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Aircraft Noise Immunity Prevails in Court of Appeal Nuisance Case

A couple who said that shattering helicopter noise from a nearby aerodrome made their lives a misery and stymied their hopes of selling their £4 million home will just have to live with the racket following a Court of Appeal ruling. After the couple launched proceedings alleging noise nuisance, a judge described the sound of helicopters making training flights...

Football Club Assistant Manager Unfairly Dismissed Tribunal Rules

Disciplinary proceedings are a source of anxiety for any employee and, if they are allowed to drag on for too long, that in itself can be unreasonable. An Employment Tribunal (ET) made that point in awarding substantial compensation to the former assistant manager of a football club who was unfairly sacked. The man had been accused of verbally abusing members of...

Company Shares Held in Trust – High Court Identifies Pitfall

Company shares are often held in trust by nominees for the benefit of others, but it is vital to remember that it is only the former who have a legal right to litigate on behalf of the trust. The High Court made that point in the case of a businessman who claimed to have been fraudulently deprived of shares that he beneficially owned. The businessman claimed...

Contract Arbitrators’ Factual Findings Accorded Judicial Respect

The decisions of contract arbitrators are accorded due respect by the courts and only in exceptional cases will judges go behind their findings of fact. That point could not have been more clearly made than in one High Court case concerning an allegedly defective shipment of fertiliser. The buyers of 4,500 metric tonnes of fertiliser had paid more than Euros...

Fair Treatment of Minority Shareholders – High Court Ruling

Minority shareholders may not have control of companies but they are entitled to fair treatment and to have a role in decision making. The High Court made that point in ordering that a businessman who was excluded from his managerial position in a company must be bought out of his 49 per cent shareholding for over £300,000. Half of the shares in the company...