In cases of unfair dismissal, if the Employment Tribunal (ET) accepts that the employee’s dismissal took place for one of the potentially fair reasons for dismissal and a fair procedure was followed, the test becomes whether or not the employer’s decision to dismiss falls within
In a ruling which powerfully confirmed the extra-territorial reach of the English courts, the Court of Appeal opened the way for civil contempt proceedings to be brought against the managing director of two overseas companies (the companies) although he was both a foreign national and
In a case which shone a rare spotlight on the judicial appointments process, a lawyer who was denied promotion to the full-time bench after he clocked up seven penalty points on his driving licence has failed in a High Court challenge to the decision. There
In an important decision for pharmacists and the pharmaceuticals industry, the High Court has helped to define the controversial border between heavily regulated prescription medicines and food supplements that contain the same active ingredients. Two pharmaceutical companies made and marketed a prescription-only drug, the active
In an important victory for developers, which also represents a serious blow to those committed to preserving open spaces for public recreation, a campaigner has failed to convince the Supreme Court that a playing field which had been used by local people for more than
The Limited Liability Partnership (LLP) is a relatively new creature in UK law, so the law relating to this form of ownership is still developing. One key question that has arisen is the employment status of LLP members, which has come into focus following a
The Government’s response to the consultation entitled ‘Transparency and trust: enhancing transparency of UK company ownership and increasing trust in UK business‘, launched in 2013, contains buried deep within it a proposal to abolish the right to have a corporate partner within a limited liability
In an extreme case of workplace malaise, a spectacular falling out between two fund managers who were jointly responsible for the investment strategy of a publicly listed private equity fund was the trigger for a $3 million High Court contract dispute. The fund managers (A
In the latest in a series of cases on the correct calculation of holiday pay (Lock v British Gas Trading Limited and Others), the Court of Justice of the European Union (CJEU) has followed the preliminary opinion handed down by the Advocate General that a
The Court of Appeal has lamented the ‘very regrettable outcome’ to a case in which the failure of an Employment Tribunal (ET) to give clear or rational reasons for upholding a worker’s claim resulted in an entirely abortive legal process. In a strongly worded decision,
