Large companies frequently engage outside contractors to assist with storage of the vast quantities of data they produce. However, as a High Court case showed , a breakdown of such commercial relationships can give rise to urgent privacy and data protection...
Latest News
In Asda Stores Limited v Brierley , the question before the Court of Appeal was whether or not thousands of women who worked at Asda's retail stores could compare themselves with male members of staff who worked at the company's distribution depots for...
A limited company has a legal personality all of its own, but an unincorporated firm does not. As a High Court ruling in respect of a domestic building dispute showed , that distinction can in some cases be a crucial one. A couple who were to move into a...
Industrial processes can be noisy and those responsible for them frequently worry that complaints from neighbouring residents will affect their businesses. However, as a High Court case showed , such concerns and the needs of commerce in general do carry...
Irreverent and foul-mouthed banter is commonplace in some working environments and does not necessarily amount to harassment or victimisation. An Employment Tribunal (ET) made that point in rejecting a compensation claim brought by a salesman who gave as...
It is often optimistically considered that trading on eBay and similar online sales platforms is effectively outside the tax system. That, of course, is not true and anyone undertaking economic transactions for profit needs to comply with the tax laws to...
The existence of oral agreements is easily asserted but very hard to prove, and that is one good reason why important deals should be in writing and professionally drafted with the benefit of legal advice. In a case on point, a businessman received nothing...
The first Intellectual Property Enterprise Court case heard outside London took place recently , when the court sat in Birmingham at the request of both parties involved in the dispute. It concerned an allegation of improper use of a registered trade mark...
Weak economic growth and increasing competition is still wreaking havoc in the High Street and the quarter that starts in January is often make or break for retailers as it is traditionally the worst trading quarter of their year. Many commercial properties...
To defeat a claim of direct discrimination under the Equality Act 2010 , the employer must show that the treatment complained of is in pursuit of a legitimate aim and is a proportionate means of achieving that aim. The aim must be objectively and reasonably...
Government regulatory decisions can have an instant and catastrophic impact on businesses, but prompt legal action can ensure that such damage is not unfairly inflicted. The point was made in the case of a company whose licence to warehouse duty suspended...
The 'making tax digital' project will require VAT-registered businesses to submit their VAT returns online from 1 April 2019 and to use accounting software that is integrated with the Government's digital gateway to do it. This in turn means, in effect, that...
The validity of trade marks can be challenged post-registration and that is one good reason why it is essential to enlist professional support in protecting them. In a case on point , the Cypriot authorities had their own disorganisation to blame after they...
A recent case in which a landlord sought repossession of a property from its tenant on the ground that it intended to redevelop the property has gained a great deal of attention, but may not be as important as it first seems. The facts of the case were that...
The Court of Justice of the European Union (CJEU) has supported the opinion of the Advocate General that the mere fact that a worker did not apply to take annual leave cannot automatically mean the loss of the right to payment in lieu of untaken leave at the...
Many people think that the costs and difficulty of litigation mean that it is not worth pursuing relatively small debts. However, a High Court case in which a carpenter won the right to be paid for his work on a building project showed how wrong that...
If your business is struggling to meet VAT and other tax payments on time, take advice quickly. The decision by the Government to restore 'Crown preference' regarding debts due to the Exchequer from April 2020 could impact negatively on you. Leaving aside...
When a construction dispute arises and a pay less notice is issued, the Housing Grants, Construction and Regeneration Act 1996 requires that the notice should specify the sum considered to be due and the basis on which that sum is calculated. In a recent...
UK and EU trade marks are a highly effective means of protecting your brand – but they are subject to territorial limits. The High Court made that point in ruling that it had no power to entertain infringement proceedings brought by British airline...
The High Court has dismissed a claim by the Independent Workers' Union of Great Britain (IWGB) seeking to overturn a decision of the Central Arbitration Committee (CAC) that Deliveroo riders are self-employed, not workers within the meaning of Section 296(1)...
The Government has taken steps to halt the 'Tier 1 Investor' visa scheme after it became clear that it was being used to launder the proceeds of criminal activity and tax evasion. The scheme allowed wealthy individuals to enter the UK and obtain indefinite...
Can a building which incorporates parts of structures previously on the same site be described as 'new'? In upholding an enforcement notice that required total demolition of three residential buildings, constructed in breach of planning control, the Court...
One of the more interesting aspects of the new Technology Strategy document published by the Information Commissioner's Office (ICO) is that it specifically identifies Artificial Intelligence as a data protection risk to individuals and concludes that it...
There is a widespread belief that every UK company director has to file a tax return. Indeed, the Government's own website suggests that being a company director alone means you should register for self-assessment and file a tax return annually. However,...
In a landmark judgment, the Court of Appeal has confirmed that individual managers can be held personally liable for dismissal in whistleblowing claims ( Timis and Another v Osipov and Another ). The case concerned the former CEO of an oil exploration...