Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2019] EWCA Civ 27 – Hardwicke Chambers

Posted February 20th, 2019 in enforcement, injunctions, insolvency, jurisdiction, news, stay of proceedings by sally

‘This case concerned both the appeal in Bresco v Lonsdale and Cannon Corporate v Primus Build. The present case comment is only concerned with the former.’

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Hardwicke Chambers, 6th February 2019

Source: hardwicke.co.uk

As The State Continues Its Censorship, We Need To Remember That Drill Artists Have Free Speech Too – Rights Info

‘South London Drill artists AM and Skengdo were handed suspended jail sentences for performing their song ‘Attempted’ at a concert in Camden in December 2018.’

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Rights Info, 19th February 2019

Source: rightsinfo.org

Shutting Pandora’s Box – Hardwicke Chambers

Posted February 19th, 2019 in appeals, construction industry, contracts, injunctions, insolvency, jurisdiction, news by sally

‘Ever since 31 July 2018, when Fraser J handed down his judgment in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in liquidation) [2018] EWHC 2043 (TCC), many of those involved in either insolvency or construction have been in a state of confusion tinged with disbelief. The potential ramifications were quite startling and the unease was only heightened by the more or less contemporary but very different decision of HHJ Waksman QC (as he then was) in Cannon Corporate Ltd v Primus Build Ltd [2018] EWHC 2143 (TCC). Both matters came before the Court of Appeal in November, since when the legal profession has been holding its collective breath. Now that the Court of Appeal has handed down its much-awaited judgment in these conjoined appeals the exhalation has been audible.’

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Hardwicke Chambers, 7th February 2019

Source: hardwicke.co.uk

Lucy Bone on Confidentiality Clauses and Sexual Harassment – Littleton Chambers

‘Can an employer rely on a contractual confidentiality clause to prevent disclosure of allegations of harassment and discrimination? This was the question posed in Linklaters v. Mellish [2019] EWHC 177, heard by the High Court last week.’

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Littleton Chambers, 18th February 2019

Source: www.littletonchambers.com

Linklaters’ “women in the workplace” dispute settled – Legal Futures

‘The legal dispute between City giant Linklaters and its former global business development director over his intention to discuss its “ongoing struggle… with women in the workplace” has ended.’

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Legal Futures, 19th February 2019

Source: www.legalfutures.co.uk

Lawyers investigated over Sir Philip Green’s gagging orders – Daily Telegraph

‘The regulator has begun an investigation into solicitors involved in gagging Sir Philip Green’s staff in a move which could result in sanctions including being struck off, the Telegraph can reveal. The Solicitors Regulation Authority (SRA) is understood to be looking into the grievance procedure and subsequent non-disclosure agreements (NDAs) signed by at least one of Sir Philip’s previous employees who accused the billionaire of sexual harassment.’

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Daily Telegraph, 11th February 2019

Source: www.telegraph.co.uk

Drill music crackdown ‘fails to address root causes of youth violence’ – The Guardian

‘Campaigners and artists have sharply criticised the police crackdown on drill music, warning this “punitive” approach will ultimately fail to tackle the root causes of youth violence.’

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The Guardian, 10th February 2019

Source: www.theguardian.com

Adjudication and insolvency – guidance from the Court of Appeal – Practical Law: Construction Blog

‘Summer 2018 will be remembered as a special time by many readers of this blog: whether it was the spectacular weather, the giddy heights hit by the England football team, or Fraser J’s decision in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (In Liquidation), it was a summer to remember.’

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Practical Law: Construction Blog, 6th February 2019

Source: constructionblog.practicallaw.com

What is really being protected in the Linklaters case? – Legal Futures

‘The Linklaters v Mellish case has brought the issue of how law firms deal with sexual harassment, and how the courts deal with confidentiality, back into the spotlight.’

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Legal Futures, 7th February 2019

Source: www.legalfutures.co.uk

Magic circle firm wins gagging order over ‘struggle with women in workplace’ – Law Society’s Gazette

Posted February 6th, 2019 in confidentiality, injunctions, law firms, news, public interest, women by tracey

‘Magic circle firm Linklaters has secured an order barring its former director of business development from giving interviews about what was described in court as an “ongoing struggle with women in the workplace”.

