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June 11, 2019 10:48 am

In June 2018, the Supreme Court ruled that the employment status of a plumbing and heating engineer, G Smith, who had worked for a reputable plumbing company between August 2005 and April 2011 was that of a worker, not a self-employed person in business on his own account, and he was thus entitled to paid holiday and the National Minimum Wage. However, Mr Smith has now lost his Employment Tribunal (ET) claim for £74,000 in backdated pay in accordance with his statutory annual leave entitlement. (more…)

June 10, 2019 3:26 pm

If your lawful use of your land is inconvenient for a neighbour, it almost goes without saying that that is just too bad. The point was underlined by a case in which the presence of a pavement telecommunications box stood in the way of a major housing development. (more…)

June 10, 2019 10:42 am

A recent case concerning the amount of long-term disability benefit payable to an employee who was found to have been unfairly dismissed (ICTS (UK) Limited v Visram) illustrates the importance of making sure the terms of any employee contractual benefits are unambiguous. (more…)

June 7, 2019 3:05 pm

Commercial misjudgments are a fact of business life and directors who make them are not generally subjected to legal sanctions. However, as a case in which overseas property investors lost millions showed, judges take a tough approach if there is evidence of gross negligence or a lack of candour on the part of those in control of companies. (more…)

June 5, 2019 10:42 am

Head of Immigration Ivon Sampson clarifies the Home Office’s position on permitted absences when applying for Indefinite Leave to Remain.

I was asked yesterday by a prospective client on whether her business-related activities abroad would count towards her absences from the UK or whether they are excluded. (more…)

May 24, 2019 10:29 am

No amount of money can compensate for the loss of a loved one due to someone else’s negligence, but it can at least soften the financial blow. In one case, the widow and four children of a man who was struck down by a hit-and-run driver achieved a seven-figure settlement of their claim. (more…)

May 23, 2019 3:58 pm

Sums paid in damages to negligence victims may appear large, but the reality is that no amount of money can ever compensate them for what they have lost. A judge acknowledged that sad fact in approving a multi-million-pound payout to a young man who was catastrophically injured in a road crash involving an ambulance. (more…)

May 21, 2019 2:12 pm

Noise-induced hearing loss (NIHL) is relatively common and often becomes evident only many years after the damage caused by exposure to loud noises has occurred. This means that the fate of such claims often depends on evidence about conditions that prevailed decades ago. (more…)

May 21, 2019 10:37 am

If a company has two shareholders, a general meeting cannot normally be called by just one of them. However, as a High Court case showed, judges have the power to waive that rule if the alternative is corporate paralysis. (more…)

May 15, 2019 2:42 pm

The Court of Appeal has rejected arguments put forward by the Royal Opera House (ROH) that a compensation award to a viola player who claimed that his hearing was damaged by exposure to the noise of brass instruments will curtail music making in the UK. (more…)