The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) provide vital protection to workers affected by commercial decisions over which they have no control. However, as one case involving a group of construction workers illustrated, their interpretation has been a constant source of legal
Commercial contracts often specify how compensation should be calculated in the event of a breach. However, in one important case involving the shutdown of a North Sea gas field, the High Court has considered whether such terms debar injured parties from also claiming damages. A
The Department for Business, Innovation and Skills has issued new guidance on zero hours contracts. This explains what they are, how they affect a worker’s employment rights, and gives advice on their appropriate use and best practice. In addition, information is provided on alternatives to
Advances in technology can sometimes leave the law far behind and that is certainly so in the case of burgeoning online minicab company Uber. A dispute between Uber and London’s black cab trade all came down to interpretation of a law which was passed at
Planning applications often engage many competing interests and maintaining public confidence in the process can be a minefield for decision-makers. In one case, a housing development was blocked by the High Court on grounds that a councillor whose vote proved decisive gave the appearance of
Complex corporate structures which spread across the world can make enforcement of court judgments extremely difficult. However, in one case, the High Court did all it could to assist a bank in recovering a $243 million debt from an overseas company. The bank had been
The outcome of employment cases often depends on the credibility of witnesses, and tribunals cannot duck their responsibility to resolve conflicts of evidence. That point was forcefully made in the case of an NHS care assistant who was sacked after being accused of threatening a
The appearance of neighbourhoods deeply matters to residents and local authorities have the power to compulsorily purchase derelict eyesores – however, the cost of doing so can be punitive amidst a galloping property market. In one case, a council ended up paying far more than
Champagne houses are well known for their success in jealously protecting their brands against those who take unfair advantage of their sparkling reputations. In one example, the makers of a premium Champagne triumphed in a High Court trade mark infringement action against the producers of
In a case which underlined the need for independent legal advice before entering into potentially life-changing transactions, a widow has failed to convince the High Court that she gave her £1.25 million home to her son and daughter-in-law by mistake. The woman argued that she
