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Case Studies

Vicarious Liability – Impromptu Post Christmas Party Gathering

14th November 2018 by

Employers can be found vicariously liable for the actions of their staff when these occur in the course of their employment, which can include during an office function, but what is the position when one employee suffers injury at the hands of another at an impromptu get-together some hours after a planned works event has finished? The High Court had found that a recruitment company was not liable for serious injuries inflicted by one member of staff on another in such circumstances, but that decision has now been overturned by the Court of Appeal (Bellman v Northampton Recruitment Limited). Continue reading →

Morrisons Vicariously Liable for Rogue Employee’s Data Leak

14th November 2018 by

In a workplace context, an employer can be found liable for the acts or omissions of its employees, provided it can be shown that they took place in the course of their employment – i.e. where there is sufficient connection between the employee’s position and the wrongful conduct to make it right for the employer to be held responsible. Continue reading →

Modern Slavery Compliance Regime To Be Tightened Up

13th November 2018 by

There are estimated to be more than 40 million people who are victims of ‘modern slavery’ at any given time. A quarter of them are children, and the number of victims in the UK was estimated to be between 10,000 and 13,000 in 2013, although the National Crime Agency has found this to be only the ‘tip of the iceberg’, with the true figure being substantially higher. Continue reading →

Restrictive Covenants Are Not Necessarily Insurmountable

9th November 2018 by

Property title deeds often contain restrictions on future use of the land and one of the most common is a requirement that only one house can be built on a single plot. It may be thought that such a restriction must be adhered to forever, but if the circumstances are appropriate, restrictions can be lifted if they impede reasonable developments from reaching fruition. Continue reading →

Employers – Are You Treating Misconduct Cases Consistently

9th November 2018 by

Some forms of workplace misconduct may appear to be so serious as to obviously justify dismissal as a matter of common sense. However, as an instructive decision of the Employment Appeal Tribunal (EAT) showed, the need for even-handed fairness and consistency is a constant in every employment case, no matter how grave (Doy v Clays Limited). Continue reading →

Employer Pays Price For Hasty Action Taken As A Result Of Office Politics

7th November 2018 by

In the heat of office disputes, it is only too easy for employers to unwisely take hasty action and make accusations that do not stand up to proof. A High Court case in the context of the insurance industry showed just how costly a failure to take stock and seek legal advice can be (Brown and Another v Neon Management Services Limited and Another). Continue reading →

£5.25 Million In Compensation For Brain Infection Boy Sent Home By A&E

7th November 2018 by

Hospital accident and emergency (A&E) departments work under intense pressure but, if negligent mistakes are made, it is only right that compensation is paid. In a case in point, a boy who was sent home from a hospital despite suffering from a rare brain infection secured a seven-figure compensation pay out from the NHS. Continue reading →

Sovereign Wealth Fund’s $3 Billion Worldwide Freezing Order Overturned

6th November 2018 by

Worldwide freezing orders are an essential means by which dissipation of wrongfully obtained money and assets can be effectively prevented. However, as an important High Court ruling showed, such orders are worth little more than the paper they are written on if they are obtained without full and fair disclosure of evidence. Continue reading →

Police Pay £300,000 Compensation Following Father’s Death In Custody

25th October 2018 by

Taking on the police in court can appear daunting, but specialist solicitors are more than capable of performing the task, as was shown by a recent case in which the family of a young man who suffocated in a police van following his traumatic arrest successfully negotiated a six-figure settlement of their damages claim. Continue reading →

Insolvencies On The Up

24th October 2018 by

The received wisdom is that whilst debtor days are rising only slightly for most businesses, problem debts are on the increase. It is no great surprise, therefore, that a recent survey revealed that in the second quarter of 2018 one in four businesses had significant financial pressure brought on by the insolvency of a customer. Continue reading →

24th October 2018 0 Comments Insolvency

De-branded Goods Still Protected By Trade Mark Law

24th October 2018 by

Products sell for widely differing prices in different national markets and that creates the opportunity for goods to be transferred from a low-price market to a higher-price one – a practice known as ‘grey importing’. This can undermine the profitability of the higher-priced market, especially where its marketing and distribution carry much higher costs. Continue reading →

Employment Status And Intellectual Property

23rd October 2018 by

In a case concerning ownership of intellectual property (Sprint Electric Limited v Buyer’s Dream Limited), although neither of the parties called into question the description of the employment relationship between them, the High Court found that ‘where…the Court has concerns that the labels that the parties have chosen to apply to their relationship are untrue or inaccurate, and have been applied as a device to avoid the payment of taxes that are properly due, the Court can and should consider the issue of its own motion’. Continue reading →

Insurer Cannot Dodge Liability Because Driver Fails To Cooperate

23rd October 2018 by

Insurance is a legal requirement for any driver in the UK and that is why insurance policies cover drivers, not the cars they drive. Since insurance companies will always seek to minimise the amount they pay out on claims, there are often lively arguments about who was responsible for an accident, and to what extent, especially where there is more than one driver involved. Continue reading →

