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Staff who are transferred from one employer to another have a right to work under the same terms and conditions as before, but what happens if such provisions become obsolete? That was the issue facing the Employment Appeal Tribunal (EAT) in a guideline case. Continue reading →
Property title deeds often contain restrictions on future use of the land and one of the most common is a requirement that only one house can be built on a single plot. It may be thought that such a restriction must be adhered to forever, but if the circumstances are appropriate, restrictions can be lifted if they impede reasonable developments from reaching fruition. Continue reading →
Some forms of workplace misconduct may appear to be so serious as to obviously justify dismissal as a matter of common sense. However, as an instructive decision of the Employment Appeal Tribunal (EAT) showed, the need for even-handed fairness and consistency is a constant in every employment case, no matter how grave (Doy v Clays Limited). Continue reading →
One of the motivations for setting up a limited company is that the risk for the shareholders is limited to the investment they have made in the company’s shares. Continue reading →
In the heat of office disputes, it is only too easy for employers to unwisely take hasty action and make accusations that do not stand up to proof. A High Court case in the context of the insurance industry showed just how costly a failure to take stock and seek legal advice can be (Brown and Another v Neon Management Services Limited and Another). Continue reading →
Rent review clauses are normally straightforward, but when they are not there may be trouble brewing. Recently, a case involving an office block in Bromley found its way to the Court of Appeal. In dispute was the amount of rent payable on the rent review date. Continue reading →
The Advisory, Conciliation and Arbitration Service (ACAS) has issued guidance informing job applicants and employers of the legal requirements appertaining to employment references. Continue reading →
Hospital accident and emergency (A&E) departments work under intense pressure but, if negligent mistakes are made, it is only right that compensation is paid. In a case in point, a boy who was sent home from a hospital despite suffering from a rare brain infection secured a seven-figure compensation pay out from the NHS. Continue reading →
Worldwide freezing orders are an essential means by which dissipation of wrongfully obtained money and assets can be effectively prevented. However, as an important High Court ruling showed, such orders are worth little more than the paper they are written on if they are obtained without full and fair disclosure of evidence. Continue reading →
Healys is proud to announce that, for the third year running, the legal directory Chambers & Partners has ranked Head of Professional Negligence, Robert Johnson, as a “Leader in the Field”. Newly appointed Corporate partner, Karen Lord, has also been recommended. Continue reading →
