ArticleNo Last Shot In Battle Of The Forms Where Each Party Claimed To Be Contracting On The Other’s TermsThe contractor’s terms provided for disputes to be adjudicated: the supplier’s terms did not.United KingdomCorporate/Commercial LawCharles Russell Speechlys LLP
ArticleNon-Compete Covenants And Step-In Rights – Implications For Domiciliary Care FranchiseesA recent case has confirmed that non-compete covenants and step-in rights given to the franchisor under a standard franchise agreement could be upheld.United KingdomCorporate/Commercial LawCharles Russell Speechlys LLP
ArticlePayment Of Invoice Did Not Mean That A Contract Had Been FormedThis case involved a rogue intermediary, Gwent, who took orders for cars from customers. United KingdomCorporate/Commercial LawCharles Russell Speechlys LLP
ArticleProblems When Applying Blue Pencil TestThis case involved a dispute between franchisor and franchisee relating to the "Restricted Area" in post termination covenants. United KingdomCorporate/Commercial LawCharles Russell Speechlys LLP
ArticleTaking Precedence – Court Of Appeal Rules On When To Consider Contractual Order Of Precedence ClausesA recent Court of Appeal shows how the courts will decide on contractual obligations where such rights and obligations are contained in multiple documents.United KingdomCorporate/Commercial LawCharles Russell Speechlys LLP
ArticleThe Effect Of Whole Agreement Clause Is That Representation Is Never MadeThe case concerned a claim for the balance of deferred consideration due under a sale agreement for shares. United KingdomCorporate/Commercial LawCharles Russell Speechlys LLP
ArticleUpdate On Shareholder Rights Directive II: FCA Feedback And Final Rules On RPTsSince our note on 23 May, the FCA published its final rules implementing SRD II (on 31 May), ten days before the 10 June 2019 deadline for transpositionUnited KingdomCorporate/Commercial LawCharles Russell Speechlys
ArticleEnglish Courts Imposing Increased Prison Terms For CorruptionPrison sentences have been handed down to four defendants in a case where corrupt payments were obtained for passing on confidential procurement information to bidding suppliers. United KingdomCriminal LawCharles Russell Speechlys LLP
ArticleFurlough - The Future Of Fraud?Recent headlines have suggested that up to £3.5 billion may have been fraudulently claimed under the government furlough scheme since it started earlier this year.United KingdomCriminal LawCharles Russell Speechlys LLP
ArticleSecond Corporate Manslaughter ProsecutionIn the second case of its kind, Lion Steel Ltd has been charged with corporate manslaughter following the death of an employee.United KingdomCriminal LawCharles Russell Speechlys LLP
ArticleAgency workers and discrimination / Liability Lacuna?Two recent decisions affecting agency workers, and their status and rights, highlight potential loopholes in the current discrimination legislation. United KingdomEmployment and HRCharles Russell Speechlys LLP
ArticleCollective Redundancy Consultation - Change To LawThe ECJ's recent decision in the case of USDAW v WW Realisation on the scope of "establishment" for collective redundancy consultation purposes will be welcomed by employers.United KingdomEmployment and HRCharles Russell Speechlys LLP
ArticleCourt Concludes That Energy Act Prevents Reduction In Future BenefitsThe High Court has handed down its judgment in Urenco UK Limited v Urenco UK Pension Trustee Company Limited and Others [2012] EWHC 1495. United KingdomEmployment and HRCharles Russell Speechlys LLP
ArticleDWP Launches Consultation On Drafting Amendment To Corporate Restructuring EasementsWhere an employer/trustees are considering the treatment of a potential Section 75 debt (a "statutory debt")United KingdomEmployment and HRCharles Russell Speechlys LLP
ArticleHirers Retain Flexibility As Agency Worker Claim Denied By The Court Of AppealIn a decision that will be welcomed by employers with a requirement to use agency workers to fill staffing gaps as work fluctuates, the Court of Appeal...United KingdomEmployment and HRCharles Russell Speechlys
ArticleIncentive Exercises - Pensions Industry Agrees Code Of Good PracticeFollowing on from the Pensions Regulator’s guidance on incentive exercises, Steve Webb, the Pensions Minister, challenged the pensions industry to put together its own Code of Practice.United KingdomEmployment and HRCharles Russell Speechlys LLP
ArticleNews: Executive PayThis issue continues to dominate the headlines particularly with the so-called "shareholder spring".United KingdomEmployment and HRCharles Russell Speechlys LLP
ArticleOther Employment NewsIn our last newsletter we covered the government’s proposals for employment law reform. United KingdomEmployment and HRCharles Russell Speechlys LLP
ArticleProtection For Employee With "Philosophical" Belief In Scottish Independence – Will Brexit Claims Follow?An employment tribunal has found that a belief in Scottish independence amounts to a "philosophical" belief under the Equality Act 2010 (the Act)United KingdomEmployment and HRCharles Russell Speechlys
ArticleTake Care When Drafting Covenants Not To Deal With Customers After Termination Of EmploymentThis case involved a senior sales manager who set up his own company to compete with his previous employer. United KingdomEmployment and HRCharles Russell Speechlys LLP