Using A General Civil Restraint Order Against Vexatious Litigant

22nd October 2018 by

Healys acted for the Trustee in Bankruptcy of Ms H,  who was the subject of a bankruptcy order made in 2010 on the petition of the supervisor of her Individual Voluntary Arrangement (“IVA”). The IVA had been entered into by Ms H in 2003 as a means of annulling a previous bankruptcy order made in 2000. However, the supervisor petitioned for her bankruptcy on her failure to comply with the terms of her IVA.   Continue reading →

22nd October 2018 0 Comments Insolvency

Adjudication Proceedings in Liquidation? Court Says No

15th October 2018 by

When a company enters liquidation, one of the principles that has to be observed is that creditors of the same class have to be treated the same way. There is, however, an exception to the rule under the Insolvency Rules 2016. If a company in liquidation owes money to a person or organisation and is also owed money by them, then an automatic ‘set-off’ applies and only the net balance is taken into account in the liquidation. This applies by rule of law and cannot be legally overridden.  Continue reading →

15th October 2018 0 Comments Insolvency

Asbestos Exposure Widow Wins Six-Figure Compensation

11th October 2018 by

The dangers of asbestos were first identified in the 1930s but people are even now dying as a result of workplace exposure to the carcinogenic substance as asbestos-related diseases often take decades to manifest clinical symptoms. However, as a recent case in which a widow was awarded a six-figure sum showed, a compensation settlement is still possible many years after the exposure. Continue reading →

When Is Professional Advice Not Professional Advice?

11th October 2018 by

People take professional advice all the time, and rely on it. A professional who gives advice will normally not only have the appropriate qualifications but will also be covered by the firm’s professional indemnity policy, so that if their advice turns out to be negligent, the client can be compensated. Continue reading →

Voluntary Overtime And The Calculation Of Holiday Pay

28th September 2018 by

Following on from the decision in Bear Scotland Limited and Others v Fulton and Others that payments for overtime which employees are required to work but which their employer is not obliged to offer them do count as ‘normal remuneration’ for the purposes of calculating a worker’s statutory holiday pay entitlement for the four weeks’ annual leave required under the EU Working Time Directive (WTD), the focus has shifted to whether or not payments for voluntary overtime should also be included in the calculation. Continue reading →

Failing to Pay Fines Can Mean More Than Financial Penalties

28th September 2018 by

Business owners and directors who fail to pay fines can lose in more ways than just financially. When a Derbyshire company fell foul of the Health and Safety Executive following a near-fatal accident to one of its employees, the fine that resulted after the investigation amounted to more than a quarter of a million pounds. Continue reading →

Dispute Arbitration – The High Court Is Not a Re-Match Venue

28th September 2018 by

Judicial powers to review decisions reached by dispute arbitrators are strictly limited and do not provide an opportunity for disappointed parties to refight factual issues that have already been resolved. The High Court succinctly made that point in a case concerning the acrimonious demise of a business partnership. Continue reading →

Healys Medical Negligence Partner Jonathan Austen-Jones Acts For The Family Of Mrs Joan Blaber At Inquest

27th September 2018 by

A hospital trust has been criticised for “serious failings” that led to the death of an elderly patient as a result of drinking cleaning fluid. An Inquest into her death, held between 10th and 18th September 2018, has resulted in the issue of a Regulation 28 Report (Prevention of Future Death report) by the Coroner. Continue reading →

Healys LLP Sends Serious Warning To The Classic & Collectors Car World

13th September 2018 by

More deliberation and responsibility needs to be brought to transactions by dealers, buyers and sellers in the classic car world, say London Solicitors Healys LLP, following the distressing news which was announced yesterday in the classic car world of the appointment of administrators to the troubled historic car sales, restoration and preparation business JD Classics which had publicly been perceived as a beacon in the sector. Continue reading →

Loss of Dependency Claims Following Fatal Accidents – High Court Ruling

5th September 2018 by

If a loved one dies in an accident that is someone else’s fault, you are entitled to compensation to reflect the loss of services and financial support that the deceased would otherwise have provided to you. However, as a High Court case showed, proving the existence or extent of such dependency is not always an easy matter. Continue reading →

Marlands Park Highly Commended at Sussex Heritage Trust Awards

26th July 2018 by

In the current housing market, there is a pressing need for new-build developments and for ensuring that redundant agricultural buildings be restored or converted for this purpose. There must, however, be a sensitivity and awareness towards the surrounding landscape and architectural heritage, and new developments need to try to strike the right balance. Continue reading →

Healys Shortlisted For Law Firm Services Regional Conveyancer Of The Year

18th July 2018 by

Healys are delighted to announce that they have been shortlisted to win “Regional Conveyancing Firm of the Year” at The LFS Conveyancing Awards.

The Conveyancing Awards, sponsored by Groundsure, are widely recognised as being the most coveted in the conveyancing industry.  Judged by high-profile industry representatives and with a rigorous selection process evaluating conveyancing practices, staff training and client satisfaction, the winners will be announced at the awards dinner held at The Vox Conference Centre in Birmingham on 19th September 2018.

