March 2015 Archive

What constitutes a reasonable investigation?

Posted on

One of the key steps in ensuring that a fair procedure is followed during disciplinary proceedings is carrying out a reasonable investigation to establish the facts of the case and whether or not there is a case to answer. More …

Commission and holiday pay: another piece in the jigsaw

Posted on

An Employment Tribunal has ruled that words should be added to the Working Time Regulations 1998, effectively bringing commission and other similar payments into the calculation of holiday pay. More …

The High Court clarifies the jurisdiction of the court to substitute parties under the Civil Procedure Rules 1998

Posted on

The High Court has handed down judgment in the case of American Leisure Group Ltd v Olswang LLP [2015] EWHC 629 (Ch). More …

Privatised water companies are public authorities for the purposes of the Environmental Information Regulations 2004

Posted on

The Upper Tribunal (“UT”) has given its long awaited ruling in the matter of Fish Legal v Information Commissioner and has concluded that the privatised water companies involved are “public authorities” for the purposes of the Environmental Information Regulations (EIRs). More …

Consumer credit law exemption

Posted on

The law as it stands specifies that DCS consumer credit agreements with no interest/substantial charges that do not require more than four repayments in less than 12 months are exempt from regulation. More …

Professional Negligence & Tax Mitigation Schemes

Posted by on

In July 2014, HMRC were granted new powers requiring companies and individuals to repay disputed tax before any tax dispute is resolved. More …

Scope of a solicitor's duty considered by the High Court

Posted by on

The High Court has recently dismissed a claim in professional negligence brought against the solicitors acting for the purchaser in a conveyancing transaction. More …

Nicholas-Pillai v General Medical Council [2015] EWHC 305 (Admin)

Posted on

Nicholas-Pillai v General Medical Council [2015] EWHC 305 (Admin) saw an appeal brought by a doctor erased from the register following a finding of the Fitness to Practice Panel of deficient professional performance. More …

Powys Teaching Local Health Board v Dr Piotr Dusza and Dr Hako Sobhani [2015] EWCA Civ 15

Posted on

The Court of Appeal stated that the default meaning of the word "examination" in relation to treatment provided under a General Dental Services Contract means "full mouth examination" and the failure to record having completed a full mouth examination More …

R v K [2015] All ER (D) 190 (Feb)

Posted on

The Court of Appeal, Civil Division, allowed a defendant's appeal against conviction, in circumstances where the judge had erred in his direction to the jury in respect of the bad character evidence. More …