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  • Article

    Basel II And Increased Cost Clauses

    Banks and borrowers should be considering the effects of Basel II on increased costs clauses now to ensure that appropriate action is taken with regard to loan and other finance documentation.
    United KingdomCorporate/Commercial Law
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Software Infringement – Naming And Shaming

    United KingdomCorporate/Commercial Law
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Bonus: Can An Employee Bring An Unlawful Deductions Claim?

    Under section 23(1) of the Employment Rights Act 1996 ("ERA"), an employee can bring a claim for unlawful deductions in the employment tribunal, but only if the claim is for a quantifiable sum of wages.
    United KingdomEmployment and HR
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Burden of Proof in Whistleblowing Cases – A Greater Burden for Employers

    The decision in the recent case of Fecitt & Others v NHS Manchester will make it more difficult for employers to defend whistleblowing cases.
    United KingdomEmployment and HR
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Holiday Pay, Sick Leave and PHI Benefits

    A Scottish tribunal has held in Souter v Royal College of Nursing Scotland that an employee on long-term sick leave was not entitled to carry over her holiday to the following leave year and, in any event, because she had received the permanent health insurance (PHI) benefits she was entitled to, she had not suffered any loss.
    United KingdomEmployment and HR
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Sick of Working Time?

    The Court of Appeal has recently delivered a blow to employees claiming holiday pay whilst they are on sick leave.
    United KingdomEmployment and HR
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Contract Certainty –A Market Driven Approach

    What implications will reform have on the ART (alternative risk transfer) market?
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Iran Sanctions: Arash Shipping v Groupama Transport (2011)

    The Court of Appeal recently ruled on the effect of an Iranian sanctions clause entitling insurers to cancel an insurance, but declined to rule on the effect of EU sanctions legislation where the ruling was not necessary and the enforcement of that legislation fell under the jurisdiction of the criminal, rather than civil, courts.
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Barristers´ Liability - The Current Landscape

    In Awoyomi v Radford (2007) the defendant barrister relied on immunity from suit in a criminal matter because the relevant events all took place in 1995, well before the House of Lords ruled on abolition.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Earl Of Malmesbury v Strutt & Parker And Another (2007)

    The recent decision in Seventh Earl of Malmesbury and others v Strutt & Parker (a partnership) and another (2007) - a surveyors’ negligence case delivered on 11 May 2007 - contains some important lessons for professionals and those who insure them.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Non-Disclosure Arguments For Construction Insurers? Consider Laker Vent First

    The Court of Appeal's decision in Laker Vent was handed down on 11 February 2009.
    United KingdomReal Estate and Construction
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Global Knafaim Leasing Limited ("GKL") and CGTSN Ltd v The CAA and Others (11 June 2010)

    Powers to impose a 'fleet lien', revisited. In this recent case, a claimant leasing company failed to challenge the imposition of a statutory fleet lien against its claimant on the basis that it was contrary to the Human Rights Act 1998 and anti-competitive.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Carriage by Air and DVT: The Story so Far…

    Air Carries are not liable to compensate passengers suffering from DVT during or arising out of flight, unless they can identify an event that caused their injury.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Latin American Competition Law

    ChileTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Hong Kong Decision Signals Expansion In The Scope Of D&O Claims

    The decision itself is currently under appeal but more generally, in the current economic climate, D&O insurers may expect an increase in claims made under D&O policies and that such claims will be pursued with increased vigour, especially by liquidators.
    Hong KongCorporate/Commercial Law
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Local Authorities – Renewable Energy Generation

    The UK's commitment to achieving a 20 per cent reduction in greenhouse gas emissions by 2020 may be raised to 30 per cent (driven in part by reduced energy consumption from the recession).
    United KingdomEnergy and Natural Resources
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Keeping Your Commutation Agreement in Shape

    Commutations are generally a good thing. However, you have to get the drafting right. There are two issues which must be thought through. First, does the agreement reflect what the parties want? Second, if you are a reinsurer, does it take account of the recovery of the commuted balances from retrocessionaires?
    United KingdomFinance and Banking
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    When Is A Worn Carpet The Same As A Thug?

    Can a nightclub owe a duty of care to its guests to protect them from other potentially violent revellers? By an interesting analogy, Lady Justice Smith has said yes.
    United KingdomGovernment, Public Sector
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Insurance Business Transfer Schemes – An Alternative to RITC?

    An insurance business transfer scheme requires Court approval and provides a way for an insurer to transfer all or part of its insurance business to another party without the consent of any policyholder.
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Better than Poirot...

    A recent case examines the threshold for arrest and the requirement of objective reasonable grounds for suspicion.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP

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