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Does a Limb B) worker qualify as an employee for purposes of TUPE?
Added: 09.12.2019   |  Tags:  Comments  Employment Law
In Dewhurst and Others v Revisecatch Limited t/a Ecourier and City Sprint (UK) Ltd the ET has answered this question in the affirmative.

David Lascelles in further Court victory on £1.5billion Candy brothers claim
Added: 03.12.2019   |  Tags:  Comments  Cases  Commercial Law
On Friday, David Lascelles appeared before Michael Green Q.C. (sitting as a Judge of the High Court) on the Claimant’s application for an extension of time to appeal a July 2019 High Court judgment

Alexander Halban published in the Commercial Litigation Journal on jurisdiction
Added: 28.11.2019   |  Tags:  Comments  Commercial Law  Articles
Alexander Halban has had an article published in the Commercial Litigation Journal on challenges to jurisdiction.

The Reason Behind The Reason Behind The Decision To Dismiss
Added: 27.11.2019   |  Tags:  Comments  Employment Law  On Employment
The Supreme Court has allowed the appeal in Royal Mail Group Ltd -v- Jhuti [2019] UKSC 55 and has held unanimously that when deciding what was the reason for dismissal in unfair dismissal, it may not be enough simply to consider what was subjectively in the mind of the decision-maker.

Court of Appeal clarifies proper forum in multi-party conspiracy claims
Added: 27.11.2019   |  Tags:  Comments  Commercial Law  Articles
On 26 November 2019, the Court of Appeal gave judgment in ED&F Man Capital Markets Ltd v Straits (Singapore) Pte Limited [2019] EWCA Civ 2073. It clarifies when England will be the proper forum in multi-party conspiracy claims against defendants based in different jurisdictions. It contains a useful analysis of the recent Supreme Court judgment in Vedanta Resources plc v Lungowe [2019] UKSC 20, [2

Judicial mediation in the Employment Tribunal: How to make the most of it
Added: 25.11.2019   |  Tags:  Comments  Employment Law
Judicial mediation seems to be something of a Marmite topic among employment practitioners. Some see it as a cost-effective option for settling what might otherwise prove to be long-running and costly litigation. Others see it as a time-consuming and often unsuccessful exercise, conducted by individuals who are employed as judges (not mediators) for a reason.

The importance of pre-action decisions in employee competition litigation
Added: 21.11.2019   |  Tags:  Comments  Employment Law
Employee competition litigation typically starts with the discovery of some perceived threat to a business: perhaps the theft or removal of confidential documentation or information; the co-ordinated departure of key employees; or evidence of breaches of post termination covenants. Decisions have to be taken, often under time pressure, about how best to respond to that threat: is a without notice

Legal Advice Privilege and Dismissal
Added: 12.11.2019   |  Tags:  Comments  Employment Law  Articles
Two recent cases have cast light on the issue of legal professional privilege in employment disputes.

Nick Goodfellow successful in committal and debarring application in fraud claim
Added: 12.11.2019   |  Tags:  Comments  Cases  Commercial Law
Domestic & General Group Ltd v Domestic Assist Ltd and Mr Matthew Scott [2019] 11 WLUK 119 Nick Goodfellow appeared for D&G in an application to commit Mr Scott to prison for breach of an order obliging Mr Scott to provide information in an affidavit and for knowingly making a false statement in that affidavit.

John Bowers QC's Employment Law Blog: November
Added: 04.11.2019   |  Tags:  Comments  Employment Law  On Employment
S145B of the Trade Union and Labour Relations Consolidation Act 1992 (“the 1992 Act”) is an under explored provision which has only just received the attention of the Court of Appeal, and has only once been considered by the EAT.

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