News
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Supreme Court Makes Late Change to Penalty Clause Judgment - Highlights important distinction between primary and secondary obligations
We reported on the cases of ParkingEye Ltd v Beavis and Cavendish Square Holding BV v Talal El Makdessi [2015] UKSC 67 in our November newsletter on the same day the judgment…
Posted on 4 January, 2016 by Ortolan
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Directors' Duties - And the proper purpose rule
A recent Supreme Court case has highlighted the need for directors to carry out their duties and exercise their powers in accordance with the proper purpose rule.The factsThe…
Posted on 1 January, 2016 by Ortolan
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Appropriate Rate Of Interest - Section 35A Senior Courts Act 1981
Section 35A of the Senior Courts Act makes provision for simple interest to be paid on debts or damages from the date of the cause of action until the date of judgment (or…
Posted on 1 January, 2016 by Ortolan
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Implied Terms - Supreme Court clarifies the test
The Supreme Court recently handed down a judgment that has clarified the law relating to implied terms.The traditional approach has been that a term will only be implied into a…
Posted on 1 January, 2016 by Ortolan
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Bonus Policies - Time for a review
A new calendar year is often a good time to review and update your bonus scheme.A bonus is, traditionally, a sum of money added to a person's wages as a reward for good…
Posted on 1 January, 2016 by Ortolan
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Autumn Statement 2015 - Employment law implications
The Autumn Budget saw George Osborne do a 360 on tax credits which would have seen many working families worse off. It also saw a number of other changes to promote employment…
Posted on 1 January, 2016 by Ortolan
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No Increase To Statutory Payments - First time in over 20 years
The Department for Work and Pensions has published proposed rates for the tax year beginning on 6 April 2016. For the first time in many years it is proposing that there will…
Posted on 1 January, 2016 by Ortolan
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Bribery Act - First Deferred Prosecution Agreement
The Serious Fraud Office’s (SFO) first application for a Deferred Prosecution Agreement (DPA) was approved by the court this week. It was also the first use by a prosecutor…
Posted on 5 December, 2015 by Ortolan
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Terrorism And Winter Weather - Are your force majeure clauses fit for purpose?
The recent Paris bombings and the onset of winter weather caused me to pause and think again about some of the force majeure provisions we draft for our clients in their…
Posted on 5 December, 2015 by Ortolan
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Company may not claim privilege against its shareholders - And the exception to the rule
The High Court has clarified the general rule that a shareholder is entitled to disclosure of all documents obtained by the company in the course of its administration,…
Posted on 5 December, 2015 by Ortolan
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Flood Reinsurance Scheme Regulations - Now in force
The Regulations to establish the Flood Reinsurance Scheme (FRS) came into force on 11 November 2015. The Scheme is likely to commence business in April 2016.The FRS is the…
Posted on 5 December, 2015 by Ortolan
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Morrisons - Data protection breach
Thousands of Morrisons' staff are preparing to sue the supermarket after their personal details were leaked online.A senior employee, Andrew Skelton, was jailed for eight years…
Posted on 5 December, 2015 by Ortolan
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Offensive Comments - Partner in law firm dismissed
Clive O'Connell, a corporate partner at the law firm Goldberg Segalla (and Chelsea football fan), has been dismissed after referring to "scouse scum" during an interview after…
Posted on 5 December, 2015 by Ortolan
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Service Change Provision And TUPE Update - "Organised grouping" can include employees temporarily laid off
For a service provision change transfer to apply under TUPE 2006 there must be an organised grouping of employees whose principal purpose is carrying out the relevant…
Posted on 5 December, 2015 by Ortolan
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Gaining Possession Of Residential Property - Changes now in force
On 1 October 2015 changes to the Housing Act 1988 section 21 notice procedure were introduced by the Deregulation Act 2015. Landlords need to be familiar with the changes to…
Posted on 4 November, 2015 by Ortolan