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Insuring a Risk? Absolute Frankness Is the Best Policy!

When you take out an insurance policy, it might seem tempting to minimise the risk insured against with a view to reducing the premium. However, one High Court case concerning a catastrophic property fire showed why absolute frankness is required. The case concerned a five-storey mixed commercial and residential property that was so severely damaged by a fire...

Were You Dismissed Or Did You Resign? Context is King

Before accepting an employee’s resignation, it is crucially important to be certain that that is their true intention. In one case, an Employment Tribunal (ET) found that a letter in which a woman asked her manager to ‘please accept one month’s notice’ was ambiguous and did not amount to a resignation. The woman, who was employed by an NHS trust, was not...

Shipping – Judges Will Not Rewrite Bargains Freely Entered Into

Commodity prices go up and down and it sometimes makes financial sense for fully laden vessels to remain at sea for extended periods before discharging their cargos. In considering the financial consequences of one such situation, the High Court emphasised that judges are not in the business of rewriting bargains that have been freely entered into by...

Doubts over Validity of Parking Agreements Dispelled by Court of Appeal

The pressure on vehicle parking spaces in London is extreme and many boroughs have entered into agreements with developers that new residents will not be entitled to apply for parking permits. Doubts in respect of the validity of such arrangements have now been dispelled by an important Court of Appeal ruling. A borough had granted planning consent for the...

Discriminated Against? You Can Be Compensated for Injury to Your Feelings

If you suffer discrimination in the workplace you can be compensated for injury to your feelings as well as for your financial losses. A £12,000 award was made under that head in one striking case in which a woman was told that she was being made redundant on the same day that she put in a request for maternity leave. The woman, who had a senior managerial role...