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Law Society's Gazette, 6th February 2019

Source: www.lawgazette.co.uk

Sheffield tree protesters win wrongful arrest payout – The Guardian

‘Campaigners who were wrongfully detained while protesting against tree felling in Sheffield have been given a £24,300 payout by South Yorkshire police.’

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The Guardian, 4th February 2019

Source: www.theguardian.com

Pair narrowly avoid jail after ‘sharing photos of James Bulger killer online’ – The Independent

‘Two people have narrowly avoided jail after sharing information online said to be about James Bulger killer Jon Venables.’

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The Independent, 31st January 2019

Source: www.independent.co.uk

What are non-disclosure agreements? – BBC News

Posted January 29th, 2019 in disclosure, harassment, injunctions, media, news, racism by sally

‘Topshop boss Sir Philip Green has dropped his legal action against the Daily Telegraph, which prevented it publishing allegations of racist behaviour and sexual harassment. He had argued that former staff were breaking the law by breaching non-disclosure agreements (NDAs) they had signed. So how do these work?’

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BBC News, 28th January 2019

Source: www.bbc.co.uk

Philip Green ends ‘gagging order’ legal action against Telegraph – The Guardian

‘Sir Philip Green and his business empire, Arcadia, have ended their legal claim against the Telegraph after the newspaper reported allegations of sexual and racial harassment against him.’

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The Guardian, 28th January 2019

Source: www.theguardian.com

Costs ‘disproportionately high’ in Russian oligarch battle – Law Society’s Gazette

Posted December 18th, 2018 in costs, freezing injunctions, jurisdiction, law firms, news, proportionality by sally

‘City firm Macfarlanes ‘hampered’ the court by failing to provide a clear breakdown of costs, a judge has ruled in the latest development of a billion-pound battle for control of a global fishing company.’

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Law Society's Gazette, 17th December 2018

Source: www.lawgazette.co.uk

Sir Philip Green: Injunctions, Non-Disclosure Agreements and Parliamentary Privilege – Rights Info

‘In October, Sir Philip Green was revealed in Parliament as the businessman at the heart of ‘Britain’s #MeToo scandal’. The revelation sparked an intense debate about injunctions, non-disclosure agreements, parliamentary privilege and the relationship between Parliament and the courts. But what does all mean? In this explainer we get to the bottom of it.’

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Rights Info, 17th December 2018

Source: rightsinfo.org

Injunctions in Anticipation of the Inevitable – Illegal Raves, Flytipping and Travellers – Hardwicke Chambers

Posted December 12th, 2018 in injunctions, news, travellers, trespass, waste by sally

‘There are increasing numbers of injunctions against incursions onto private and public land by “persons unknown”.’

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Hardwicke Chambers, 7th November 2018

Source: hardwicke.co.uk

Improvement clauses needing improvement – Nearly Legal

Posted November 23rd, 2018 in appeals, drafting, housing, injunctions, landlord & tenant, news, repairs by sally

‘An object lesson in the need for clarity in tenancy agreements. This was an appeal from a first instance decision of HHJ Luba QC. Mr H was Network’s assured tenant of a flat in a block used for a sheltered housing scheme. Following a fire safety inspection, Network proposed to replace all the flat entrance doors. Mr H would not give access to Network to do so unless certain conditions were met. No agreement was reached and Network applied for an injunction for access.’

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Nearly Legal, 22nd November 2018

Source: nearlylegal.co.uk

Victims of gagging clauses to get a voice as Parliament launches inquiry in wake of Sir Philip Green scandal – Daily Telegraph

‘Victims forced to sign gagging clauses could be given a voice as Parliament today launches a new inquiry into the use of non-disclosure agreements following the scandal surrounding Sir Philip Green.’

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Daily Telegraph, 13th November 2018

Source: www.telegraph.co.uk

Unauthorised works to listed building sees owner ordered to pay £80k – Local Government Lawyer

Posted November 9th, 2018 in injunctions, listed buildings, monuments, news, planning, prosecutions by tracey

‘Horsham District Council and Historic England have successfully prosecuted a landowner for unauthorised works to a listed building and scheduled monument.’

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Local Government Lawyer, 8th November 2018

Source: www.localgovernmentlawyer.co.uk