Working Time: Holidays – 11 KBW

Posted June 7th, 2012 in holiday pay, holidays, news, working time by sally

“Working time is a notoriously complex area, where the interplay between opaque judgments from the CJEU and the complexities of the Working Time Regulations 1998 is capable of causing uncertainty and confusion. Over the last 12 months, the most important working time cases have been on holidays. Some of those cases are likely to have significant financial impact for employers across the piece. This paper 1 attempts to navigate through them in a summary way, dealing with the three areas that are likely to be most important for employers and employees:
(i) What should ‘pay’ be for annual leave?
(ii) When can an employer insist that leave is taken?
(iii) What is the interplay between sickness absence and holiday pay/entitlement?”

Full story (PDF)

11 KBW, 1st June 2012

Source: www.11kbw.com

Ready or Not…: Ground 8 and Potential Public Law Defences – Hardwicke Chambers

“It’s a scene which will be familiar to many housing law practitioners: a tenant turns up to a possession hearing, seeks representation from the duty solicitor, seeks to argue that there are issues of disability discrimination and human rights issues which make it necessary for proceedings to be adjourned, detailed directions to be given and a lengthy wait before arguments on the Equality Act 2010 and the Human Rights Act 1998 can be thrashed out in depth at a possession hearing.”

Full story

Hardwicke Chambers, 31st May 2012

Source: www.hardwicke.co.uk

BAILII: Recent Decisions

Posted June 7th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

A and B v Hampshire Constabulary [2012] EWHC 1517 (QB) (31 May 2012)

CXX v DXX [2012] EWHC 1535 (QB) (01 June 2012)

High Court (Family Division)

Revenue and Customs v Charman & Anor [2012] EWHC 1448 (Fam) (29 May 2012)

High Court (Technology and Construction Court)

Point West London Ltd v Mivan Ltd [2012] EWHC 1223 (TCC) (10 May 2012)

Source: www.bailii.org

Springboard Injunctions – 11 KBW

Posted June 7th, 2012 in contract of employment, injunctions, news by sally

“Whilst springboard injunctions are a well-established remedy, the precise circumstances in which they can be obtained, and their scope and duration, can often be unclear. Two recent decisions offer some helpful guidance. These are QBE Management Services Ltd v Dymoke [2012] EWHC 80 (QB) and Clear Edge UK Ltd v Elliot [2011] EWHC 3376 (QB).”

Full story (PDF)

11 KBW, 1st June 2012

Source: www.11kbw.com

Birmingham riots: gang who shot at police jailed for up to 30 years – Daily Telegraph

Posted June 7th, 2012 in arson, firearms, gangs, news, sentencing, violent disorder by sally

“A gang who shot at officers during last summer’s riots were given sentences of up to 30 years today for what a judge described as a ‘concerted attack on the police’.”

Full story

Daily Telegraph, 7th June 2012

Source: www.telegraph.co.uk

The Verrier Prohibition Managing Regulatory Risk in High Court Proceedings – 11 KBW

Posted June 7th, 2012 in financial regulation, news by sally

“The regulatory risk inherent in High Court proceedings has always (rightly) been firmly on the radar of all litigators in financial services sector. For clients in this sector – be they Lloyds brokers, IDBs, or investment banks – any litigation which impugns their integrity or that of their executives may prove toxic. Fortunately it is relatively rare that these regulatory risks eventuate. This may be the result of careful strategic management, a (fortuitous) lack of regulatory interest, or because the FSA disposes of the concerns with a private warning.”

Full story (PDF)

11 KBW, 1st June 2012

Source: www.11kbw.com

No ‘real risk’ in patent expert sharing confidential information about former employer’s drug product, Court of Appeal rules – OUT-LAW.com

Posted June 7th, 2012 in appeals, confidentiality, injunctions, news, patent attorneys by sally

“A company cannot obtain an injunction banning a patent expert it used to employ from offering advice to her current employer on a legal dispute involving both firms, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 7th June 2012

Source: www.out-law.com

The Scope of Arbitration Agreements – No. 5 Chambers

Posted June 7th, 2012 in arbitration, contracts, news by sally

“PowerPoint slides by Professor Nelson Enonchong which were used at the 145th anniversary of the Budapest Lawyers Association.”

Slides (PDF)

No. 5 Chambers, 1st June 2012

Source: www.no5.com

Rights to Light – Ancient & Modern – Hardwicke Chambers

Posted June 7th, 2012 in easements, news, planning, right to light by sally

“Easements to light are one of the oldest property rights and the principles are very entrenched. However a spate of controversial cases over recent years and general feeling of panic among developers has encouraged the Law Commission to investigate:

‘whether the law by which rights to light are acquired and enforced provides an appropriate balance between the important interests of landowners and the need to facilitate the appropriate development of land.’

This article provides a recap of the current law in relation to rights to light and touch upon some of the problems faced by developers and landowners alike.”

Full story

Hardwicke Chambers, 7th June 2012

Source: www.hardwicke.co.uk

Whistleblowing – 11 KBW

Posted June 7th, 2012 in news, whistleblowers by sally

“In Parkins v Sodexho Ltd [2002] IRLR 109 the EAT held that an employee can make a protected disclosure about a breach of his own contract of employment. This opened up the possibility that almost any grievance raised by an employee might amount to a protected disclosure. The government has announced that the whistle blowing legislation was not intended to cover alleged breaches of an individual’s own contract of employment and intends to amend the legislation to reverse Parkins ‘when Parliamentary times allows’ (BIS Employment Law Review, Annual Update, March 2012).”

