The Supreme Court is in the second day of hearing cases brought by Alison Sharland and Varsha Gohil in which the court has to decide whether lying to a court in divorce proceedings about your financial circumstances, should automatically result in any financial settlement reached being reopened. It may come Read more…
The Court of Appeal has considered the question of whether a single representative can bind a company is governed by the law of the place where the company is incorporated. A supply contract between two Swiss oil trading companies was subject to English law and jurisdiction. The defendant argued that Read more…
A recent Court of Appeal case illustrates the difficulties that can arise when a business partnership operates from shared premises but does not give full consideration to the legal structure at the outset. The court held that an application for a new business tenancy made by one of the two Read more…
Landlords of residential property will be delighted by a Court of Appeal decision restoring the “sets” approach to determining qualifying works for residential service charges. The “aggregated” approach significantly increased the consultation burden for landlords and potentially placed them in a difficult position when dealing with emergency repairs. Separate sets Read more…
A Court of Appeal decision illustrates the need for businesses to undertake thorough investigations into disciplinary allegations. The court held that an employer did not breach its duty of care to an employee by bringing disciplinary proceedings against her. It had been alleged that the employee had been complicit with Read more…
In some share purchase transactions, the parties adopt a pricing structure whereby the purchase price is not fixed before the share purchase agreement is signed. Instead, the transaction proceeds on the basis of a provisional price which is subsequently adjusted after completion has taken place on the basis of a Read more…
A Court of Appeal decision confirms that, where an employer has set out a formal contractual disciplinary procedure, it is bound by the terms of that procedure. In this case, the employee had appealed against the imposition of a written warning and the employer contemplated increasing the severity of that Read more…
A potentially redundant employee will lose their right to a statutory redundancy payment if they unreasonably refuse an offer of suitable alternative employment made by their employer. In the recent case of Devon Primary Care Trust v Readman the Court of Appeal confirmed the correct test to use when assessing Read more…
The Court of Appeal has ordered a defendant to disclose e-mails to the claimant company on the basis of their former relationship as agent and principal. The court confirmed that the principal was entitled to require production by the agent of documents relating to its affairs. Materials held and stored Read more…