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The Perils of Dismissing a Senior Employee

Terminating the employment of senior personnel can be legally complex and costly and, even when professional advice is taken, things can go wrong. The point was made by a case concerning a consultancy group that dispensed with the services of its CEO in acrimonious circumstances. Following the termination of his employment, the CEO launched proceedings against...

Prescriptive Rights of Way – The Absence of Permission Is Vital

Rights of way across the land of others can become established if they have been used openly and without force for at least 20 years. However, such use must also be without permission and, as one case showed, that can often prove a sticking point. The owners of land on which a workshop stood claimed a vehicular right of way over an adjoining yard. The First-tier...

High Court Ruling Underlines Relentless Demand for Urban Housing

Relentless demand for housing in urban areas means local authorities are reluctant to approve developments that entail the loss of even a small number of residential units. The point was made as the High Court scotched two proposals to knock multiple Central London properties into one. The proposals involved turning four small flats into one unit and two...

Compulsory Purchase and Development Value – Court of Appeal Ruling

When private land is compulsorily acquired by public authorities, former owners are entitled to compensation equal to its open market value, which includes any development potential. That point was made in a Court of Appeal case concerning a field that was needed by a local authority for construction of a new school. The council argued that compensation payable...

High Court Prioritises Patient Care in NHS Contract Tendering Dispute

The award of public contracts is automatically suspended if disputes arise as to the fairness of the tendering process. In deciding whether such suspensions should be continued until trial, however, judges have to strike a tricky balance between public and private interests. One such case concerned a company that had made an unsuccessful bid for a laboratory...

Employment Tribunals Bend Over Backwards to Ensure Fair Hearings

Employment Tribunals (ETs) are at the forefront of the battle to eradicate discrimination in all its forms from the workplace. It is obviously vital that they practice what they preach and that is all the more reason why they are anxious to ensure that even the most vulnerable complainants receive a fair hearing. One case in point concerned an academic who...