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Forfeiture of Commercial Leases - Court of Appeal Test Case

Commercial tenants whose rights are trampled upon by their landlords are far from powerless and should seek legal advice right away. A shopkeeper who did just that after his lease was unlawfully forfeited and his stock seized won the right to substantial...

Civil Service Termination Payments 'Age Discriminatory'

Workplace practices that result in employees being treated less favourably because of their age may be justified if they are a proportionate means of achieving a legitimate aim. However, as an important Employment Tribunal (ET) case showed, establishing such...

Workplace Data Leaks - Motor Insurer Wins Six-Figure Compensation

Miscreant employees often form the first link in a chain which feeds the black market in personal data. However, as a ground-breaking High Court ruling showed , anyone who profits from the use of such illicitly leaked material risks being hit hard in the...

Cricket Club Pays Price for VAT Zero-Rating Blunder on New Pavilion

The law relating to VAT zero-rating in connection with construction projects is highly complex and the consequences of making a mistake can be severe. In one case, a cricket club was left ruing its failure to take professional advice after wrongly issuing a...

Scaffolding Triggers Commercial Tenant's 'Peaceful Enjoyment' Complaint

Included in almost every commercial lease is a covenant which confers on the tenant a right to peacefully enjoy the premises. One such provision came under close High Court analysis in the case of a dentist whose practice was encased in scaffolding whilst...

Mental Health Problems Can Be Just as Disabling as Physical Incapacity

The word 'disabled' may bring to mind a person who is physically incapacitated, but the definition of the word in employment law terms is far broader than that. The point was made by a case in which an Employment Tribunal (ET) found that anxiety and...

Finance Company Behind Direct Marketing Email Campaign Fined £60,000

Unsolicited direct marketing emails, sent without informed consent, are viewed as a modern scourge by millions and those who engage in such campaigns can expect severe punishment. In one case, a finance company which broke the rules when promoting pre-paid...

The Truth Will Out! Judge Rules £12 Million Loan Contracts Worthless

Judges are sadly familiar with attempts to hoodwink them, but the great advantage of the litigation process is that, in the vast majority of cases, the truth will out. In a case on point, the High Court dismissed a £12 million claim after ruling a...

High Court Orders Restaurant Chain to Complete Commercial Lease

Does an agreement to enter into a commercial lease come to an end if the identity of the prospective landlord changes? The High Court tackled that thorny issue in a case concerning new-build restaurant premises. A restaurant chain agreed with pension...

Disciplinary Investigations - Any Lack of Fairness Will Cost You!

Workplace disciplinary investigations require careful handling and employers who fail to act fairly are likely to be hit hard in the pocket. That was certainly so in the case of a property manager who was ambushed at an investigatory meeting and left feeling...
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