Watson Burton LLP in conjunction with Constructing Excellence in the North East would like to welcome you to the First Friday Club.
S&T (UK) Limited v Grove Developments Limited  EWCA Civ 2448
It’s that time of the year when work Christmas parties are already in full swing and people are enjoying the opportunity to loosen up and celebrate with their colleagues. The lines between work and play invariably get blurred and people are known for doing stupid things. Here are our top do’s and don’ts to help ensure you and your colleagues get through the night unscathed.
In the wake of the resignation of William Sitwell, the editor of Waitrose Food magazine, over disparaging comments on vegans, veganism is in the spotlight and on the rise.
In Bellman v Northampton Recruitment Ltd  EWCA Civ 2214, the Court of Appeal held a company was vicariously liable for an assault committed by its managing director on an employee after a Christmas party.
Case: Arcadis Consulting (UK) Limited v AMEC (BCS) Limited  EWCA Civ 2222
Swansea Stadium Management Company Ltd v City & County of Swansea  EWHC 2192 (TCC)
Seadrill Ghana Operations Limited v Tullow Ghana Limited  EWHC 1640 (Comm)
The Court of Appeal has overturned a High Court decision and allowed a company’s claim of privilege over internal investigation documents sought by the Serious Fraud Office. The carefully crafted Judgment has curtailed the effect of other recent decisions which emphasised the difficulties of successfully withholding documents on the basis of legal professional privilege.
Care is needed to ensure that utilities distributors negotiate and secure sufficient rights for their apparatus.
Saint Gobain Building Distribution Ltd (t/a International Decorative Surfaces) v Hillmead Joinery (Swindon) Ltd  EWHC B7 (TCC).
A new combined court centre has been proposed in London, the primary focus of which will be cases relating to fraud, economic and cyber-crime (amongst others) and which will benefit from the wealth of specialist knowledge in the vicinity. However, what can be done to prevent matters getting that far?
In the 2017 case of North Midland Building Ltd v Cyden Homes, the TCC held that the prevention principle did not apply and any right to an extension of time was wiped out because of concurrent delay caused by North Midland. The TCC held that the concurrency delay exclusion did not set time ‘at large’ and the prevention principle did not affect the enforceability of such a clause.
Protecting your confidential information and customer goodwill has never been more important, particularly in an age where social media allows unparalleled, almost instant access to others in the commercial world and data theft is on the rise.
Imperial Chemical Industries Limited v Merit Merrell Technology Limited  EWHC 1577 (TCC)
The Court of Appeal has recently handed down a significant decision in the case of Network Rail Infrastructure Ltd v Williams and another  EWCA Civ 1514 relating to private nuisance and diminution of value from Japanese knotweed.
Imperial Chemical Industries Limited v Merit Merrell Technology Limited  EWHC 1763 (TCC).
A former employee of Mulberry who refused to sign a standard contract clause assigning copyright in her work to Mulberry has lost her appeal this week to the EAT.
The EAT has recently held that knowledge of the consequences of a disability is not required for claims of discrimination arising from disability.
Mr Bakkali (who identified himself as of Moroccan origin and a Muslim) had a conversation with a colleague, during which he referred to comments made in a newspaper article about Islamic State Fighters being “confident and proficient fighters” and managing to run the country. The same colleague subsequently asked “are you still promoting IS?” which upset Mr Bakkali and resulted in an altercation. Mr Bakkali was subsequently dismissed for gross misconduct. He claimed that his colleague’s comment about IS was harassment because of race and/or religious belief and that he had suffered direct discrimination.
When a party makes a without notice application to Court for urgent interim relief, they are under a duty to give “full and frank” disclosure. Failing to comply in full with that duty can have serious consequences, which is exactly what happened in the recent case of Banca Turco Romana SA v Cortuk & Ors  EWHC 662 (Comm), where a freezing order against three defendants was set aside.
The World Cup in Russia is soon to be upon us with the tournament running from 14 June until 15 July 2018. Headaches of many varieties can occur during such major sporting events, whether alcohol induced or those created by more practical workplace issues. ACAS have recently published guidance to help employers identify and prepare for any such effect in the workplace.
The EAT recently held, in Guvera v Butler and others, that a TUPE transfer had taken place following a share sale. In the ordinary course of events TUPE does not apply to share sales but, in this case, Guvera assumed day to day control of the music streaming service, Blinkbox. That day to day control “went beyond the mere exercise of ordinary supervision or information gathering” by a parent company and TUPE was held to apply.
When you have a viable business plan for your company and you know how much funding assistance you need, and what it will be used for, it is time to start looking for investors. Securing an investor is difficult and in a sense you are asking an investor to take a leap of faith in you and your company.
Haberdashers’ Aske’s Federation Trust Limited and others v Lakehouse Contracts Limited and others  EWHC 558 (TCC)
A break clause can be included in a fixed term lease and it provides that a tenant or a landlord can end the term of the lease early. It is not unusual for a tenant to have break rights in relation to a lease, but it is rarer to find that a landlord will have these rights. There are a number of practical issues, which need to be considered by the tenant, when deciding whether to exercise their break rights.