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  • Article

    Increased Protection For Vulnerable Workers

    Vulnerable workers are to benefit from increased protection following a crack down on employers who abuse staff and attempt to undercut other businesses.
    United KingdomEmployment and HR
    BPE Solicitors
    BPE Solicitors
  • Article

    New ACAS Code Criticised

    The new ACAS Code on which consultation ended recently, has been criticised for being too complicated and hard to understand by small businesses.
    United KingdomEmployment and HR
    BPE Solicitors
    BPE Solicitors
  • Article

    Exact Date Of Termination Scrutinised

    In an Employment Appeal Tribunal case the EAT have concluded that where an employer stopped pay to an employee who was suspended prior to the conclusion of a Compromise Agreement, the date of termination was not the date when pay was stopped.
    United KingdomEmployment and HR
    BPE Solicitors
    BPE Solicitors
  • Article

    Statutory Dismissal Procedure Examined

    Unreasonable delay has been examined in the Court of Appeal in terms of whether or not this creates a failure in the Statutory Dismissal Procedure.
    United KingdomEmployment and HR
    BPE Solicitors
    BPE Solicitors
  • Article

    Redundancy Consultation Reminder

    A rather timely reminder in the Employment Appeal Tribunal has been issued in relation to consultation on redundancy and the considerations a Tribunal should have when looking at that consultation.
    United KingdomEmployment and HR
    BPE Solicitors
    BPE Solicitors
  • Article

    Amendments To Proposed Dispute Resolution Bill

    Last week also saw the publication of the Government's consultation paper focusing on amendments to the proposed Dispute Resolution Bill.
    United KingdomLitigation, Mediation & Arbitration
    BPE Solicitors
    BPE Solicitors
  • Article

    SAAMCO Revisited - What Losses Will A Negligent Professional Be Liable For?

    In its decision last week in BPE Solicitors and another v Hughes-Holland (in substitution for Gabriel) [2017 UKSC 21, the UK Supreme Court revisited the leading case in this area, SAAMCO.
    United KingdomLitigation, Mediation & Arbitration
    Gowling WLG
    Gowling WLG
  • Article

    Balancing Workers´ Rights On Discrimination Grounds

    A fascinating case has emerged where the Prohibition on discrimination on the grounds of sexuality has clashed with the Rule prohibiting discrimination on the grounds of religion.
    United KingdomEmployment and HR
    BPE Solicitors
    BPE Solicitors
  • Article

    The UK Supreme Court Revisits "But For" Causation In Economic Negligence Cases

    This oft-quoted proverb illustrates the common-sense wisdom affirming the pointlessness of dwelling on counterfactuals. Most people in their day to day lives don't need to dwell on what might have been, but prefer to focus on what is.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Sustainable Construction What´s Your Strategy?

    Green issues are considered more, not less important, in times of economic stress. That is the announcement coming from shadow ministers this week.
    United KingdomEnvironment
    BPE Solicitors
    BPE Solicitors
  • Article

    Unions Discrimination Case

    In an interesting development the GMB Union has lost in the Court of Appeal after a member pursued the Union for Indirect Sex Discrimination
    United KingdomEmployment and HR
    BPE Solicitors
    BPE Solicitors
  • Article

    Unintended Consequences: Be Clear What You Advise On

    The problem that the SAAMCO principle was established to address was colourfully illustrated by Lord Hoffman in the SAAMCO case itself.
    United KingdomLitigation, Mediation & Arbitration
    Hunton Andrews Kurth LLP
    Hunton Andrews Kurth LLP
  • Article

    ‘Information' Or ‘Advice'? Construction Professionals Beware!

    This article, by Ian Masser and Ben Spannuth, considers the key points of the judgment and its potential impact on construction professionals (which has recently been the subject of much comment...
    United KingdomReal Estate and Construction
    Beale & Company
    Beale & Company
  • Article

    Solicitors' Duties In Cross-Border Transactions: Main v Giambrone & Law

    The Court of Appeal has recently handed down its judgment in the case of Main & Ors v Giambrone & Law.
    United KingdomLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    Client Successfully Disputes Terms Of Retainer

    Solicitors breached their duty to exercise reasonable skill and care when advising a client on a loan.
    United KingdomCorporate/Commercial Law
    Withers LLP
    Withers LLP
  • Article

    Mountaineers knee – object lesson in negligence law

    The negligence claimant must also show that the loss suffered was within the scope of the defendant's duty.
    New ZealandLitigation, Mediation & Arbitration
    Chapman Tripp
    Chapman Tripp
  • Article

    Court Of Appeal Clarifies "Advice" Vs "Information" Distinction When Applying SAAMCO Principle In Advisers' Negligence Cases

    The Court of Appeal has confirmed that an auditor was not liable for break costs incurred as a result of its negligent advice in relation to the accounting treatment of interest rate swaps,
    United KingdomLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Court Of Appeal Further Confirms Project Monitors' Narrow Scope Of Duty

    Court of Appeal reverses project monitor's share of losses on finding that funder failed to adhere to elementary banking principles.
    United KingdomFinance and Banking
    Clyde & Co
    Clyde & Co
  • Article

    Accountants' Liability Update - Winter 2017

    In one of the first cases to apply the long established SAAMCO principles recently clarified by the Supreme Court in the widely reported case BPE Solicitors v Hughes-Holland [2017] UKSC 21 ("BPE")...
    United KingdomAccounting and Audit
    Clyde & Co
    Clyde & Co
  • Article

    Auditor's Negligence - Giving ‘information Only' Advice As A Professional

    In the recent case of Assetco plc -v- Grant Thornton LLP [2020] EWCA Civ 1151, the Court of Appeal clarified the extent of losses for which an auditor was liable for ...
    United KingdomLitigation, Mediation & Arbitration
    Hill Dickinson
    Hill Dickinson

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