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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...

Cava Maker Must Pay Euros 1.3 Million for Champagne Copyright Infringement

Penalties for infringement of trade marks and other intellectual property rights can be severe. In one case, a Spanish company that sold millions of bottles of cava into the UK market in breach of a champagne producer’s rights was stripped of the entire Euros 1.3 million profit it made from its wrongdoing. The cava bore a name, label and general get up that...

Property Investor Must Pay £120,400 Estate Agency Commission

It may come as a surprise to some property owners that estate agency fees are often payable regardless of whether a buyer is introduced by the agency concerned. A property investor found that out the hard way after the Court of Appeal found him liable to pay a £120,400 commission on the £6.8 million sale of a country estate. The investor had agreed to an...

Extending Your Home? Don’t Jump the Gun!

Local authorities can give ‘prior approval’ for relatively small domestic developments without the need for a full planning application – however, it is vital not to jump the gun. A guideline High Court decision established that ‘prior’ is the operative word and that such approval cannot be sought for developments that have already...