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What is a Detriment? EAT Ruling Clearly Sets Out the Correct Legal Test

The question of whether someone has suffered a 'detriment' is the central issue in a great many employment cases where discrimination or victimisation is alleged. In an important decision, the Employment Appeal Tribunal (EAT) has given authoritative guidance...

Incorporation of English Jurisdiction Clause Arguably 'Went Without Saying'

In a novel decision of interest to the international trading community, the High Court ruled it arguable that an English jurisdiction clause was incorporated in a petroleum supply contract notwithstanding that the alleged deal was done informally over the...

Rugby Club's Expansion Plans Not Inhibited by 1922 Restrictive Covenant

Land is often sold subject to restrictive covenants that inhibit the use to which it can be put. As a guideline Court of Appeal ruling showed , however, the distinction between restrictions that provide a personal benefit to the vendor alone and those that...

Tech Company Failed to Make Reasonable Adjustments for Cancer Sufferer

Corporate reorganisations arising from a change in ownership very often result in a need to reduce staff numbers. However, as one case showed, it is vital to conduct redundancy exercises fairly and openly and with careful regard to the particular needs of...

Risk of Industrial Action is a Fact of Business Life - Court of Appeal Ruling

Strike action that grounded an airline's planes did not amount to an 'extraordinary circumstance' that justified passengers being denied compensation after their flights were cancelled. In reaching that conclusion, the Court of Appeal observed that...

Accurate Record-Keeping Saves Clothing Traders from Swingeing VAT Bills

HM Revenue and Customs (HMRC) investigations can be a daunting and potentially very costly experience for any business. However, as a tax tribunal ruling showed, clear and comprehensive record-keeping is the best defence. The case concerned two traders in...

Design Rights - Tourist Hoodies and T-Shirts Lack Novelty, High Court Rules

For a design to qualify for protection as intellectual property, it must both be novel and have individual character. In a guideline case, the High Court found that the design of Union Jack-emblazoned hoodies and T-shirts, targeted at the London tourist...

Empty Cinema Blaze Triggers Landmark Court of Appeal Ruling

When marketing commercial premises, they obviously have to be made available for inspection by prospective buyers, tenants or their representatives – but to what extent, if any, do such visitors owe the property owner a duty of care? The Court of...

Agency Workers Have No Right to Apply for Vacant Permanent Positions

Agency workers have a right to be informed by those who hire them of permanent positions that become vacant – but are they also entitled to apply for such posts? Following an important test case, the Court of Appeal has answered that question...

Media Contract Dispute - COVID-19 Pandemic Was a 'Force Majeure Event'

The suspension of live sporting events during the COVID-19 pandemic was a force majeure event that justified early termination of a media rights contract. The High Court so ruled in a case of great significance to the business community . After a tendering...
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