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Holiday Pay and Unearned Commission – British Gas Refused Right to Appeal

Last year, the Court of Appeal upheld the view of the Employment Tribunal (ET) and the Employment Appeal Tribunal (EAT) that the Working Time Regulations 1998 can be interpreted so as to conform with EU law in respect of holiday pay (British Gas Trading Limited v Lock and Another). Mr Lock’s normal pay included a commission based on sales in the previous...

High Court Keeps Commercially Sensitive Product Information Secret

Litigation often requires disclosure of highly sensitive commercial details. However, as one intellectual property case concerning a mapping database showed, the courts do have sophisticated means of keeping such information under wraps. A company had spent over £500,000 developing what it described as a unique and ground-breaking database of geospatial and...

Contract Arbitrations and Satellite Litigation – High Court Ruling

Arbitration proceedings are supposed to be a cost-effective and binding means of resolving contract disputes – however, they are all too often productive of satellite litigation. That was certainly so in one case in which the appointment of an arbitrator to a panel of three was so contentious as to require two High Court hearings. A company had settled...

The Trade Union Act 2016

The Trade Union Act 2016, which makes a number of changes to the way in which industrial action is organised, came into force on 1 March 2017. The Act amends the Trade Union and Labour Relations (Consolidation) Act 1992, including Section 226 on the requirement to hold a ballot before any trade union action. Under the new regime, a majority vote in favour of...

How to Value Company Shares – Court of Appeal Guidance

Valuing shares is notoriously difficult and is generally a matter of taking a reasonable view of what a hypothetical buyer might pay. That was the approach taken by the Court of Appeal in putting a price on a minority shareholding in a holiday park. Following a falling out between the four equal shareholders in the company that owned the park, one of them (the...