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Homelessness Charities in Transfer of Undertakings Test

Four charity workers whose roles were shifted from one employer to another during a consolidation exercise will suffer no ill effects in terms of their pay and conditions after convincing a tribunal that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) applied to their cases. The four were employed by charity A, which provided...

Trouble with the Neighbours? A Good Lawyer Can Help!

Some neighbours are friendlier than others and, if you feel that your rights are being trampled upon, a good lawyer can help you. In one case, an equestrian couple who were harassed by a farmer, who flouted their right of way across his land, won an injunction and thousands of pounds in damages. The couple ran an equestrian centre and riding school from their...

Investment Bank Defeats $1.2 Billion Undue Influence Claim

Business relationships depend on cordiality and trust – but at what point do such arrangements give rise to dependency and a duty of care? The High Court addressed that thorny issue in the case of a sovereign wealth fund that blamed an investment bank after losing more than $1 billion following the 2008 financial crisis. The fund was established to manage...

Limitations on Liability for Losses at Sea – High Court Ruling

The perils of the oceans are obvious and, in order to facilitate international trade, the law has long placed limits on potential liabilities in respect of losses incurred at sea. However, in a case that broke new legal ground, the High Court has ruled that one such limitation does not apply to bulk cargoes. The Hague Rules, which are incorporated in the...

£3 Million Fine Upheld After Offshore Gas Leak Risked Workers’ Lives

Fines imposed on companies for health and safety breaches are meant to hurt and their size in part depends on the scale and prosperity of the perpetrator. In one case, an energy company with a turnover of £4.8 billion was fined £3 million in respect of an offshore gas leak that put lives at risk. The company, a subsidiary of an American multinational, was hit...

High Court Enforces £150 Million Russian Bank Judgments

Diplomatic relations between nation states ebb and flow but political differences are not a bar to cross-border cooperation between legal systems. In one case, the High Court directed enforcement of Russian judgments worth £150 million against a Russian businessman resident in London. The businessman had been the president of a large Russian construction group...