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UPC – UK moves forward whilst Germany stalls
13 July 2017The Unified Patent Court (UPC) is intended to provide a regional forum resolve patent disputes. UPC decisions will have effect in all 25 states participating in the UPC, providing a single forum to resolve disputes.
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“A net from which there is no escape”: takeaways from recent cases on dishonesty and conspiracy
11 October 2021The case of Lakatamia Shipping Co Limited v Nobu Su is one of a number of recent judgments to grapple with questions of honesty and credibility.
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Hong Kong court confirms that a party cannot enforce a contract with a unilateral mistake which he/she knew or should have known did not reflect the other party’s intentions
17 December 2021Zhang Qiang v Cisco Systems (HK) Ltd [2021] HKCFI 694 is a case that reminds employers of the importance of putting the right figure in a settlement agreement – especially when dealing with an uncooperative employee. In this case, although ending in the employer’s victory, a typo in the settlement agreement had led to a decade-long lawsuit.
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Employment Lawyers Advising on Investigation Reports: Where Are the Boundaries?
07 October 2019It’s an everyday scenario for employment lawyers and HR professionals. A disciplinary investigation is carried out. A draft report is produced, and the (internal or external) employment lawyer is asked to review and advise on any amendments that might be made to the contents.
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Brexit: where are we now on immigration?
21 October 2019With uncertainty continuing over the Brexit process and how events in Parliament and the Courts may unfold over the coming days, we have taken the opportunity to provide a summary of the immigration implications of a deal and no-deal Brexit, as well as some action points for employers and individuals.
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Dismissal unfair where investigating manager was motivated by dislike of employee's union activities
03 December 2019An employee was unfairly dismissed because the disciplinary process was manipulated by a manager who was motivated by dislike of the employee’s trade union activities, the Employment Appeal Tribunal (“EAT”) has confirmed. This was despite the fact that neither the disciplinary nor appeal manager was influenced by prejudice against union activities.
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Dismissal unfair where decision-maker not given accurate information
27 February 2020The dismissal of an employee for gross misconduct was unfair because the investigating officer failed to share significant new information with the manager conducting the disciplinary hearing who decided to dismiss, the Employment Appeal Tribunal has ruled.
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Covid: Where are we now?
14 September 2023With two new variants, the number of cases rising globally and experts claiming the UK is in the middle of another covid wave, covid is back in the headlines. We look at the current government guidance, common workplace issues and what it all means for employers.
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The employee voice, social media and the culture wars - where to draw the line?
30 November 2023Employers are walking the tightrope between ensuring an open and inclusive workplace, inviting employees to bring their “whole selves” to work, yet protecting against discrimination, harassment and an outbreak of culture wars. Knowing whether and when to step in can be a challenge, particularly in the age of social media and instant communications.
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The new football agent regulations – where are we now?
03 January 2024Those working in the football industry were given a Christmas treat over the festive period. Firstly, after many months of uncertainty and waiting, the FA finally confirmed on 21 December 2023 that the FA’s new Football Agent Regulations will enter into force on 1 January 2024 and will supersede The FA’s Working with Intermediaries Regulations.
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Navigating the UK's Digital Regulation Landscape: Where are we headed under Labour?
18 June 2024The success of the UK’s digital sector and regulatory regime is also inextricably linked to the wider world - ideas, talent, research and investment flow across borders, and our ability to invent and market innovative technology is critical.
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Former BHS directors in breach of duties and personally liable despite taking professional advice on insolvency. Where does this leave directors of distressed companies?
02 July 2024The High Court has handed down a 533-page judgment in proceedings brought by the liquidators of BHS against its former directors for wrongful trading and misfeasance trading, finding them personally liable for at least £18 million. The case is of great significance to directors of distressed companies. We analyse some key points arising.
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When “logos” turn into “no-goes” (Brands & IP Newsnotes - issue 1)
27 September 2015As we move even deeper into an age of digital advertising and social media, it is becoming increasingly important for businesses to have a short hand for their brand; something which denotes the business, stands out as a guarantee of origin and makes the brand instantly recognisable. We’re talking about logos.
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When will a court override an exclusive jurisdiction clause?
30 November 2015In Jong v HSBC Private Bank (Monaco) SA [2015] EWCA Civ 1057, the Court of Appeal upheld the decision of HHJ Purle QC not to override an exclusive jurisdiction clause, setting out the factors to be balanced in the exercise of the court's discretion.
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When a loss becomes a gain: accounting for gains made when mitigating losses
01 February 2016Following a breach of contract, the innocent party is usually entitled to damages. Broadly speaking these are set at a level required to put them in the position they would have been had the contract been performed properly. However, there is no entitlement to recover for avoidable loss and so this gives rise to what is sometimes referred to as a “duty” to take all reasonable steps to mitigate one’s loss. If the steps taken increase the loss overall, the increased figure is recoverable. On the other hand, if steps taken in mitigation are successful, the wrongdoer is entitled to the benefit accruing and their liability is for the resulting loss as lessened. But what happens when the claimant’s steps to mitigate are so effective that he makes a profit, wiping out any loss arising from the breach?
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Highly unattractive: Court criticises complaints raised for the first time when resisting enforcement
04 February 2016The Commercial Court denied an application to resist enforcement and recognition of a French judgment on the basis of public policy. The court reiterated the exceptional nature of the public policy carve out in the Brussels Regulation (44/2001) particularly in circumstances where the grounds relied on by the applicant could have been raised in the foreign court itself.
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When does notice to terminate an employment contract take effect?
30 March 2017The Court of Appeal has ruled that, in the absence of an express contractual term, written notice to terminate a contract of employment is only effective when it is received personally by the employee.
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When does a chat with competitors become illegal?
09 October 2017We all have discussions with counterparts in our industries. Those conversations are often vital to share knowledge, address common issues, and lobby for change. However, conversations with competitors can easily stray into dangerous territory, leading to potentially cartel behaviour.
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When does service provision change amount to transfer of an economic entity?
31 January 2018The European Court of Justice (“ECJ”) was recently required to consider whether the award of a service contract to a replacement contractor in Portugal amounted to the transfer of an economic entity under the EU Acquired Rights Directive (“ARD”). Portugal has no equivalent legislation to the UK’s service provision change (“SPC”) rules
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When to pay interns?
09 February 2018Media outlets have reported that HM Revenue and Customs (HMRC) has initiated a crackdown on unpaid internships, including sending letters warning that “workers” must be paid the national minimum wage and setting up teams to tackle the problem.