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knowlEDGE

legal alert: The do’s and don’ts of the work Christmas party

11 Dec 18

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.

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legal alert: Is veganism a “philosophical belief” under the Equality Act?

05 Dec 18

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.

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legal alert: Company found vicariously liable for brain injury caused after a Christmas party

20 Nov 18

In Bellman v Northampton Recruitment Ltd [2018] 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.

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legal alert: The dangers of using letters of intent

06 Nov 18

Case: Arcadis Consulting (UK) Limited v AMEC (BCS) Limited [2018] EWCA Civ 2222

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legal alert: New TCC guidance on “no greater liability” clauses in collateral warranties

11 Oct 18

Swansea Stadium Management Company Ltd v City & County of Swansea [2018] EWHC 2192 (TCC)

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legal alert: The Enforceability of Force Majeure Clauses

04 Oct 18

Seadrill Ghana Operations Limited v Tullow Ghana Limited [2018] EWHC 1640 (Comm)

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legal alert: Internal Investigations - Re-establishing Legal Professional Privilege

07 Sep 18

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.

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legal alert: Case law update: tackling airspace in lease negotiations

22 Aug 18

Care is needed to ensure that utilities distributors negotiate and secure sufficient rights for their apparatus.

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legal alert: The validity of limiting liability in contracts

16 Aug 18

Saint Gobain Building Distribution Ltd (t/a International Decorative Surfaces) v Hillmead Joinery (Swindon) Ltd [2015] EWHC B7 (TCC).

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legal alert: Delaying the inevitable – preparing for cyber-attacks

14 Aug 18

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?

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legal alert: Court of Appeal upholds TCC decision regarding concurrency and prevention

08 Aug 18

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.

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legal alert: Are your post-termination restrictions enforceable?

07 Aug 18

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.

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legal alert: Can NEC interim assessments be revisited? Yes, they can.

02 Aug 18

Imperial Chemical Industries Limited v Merit Merrell Technology Limited [2018] EWHC 1577 (TCC)

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legal alert: Tied in a knot: managing Japanese knotweed

31 Jul 18

The Court of Appeal has recently handed down a significant decision in the case of Network Rail Infrastructure Ltd v Williams and another [2018] EWCA Civ 1514 relating to private nuisance and diminution of value from Japanese knotweed.

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legal alert: When can an Employer appoint itself as Project Manager?

26 Jul 18

Imperial Chemical Industries Limited v Merit Merrell Technology Limited [2017] EWHC 1763 (TCC).

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legal alert: Philosophical belief and sanctity of copyright

23 Jul 18

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.

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legal alert: NEC4 Alliance Contract – An Overview

18 Jul 18

The NEC has recently launched the much anticipated NEC4 Alliance Contract. Below we provide a brief overview.

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legal alert: Knowledge of the consequences of disability

26 Jun 18

The EAT has recently held that knowledge of the consequences of a disability is not required for claims of discrimination arising from disability.

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legal alert: Is asking a Moroccan Muslim employee whether he still supported Islamic State discrimination on the grounds of race or religion? Bakkali v GMB (South) Ltd

21 Jun 18

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.

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legal alert: Injunctive relief – The importance of being full and frank

19 Jun 18

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 [2018] EWHC 662 (Comm), where a freezing order against three defendants was set aside.

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legal alert: ACAS ADVICE ON WORLD CUP

08 Jun 18

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.

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legal alert: TUPE warning for Multi Academy Trusts MATs

21 May 18

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.

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legal alert: Top 10 tips for companies looking for investment

21 May 18

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.

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legal alert: Landmark judgment on a sub-contractor's entitlement to project insurance

15 May 18

Haberdashers’ Aske’s Federation Trust Limited and others v Lakehouse Contracts Limited and others [2018] EWHC 558 (TCC)

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legal alert: The tenants’ right to exercise a break

10 May 18

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.

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legal alert: Chancel repair liability

03 May 18

Chancel repair liability refers to the possibility that homeowners within certain parishes may be required to contribute towards the cost of repairing the chancel on a medieval church.

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legal alert: Retention deposit scheme bill delayed

02 May 18

The second reading of the Construction (Retention Deposit Schemes) Bill 2017-19 (“the Bill”) has been postponed to 15 June 2018.

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legal alert: A project monitor’s duty of care to a funder

20 Apr 18

A project monitor is responsible for checking the progress and quality of construction works on behalf of a funder and making recommendations based on the drawdown requests. The Court of Appeal recently considered the duty of care owed by a project monitor, causation and contributory negligence in the case of Lloyds Bank Plc v McBains Cooper Consulting Ltd [2018] EWCA Civ 452.

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legal alert: Employers do not have to offer enhanced Shared Parental Pay.

19 Apr 18

The EAT has confirmed that an employer’s failure to provide enhanced shared parental pay, in line with maternity pay, is not discriminatory.

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legal alert: When an expectation to work late becomes an act of discrimination: the latest development on the law on “reasonable adjustments”

17 Apr 18

The Court of Appeal have recently dismissed an employer’s appeal against a decision that an expectation that their employees work long hours is a “provision, criterion or practice” which placed a disabled employee at a substantial disadvantage compared to his non-disabled colleagues, triggering the employer’s duty to make reasonable adjustments. In failing to modify that practice (i.e. remove any expectation that he work late hours), the Company was found to be in breach of that duty.

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