6 April, or risk the court ordering them to pay costs to the other side. [More...]

15/05/2009 - Records vital to recover damages for management time spent on disputes

Businesses wishing to claim compensation in court for management time spent on disputes should keep proper records showing the time spent to avoid reductions in the compensation awarded. [More...]

14/05/2009 - Employer's age limit fails age discrimination test for lack of evidence

An employer's justification of its age limit on employees has failed because, although the Employment Tribunal found the employer may have been right, it ruled it had not produced sufficient evidence to back up its arguments. [More...]

13/05/2009 - NICE issues guidance on managing long-term sickness and incapacity

The National Institute for Clinical Excellence (NICE) has issued guidance, aimed at employers of all sizes, on managing long-term sickness and incapacity. [More...]

12/05/2009 - Companies that withhold all contractual payments in a dispute face punitive interest

Where only part of a payment is in dispute, a business that withholds the rest of the payment as a tactic could have to pay punitive statutory interest on the late payment of the undisputed amount. [More...]

11/05/2009 - Businesses rethink trade marks strategy as European fees look set to drop

and whether - to register a community trade mark instead of a UK trade mark. [More...]

08/05/2009 - Case highlights need to make ownership of patents and other intellectual property is clear

A successful Dragon's Den contestant has found himself in the middle of a legal argument over ownership of intellectual property rights in 'his' invention, after his former company claimed it had a patent over it. [More...]

07/05/2009 - European Court clarifies when taking data from someone's database infringes their database rights

Businesses taking data from someone else's database need to understand the wide definition of 'extraction' to avoid infringing database rights, according to a recent European Court of Justice decision. [More...]

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