Full story (PDF)

11 KBW, 1st June 2012

Source: www.11kbw.com

TUPE Round-Up – 11 KBW

Posted June 7th, 2012 in news, transfer of undertakings by sally

“After a period of relative quiet, there has been a spate of TUPE cases over the last year. This paper looks at those cases, concentrating particularly on the following topics:
(1) Service provision changes
(2) Supply of goods exception
(3) The role of TUPE in insolvency/administration situations
(4) Avoiding TUPE.”

Full story (PDF)

11 KBW, 1st June 2012

Source: www.11kbw.com

Broken promises? Sale and rent back is no answer to a mortgage – Hardwicke Chambers

“Owner occupiers unable to afford their mortgages have sometimes entered into sale and rent back arrangements (‘SRBs’). Under a SRB, the house is sold, often at a discount, but the vendor remains in occupation under a lease granted by the purchaser. According to a 2008 OFT study, even though SRBs were a relatively new phenomenon there had been about 50,000 of them. At that time the SRB market was unregulated. The FSA began to regulate it in 2009. According to a recent FSA press release, ‘the entire SRB market is temporarily shut’. Nevertheless, it is apparent that many tens of thousands of SRBs must have taken place by now.”

Full story

Hardwicke Chambers, 24th May 2012

Source: www.hardwicke.co.uk

Article on Henry v News Group Newspapers Ltd – 4 New Square

Posted June 7th, 2012 in costs, defamation, news, practice directions by sally

“From 1 October 2011 to 30 September 2012 the Royal Courts of Justice and the District Registry at Manchester are operating a pilot scheme for Costs Management in Defamation Proceedings (‘the Defamation Proceedings Costs Management Scheme’), as contained in Practice Direction 51D to Part 51 of the Civil Procedure Rules. This scheme provides detailed rules for costs management, including the provision and approval of costs budgets, and is indicative of the approach propounded by Lord Justice Jackson in his Final Report on Civil Litigation Costs.”

Full story (PDF)

4 New Square, 31st May 2012

Source: www.4newsquare.com

Local Government Update – 11 KBW

Posted June 7th, 2012 in disabled persons, news, social services by sally

Local Government Update (PDF)

11 KBW, 6th June 2012

Source: www.11kbw.com

Age Discrimination – 11 KBW

Posted June 7th, 2012 in age discrimination, employment, news by sally

“‘How radical a change are the age discrimination provisions?’ The short answer is, ‘Very’, or, in the light of the two recent Judgments of the Supreme Court to this area of the law, ‘Very, very’.”

Full story (PDF)

11 KBW, 1st June 2012

Source: www.11kbw.com

Changing terms and conditions and redundancies in an economic downturn – 11 KBW

Posted June 7th, 2012 in contract of employment, news, redundancy by sally

“The latest figures from the Office for National Statistics paint a gloomy picture of the UK economy: two successive periods of negative economic growth; in economic terms, a recession. Experts debate the prognosis for the next few years, but it is inevitable that jobs will be lost and employers will be looking at ways to cut costs from their existing workforce. In this paper, I shall examine the law concerning changes to terms and conditions, and highlight recent case law on making redundancies.”

Full story (PDF)

11 KBW, 1st June 2012

Source: www.11kbw.com

High Court Remedies following Edwards v Chesterfield – 11 KBW

Posted June 7th, 2012 in damages, disciplinary procedures, employment, news by sally

“The decision of the Supreme Court in Edwards v Chesterfield Royal Hospital NHS Foundation Trust & Botham v Minister of Defence [2011] UKSC 58 [2012] ICR 201 (‘Edwards’) represents the latest word from our highest domestic court as to the availability of damages for losses arising following the termination of employment. As has been usual of late, the Justices of the Supreme Court have spoken with several voices. However, the overall effect of the majority decision is to reaffirm and extend the orthodoxy represented by Johnson v Unisys Ltd [2001] ICR 480 (‘Johnson’), notwithstanding that this leads to a number of anomalies, from both the doctrinal and the practical points of view.”

Full story (PDF)

11 KBW, 1st June 2012

Source: www.11kbw.com

Confidential Information – What’s the Latest? – 11 KBW

Posted June 7th, 2012 in confidentiality, employment, news by sally

“Issues of confidence and confidential information are rarely out of the news. Whether the context is the privacy of celebrities, the disclosure of commercial confidences (in exciting arenas such as formula one racing) or attempts by employees to make use of their former employer’s trade secrets, issues of confidence interest the general public. Similarly, issues of confidence are rarely out of the courts. In the past year, there have been a large number of cases which have considered alleged breaches of duties of confidence. This talk is intended to discuss how some of these cases have developed or explained the law in relation to confidential information focussing on:
(a) the scope of duties of confidence;
(b) procedural issues in claims for breach of confidence;
(c) the application of the principles in confidence claims, to the inadvertent disclosure of
privileged material.”

Full story (PDF)

11 KBW, 1st June 2012

Source: www.11kbw.com

Team Move Update – 11 KBW

Posted June 7th, 2012 in contract of employment, employment, law firms, news by sally

“What developments have there been now that the dust has settled on the Tullett litigation?”

Full story (PDF)

11 KBW, 1st June 2012

Source: www.11kbw.com

Managing Regulatory Risk in High Court Litigation – FSA Prohibitions and Disciplinary Proceedings – 11 KBW

Posted June 7th, 2012 in financial regulation, news by sally

“The first point to note about the Verrier prohibition is that it was based squarely on findings made in litigation which was not criminal proceedings nor related directly to regulated activities. This may have been a ‘first’ for the FSA; it is not unprecedented in other regulated sectors. The FSA’s interest was perhaps predictable on the extreme facts of the Tullett litigation. This talk considers the risks from civil litigation more generally for FSA-regulated firms and persons and how their legal advisers can help to identify and manage those risks.”

Full story (PDF)

11 KBW, 1st June 2012

Source: www.11kbw.com