UK motor insurance policies cover the driver, not the vehicle, and disputes can arise if multiple insurers bear potential liability following an accident. In resolving one such disagreement, the High Court gave guidance that will provide invaluable in resolving many others in the future. The case concerned an accident in which a car left the…
The Law requires that commercial contracts are interpreted on the basis of the words actually used and it is illegitimiate to apply hindsight in order to achieve what might be viewed as a fair outcome. In an important decision in an employment case, the Court of Appeal found that a Judge fell into precisely that…
Workers who disclose information in the public interest are entitled to protection as whistle-blowers – but what exactly qualifies as ‘information’ within the meaning of the Employment Rights Act 1996? The Court of Appeal has considered that issue in a guideline case. What happened? A local education authority employee claimed to have suffered detrimental treatment…
Many employees, particularly in the care industry, are required to sleep in overnight at or near their workplaces in order to provide assistance if needed – but are they entitled to receive the National Minimum Wage (NMW) for hours spent in slumber? The Court of Appeal has tackled that issue in a guideline ruling. The…
Two reasons why you should always seek legal advice before launching employment proceedings are; that strict time limits apply and that a failure to properly focused your claims at the outset can results in all or some of them being dismissed without a hearing. A case concerning a Sales Executive who was dismissed shortly after…
Every sensible business owner is aware that today’s trusted employee may become tomorrow’s competitor. However, as a High Court ruling showed, with the right legal advice and professionally drafted employment contracts, powerful steps can be taken to discourage disloyalty. The case concerned a company that specialised in providing sports-related tours and holidays. Following a breakdown…
Dependent spouses are entitled to have their reasonable financial needs met if their marriages end in divorce – but what happens if those needs are increased by their own unwise investment choices? The Supreme Court addressed that issue in an important test case. Following the end of a 15 year marriage, a divorce settlement was agreed…
If you are facing disciplinary proceedings at work, it makes sense to contact a Lawyer straight away. The point was made by one case in which a Judge came into the aid of a Consultant Psychiatrist who faced accusations of gross misconduct after a young prison inmate hanged himself. The Psychiatrist worked part time at…
“A new commercial premises for your business is a huge financial commitment but can be an exciting step in further developing your business. As a Landlord, a good long term tenant can provide you security of income for many years. However, when things go wrong the costs of resolving a dispute can be substantial. So…
The Law does not require children to be wrapped in cotton wool and recognises that play facilities must be thrilling as well as healthy. However, as a High Court decision showed, that does not mean that it is acceptable to expose youngsters to reasonably foreseeable risks without adequate warning. The case concerned an inflatable structure…
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