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Client Connections ‘Are Not Assets’, Court of Appeal Rules

Client connections built up over a working life are certainly valuable, but the ability to take customers with you from one job to another is not in itself an ‘asset’, the Court of Appeal has ruled in a case of particular interest to the financial services industry. The case concerned a team of experienced professionals who had moved from a bank to an...

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...

The Legal Issues of removing videos from Youtube, Facebook and Twitter

The legal issues of removing video content from Youtube, Facebook, Twitter and other social media Josiah Hincks’ Intellectual Property Solicitors in Leicester, were recently instructed on an urgent basis to seek the removal of a video from Youtube, Facebook, Instagram, Twitter and other social media sites. We successfully had the offending video removed...

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...