Kiri Kkoshi, Partner and Head of Real Estate, said: “We are thrilled to have been shortlisted for our second award this year, and proud to be one of the finalists at such a prestigious event. The LFS conveyancing awards are deservedly respected for their comprehensive judging criteria and our inclusion as finalists is testament not only to the unceasing hard work of our staff but also to our continued commitment to exemplary levels of customer service. I am proud of my team and look forward to the awards ceremony.”

ICOs – The Unregulated Path To Quick And Easy Funds?

8th June 2018 by

It is a common misconception that Initial Coin Offerings (“ICOs”) are an unregulated way for companies, in particular early stage companies, to raise finance for their projects. Avoiding the traditional and often ill-desired routes to financing, such as taking on demanding, control obsessed venture capital partners, they are seen as a quicker and less costly option, a mistaken belief that is propagated by the tech corporate finance press’s portrayal of an ICO as a sure fire way to attract investment for your start up. Continue reading →

Healys Expands Service Offering With New Capital Markets Team

3rd May 2018 by

Healys is delighted to announce the launch of our new Capital Markets service, and the appointment of 2 new Partners.

Andrew Williamson and Nils Reid join our London office to lead our Capital Markets department. Both accomplished corporate lawyers with a wealth of experience in capital markets, Andrew and Nils are established dealmakers and bring considerable expertise to the firm. Continue reading →

David Schollenberger Moderator And Panellist At 2nd Annual Cyprus Gaming Show

27th April 2018 by

David Schollenberger, Partner and head of Gaming, Hotels and Leisure at Healys LLP, will be moderating a panel discussion on the progress and development of the Integrated Casino Resort, as well as taking part in a discussion about the possible benefits and disruptions caused by the Integrated Casino Resort to the Cyprus Hotel Industry. Continue reading →

Is There Now A Call For Affiliates To Be Licensed In The UK?

27th April 2018 by

Marketing affiliates provide invaluable services to online gaming and betting companies in supplying marketing services and directing customers to operator websites.  They do not typically hold customer funds, nor do they operate and provide games of chance and betting services to customers directly.  Rather they advertise operator’s services and act as a liason between customers and operators and drive traffic to operator’s gambling services business.  As such, their activities are similar in some ways to the services junket operators provide to land based casinos. Junket operators now require licensing in many gaming jurisdictions and are unfortunately tainted with a history of association with organised crime. Continue reading →

The Home Office Data Protection Exemption is attacked by the Law Society

24th April 2018 by

Under current data protection laws, every individual in the UK (whether legally or illegally resident in the UK) has the right to request a copy of the data held by the Home Office on them. To obtain a copy of that data, a person can make a “Subject Access Request” (SAR) to the Home Office and pay a fee of £10. Continue reading →

Windrush Generation – Should Rudd Resign The Guardian Asks

24th April 2018 by

Yesterday, just as my wife and I were about to tuck into a delicious Sunday roast at “The Anglers” pub adjacent to Teddington Lock, I received a call from LBC asking me to be a guest on the Andrew Castle show to comment on that morning’s Guardian article, in which they say that there are calls for the Home Secretary to resign over the “Windrush Generation” scandal. Continue reading →

Financing Of i-Gaming Business – What Are The Options?

11th April 2018 by

Financing for i-Gaming businesses is one of the most important considerations for successful operation and growth. What forms of financing are available to i-Gaming companies from start-ups to multinationals? Are banks interested in financing  early stage i-Gaming companies? What are the best sources to find venture capital, angel investors and debt financing? What are the costs and advantages and disadvantages of different types of financing?  Is the market for  obtaining financing currently more difficult than previous years? Has Brexit had an effect on funding?  What do investors look for operationally and structurally in i-gaming companies?. What legal issues are faced in financing i-Gaming businesses, both for investors and companies? Continue reading →

Tesco Facing Record Equal Pay Claim – What Employers Should Know

12th February 2018 by

In what could be the largest ever equal pay challenge in UK history, legal proceedings have begun against retail giant Tesco. Up to 200,000 shop floor staff could be affected by the claim, which has the potential to cost Tesco up to £20,000 per worker in back pay over at least 6 years. If successful, the final compensation bill could be as much as £4bn. Continue reading →

Would Compulsory Mediation Be Just Another Weapon In A Lawyer’s Arsenal?

25th January 2018 by

David Bailey, Partner in the Dispute Resolution team, discusses the question in the Times Newspaper.

Mediation is generally a cost-effective alternative way to secure dispute resolution. These days, typically in commercial cases, parties arrive legally tooled up with a full set of solicitors, barristers and experts, much as they would for a trial, and act accordingly. Continue reading →

Hard Or Soft Brexit – What Are The Risks That UK Companies Should Consider

7th December 2017 by

There has been a great deal of uncertainty and animosity between the UK and the EU since the referendum of 2016 and the implementation of Article 50 in March 2017. It is not clear what kind of relationship the UK will have with the EU in the wake of Britain’s withdrawal from the European Union, or what form a post-EU arrangement will take. There are however several likely implications for EU nationals in the event of a hard or soft Brexit: Continue reading →

7th December 2017 0 Comments Immigration blog