March 2019 Archive

What happens to insolvency proceedings if the UK leaves the UK without a deal?

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With "Brexit Day", 29 March 2019, drawing immediately close without any sign of deal, we take a look at what a no-deal Brexit would mean for insolvency practitioners. More …

Supreme Court rules on meaning of ‘unfavourable treatment’

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Matthew Smith, Partner in Blake Morgan's Employment Law team discusses Williams v The Trustees of Swansea University Pension and Assurance Scheme and Swansea University where the Supreme Court confirmed a common-sense approach to the meaning of ‘unfavourable treatment’ under section 15 of the Equality Act 2010. More …

Suspending an employee from work

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A recent Court of Appeal decision provides useful guidance for employers and held that there is no breach of the implied term of trust and confidence where there is reasonable and proper cause to suspend an employee from work pending investigations into allegations of misconduct. More …

Photographing the Public Domain – EU to remove copyright protection from public domain art images

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Copyright expert Simon Stokes explores the EU's recent announcement that images of works of art in the public domain will no longer be protected by copyright. More …

The Disclosure pilot scheme in the Business and Property Courts

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A new mandatory disclosure pilot scheme has been operating in the Business and Property Courts since 1 January 2019 and will be in place for at least two years. The scheme applies to new and existing proceedings in the specified courts in which the CMC will take place after 1 January 2019. More …

Duty of full and frank disclosure: Wild Brain Family International Ltd v (1) Robson & (2) Chubb [2018] EWHC 3163 (Ch)

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In court proceedings injunctive relief may be granted to the claimant after successfully asserting a without notice application in circumstances where, for example, there is a case of extreme urgency or if there is a need for secrecy. More …

Land gifted by benefactor for use as school reverted back to his descendants when school replaced

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Our expert takes a look at a case where the Court of Appeal clarified the legal position under legislation from a very different era but whose terms remain relevant and are still being felt today, and local authorities will need to take note with their educational buildings. More …

FCA Motor Finance Report - Final Findings

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The long awaited final part of the FCA's review of the motor finance sector has arrived; are there any nasty surprises lurking for the industry to be worried about? More …

Merits of the underlying claim relevant in granting an interim injunction to enforce a restrictive covenant: Berry Recruitment Limited v Brooke Donovan

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In this particular employment court case, the court had to rule on an interim injunction against a former employee for a possible breach of restrictive covenant. The question as to the merits of the claim and the inclusion of the current facts were problematic in this respect, since the restrictive covenant could have expired by the time of court proceedings and the basis of the claim would therefore have been removed. More …