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  • Article

    Employment Terms - 'Self Employed' Or 'Employed'

    In a recent case the Court of Appeal decided that a group of 20 car valeters who were employed under terms and conditions by which they professed to be 'self-employed' were, in reality, 'employees'.
    United KingdomEmployment and HR
    Penningtons Manches Cooper LLP
    Penningtons Manches Cooper LLP
  • Article

    Employer's Genuine Mistake In TUPE Consultation

    In a recent case the Court of Appeal held that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the 'TUPE Regulations') only oblige an employer to provide information regarding what it genuinely believes to be the legal, social and economic implications of a proposed business transfer.
    United KingdomEmployment and HR
    Penningtons Manches Cooper
    Penningtons Manches Cooper
  • Article

    Saying Goodbye To Uncle Sam

    New laws have been introduced in the US for people wishing to expatriate. Anyone who has ceased to be a US citizen or long-term resident after 16 June 2008 could be treated as a 'covered expatriate'.
    United KingdomTax
    Penningtons Manches Cooper LLP
    Penningtons Manches Cooper LLP
  • Article

    Domain Name Update

    On 29 July a series of changes were introduced to the UK domain name dispute resolution service.
    United KingdomIntellectual Property
    Penningtons Manches Cooper LLP
    Penningtons Manches Cooper LLP
  • Article

    Data Protection - More Guidance And New Penalties

    The UK data protection regulator, the Information Commissioner's Office (the ICO), has recently published a 'plain English' guide to the Data Protection Act.
    United KingdomPrivacy
    Penningtons Manches Cooper LLP
    Penningtons Manches Cooper LLP
  • Article

    Can A Contractual Term Exclude Common Law Rights?

    The Court of Appeal has recently considered whether a termination clause in a contract excluded the common law right to treat the contract as discharged on the basis of a repudiatory breach and to claim damages.
    United KingdomCorporate/Commercial Law
    Penningtons Manches Cooper LLP
    Penningtons Manches Cooper LLP
  • Article

    Criminal Offence Exemption In Relation To Advice Provided By Employers On Tier 2 Applications

    On 31 March 2009 an Order comes into force which will exempt from criminal prosecution licensed sponsors who provide immigration advice and/or services in relation to tier 2 applications to current and prospective employees and their immediate family members - provided that they do so free of charge.
    United KingdomImmigration
    Penningtons Manches Cooper LLP
    Penningtons Manches Cooper LLP
  • Article

    Andy Burnham And The Future Of Employment Law: What Can We Expect?

    As Parliament enters its summer recess, attention turns to how new Prime Minister Andy Burnham's leadership may shape the future of employment law in the UK. With many Employment Rights Act 2025 reforms still pending implementation, his track record as Greater Manchester mayor offers insights into potential policy directions. Will his commitment to 'good employment' principles signal further workplace reforms beyond the current legislative agenda?
    United KingdomEmployment and HR
    Penningtons Manches Cooper LLP
    Penningtons Manches Cooper LLP
  • Article

    Shipping Cases – Admiralty Or County Court?

    The recent case of Klieve v TUI UK Limited (2009) has caused potential problems for claimant solicitors and a headache and certainly more work for the High Court for cases concerning personal injury claims arising out of accidents on ships.
    United KingdomTransport
    Penningtons Manches Cooper
    Penningtons Manches Cooper
  • Article

    Company Protects Its Confidential Data From Misuse By Ex-Employee

    The recent High Court decision in the case of First Conferences Services Limited & another v Richard Bracchi & another [2009] EWHC 2176 (Ch), 26 August 2009 demonstrates the ways in which businesses can protect themselves against misuse of their key business information.
    United KingdomIntellectual Property
    Penningtons Manches Cooper LLP
    Penningtons Manches Cooper LLP
  • Article

    No Substitutions Allowed: Courts Restrict Assignment Of ICSID And ECT Arbitral Awards

    The English Commercial Court has ruled that ICSID arbitral awards and Energy Charter Treaty claims cannot be assigned to third parties for enforcement purposes, creating uncertainty for investors and litigation funders. With permission to appeal granted and conflicting approaches in other jurisdictions, the decision raises important questions about the future of award enforcement and the secondary market for arbitral claims.
    United KingdomLitigation, Mediation & Arbitration
    Penningtons Manches Cooper LLP
    Penningtons Manches Cooper LLP
  • Article

    Beware Of Unauthorised Copyright Infringement

    Getty Images, the photographic agency, has recently settled a copyright infringement dispute concerning the unauthorised use of one of its images.
    United KingdomIntellectual Property
    Penningtons Manches Cooper LLP
    Penningtons Manches Cooper LLP
  • Article

    The Credit Card Conundrum

    Will the decision of Office of Fair Trading v Lloyds Bank open the floodgates for compensation claims for accidents abroad against credit card suppliers?
    United KingdomConsumer Protection
    Penningtons Manches Cooper
    Penningtons Manches Cooper
  • Article

    Sovereign Waiver And Arbitral Award Enforcement: A Tale Of Two Treaties

    This page appears to be a security verification checkpoint that temporarily blocks access while validating the incoming request. The system implements protective measures to distinguish between legitimate users and automated traffic before granting access to the requested content.
    United KingdomTechnology
    Penningtons Manches Cooper LLP
    Penningtons Manches Cooper LLP
  • Article

    Credit Insurance Casewatch

    We recently acted for the UK and German subsidiaries of the Euler Hermes Group on a contested application for directions during a dispute over sums held in two deposit accounts. The case involved an analysis of interesting legal issues including those relating to trusts and estoppel.
    United KingdomLitigation, Mediation & Arbitration
    Penningtons Manches Cooper LLP
    Penningtons Manches Cooper LLP
  • Article

    Properties At Risk Of Flooding – Flood Risk Searches

    Recent extreme weather conditions have increased the number of both residential and commercial properties at risk of damage from flood water.
    United KingdomReal Estate and Construction
    Penningtons Manches Cooper
    Penningtons Manches Cooper
  • Article

    What Makes A Disciplinary Investigation Reasonable?

    The law doesn't set out clear rules on how to carry out disciplinary investigations, but employers still need to take steps to act fairly and impartially
    United KingdomEmployment and HR
    Manches
    Manches
  • Article

    Collective Redress Following Merricks v Mastercard

    Collective competition proceedings are governed by section 47B of the Competition Act 1998.
    United KingdomAntitrust/Competition Law
    Penningtons Manches Cooper
    Penningtons Manches Cooper
  • Article

    The Pitfalls Of Group Litigation Orders

    A group litigation order (GLO) can be made where there are a number of claims giving rise to common issues of law or fact.
    United KingdomLitigation, Mediation & Arbitration
    Penningtons Manches Cooper LLP
    Penningtons Manches Cooper LLP
  • Article

    EAT Considers Extent To Which Employer Can Restrict Employee's Manifestation Of Religious Beliefs

    In the recent decision of Higgs v Farmor's School, the Employment Appeal Tribunal (EAT) found that employers cannot decide to discipline or dismiss an employee for manifesting a protected...
    United KingdomEmployment and HR
    Penningtons Manches Cooper LLP
    Penningtons Manches Cooper LLP

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