Searching Content indexed under Trials & Appeals & Compensation by Dentons ordered by Published Date Descending.
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Court Of Appeal's Paradigm Shift On Rectification For Common Mistake: FSHC v. GLAS
The Court of Appeal has recently reversed a controversial line of case law on the rectification of contracts where both parties are mistaken as to the contract's legal effect.
22 Aug 2019
What Does A Landowner Have To Do To Resist The Imposition Of Code Rights?
EE Ltd v. Sir James H E Chichester [2019] UKUT 164 (LC) considers the ability of landowners to resist the imposition of rights pursuant to the Electronic Communications Code (Code) where they intend to redevelop their land.
15 Aug 2019
Dentons' Business Crime And Investigations Podcast – Episode 1 (Video)
Combating financial crime is a serious issue for firms in the regulated sector and brings with it many challenges for compliance and legal practitioners.
31 Jul 2019
Tribunal Issues Different Decisions For Different Contracts In IR35 Ruling
In the case of George Mantides Ltd v. HMRC [2019] TC07202, a personal services company (the Company) appealed against tax and NIC assessments under the IR35 rules.
18 Jul 2019
The Problem With Business Rates In The Real World
Legal practitioners have been spoilt in recent years by a wealth of important cases concerning business rates.
12 Jul 2019
Court Of Appeal Rules That Employers Can Enhance Maternity Pay Without Offering Enhanced Shared Parental Pay
The Court of Appeal has held that it is neither unlawful sex discrimination (direct or indirect) nor a breach of the sex equality clause implied into all contracts by the Equality Act 2010
13 Jun 2019
Call In Blitz Offers Black Hole For London Delivery
The Mayor of London and the Government are looking to London densification to avoid moving, extending and reshaping London's Green Belt as part of a wider regional strategy
11 Jun 2019
No Place For Market Practice: CFH Clearing v. Merrill Lynch International
The High Court has held that a bank was not obliged to reprice or cancel foreign exchange spot trades entered into at a time of severe market disruption in accordance ...
10 Jun 2019
Can A Transfer Of Clients' Investments Amount To A Transfer Of Undertakings?
In Dodic v. Banka Koper and Alta Invest (Case c-194/18) EU:C:2019:385, the ECJ was asked to consider whether the transfer of intangible client investments from one undertaking
7 Jun 2019
Investment Court Clears Key Legal Hurdle With Court Of Justice Of The European Union (CJEU) Opinion 1/17
The Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union entered into provisional application on September 21, 2017.
European Union
6 Jun 2019
Supreme Court Grants Morrisons Permission To Appeal Employee Data Breach
The Supreme Court has granted Morrisons permission to appeal against the Court of Appeal's ruling, which found that the supermarket chain was vicariously liable for a former employee's data
16 May 2019
Round-Up Of Litigation And ADR Procedure News For In-House Lawyers (UK Construction Focus)
Our latest briefing focused on UK construction disputes summarises recent changes to court procedure and news on alternative dispute resolution (ADR) processes.
15 May 2019
Prevention Principle And Expressly Agreed Terms
Parties to a construction contract may allocate the risk of concurrent delay without being in contravention of the common law doctrine of prevention
26 Apr 2019
Is It Still Viable To Run An Internal Disciplinary Process Alongside Criminal Proceedings?
The Court of Appeal's decision in the case of North West Anglia NHS Foundation Trust v. Gregg [2019] EWCA Civ 387 brings some welcome reassurance to employers ...
22 Apr 2019
The Dangers Of Dismissing An Employee In Close Proximity To A TUPE Transfer
In the recent case of Hare Wines Ltd v. Kaur, the Court of Appeal considered whether the employee's dismissal on the day of a TUPE transfer for allegedly personal reasons was in fact related to TUPE...
9 Apr 2019
Business Rates Mitigation Schemes – The Court Of Appeal Refuses To "Pierce The Corporate Veil"
In a decision to be welcomed by ratepayers, the Court of Appeal in Rossendale Borough Council and others v. Hurstwood Properties (A) Limited
5 Apr 2019
Appeal Court Upholds Privilege
Gurbinder Grewal and Natalia Fludra of Dentons UK and Middle East LLP examine the implications of a recent appeal court ruling that clarifies the scope of legal professional privilege.
8 Mar 2019
Can A Complaint About Defamation Be A Protected Disclosure For The Purpose Of A Whistleblowing Claim?
The Public Interest Disclosure Act 1998 came into force on 2 July 1999, inserting sections 43A to 43L and 103A into the Employment Rights Act 1996 and providing protection for workers reporting malpractices by their employers.
8 Mar 2019
Distinguishing Between "Advice" And "Information" When Assessing The Scope Of Liability In Professional Negligence Claims: Manchester Building Society V. Grant Thornton
The Court of Appeal has considered the application of the "SAAMCO principle" in deciding the scope of an auditor's liability for negligent accounting advice (Manchester Building Society v. Grant Thornton [2019] EWCA Civ 40).
26 Feb 2019
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