Commercial Client News

Missed Deadlines Mean Missed OpportunitiesJuly 8, 2019

Gerry Rafferty famously claimed that 'if you get it wrong, you'll get it right next time', but a recent construction dispute shows that this is...

Pension Trustees Owe No Duty of Care to EmployerJuly 2, 2019

Many directors of companies are also trustees of the company pension scheme. Sometimes, their duties as a director and as a scheme trustee can be...

Possession Granted When Tenant Claims Argument is Over Same FactsJune 20, 2019

It is very common for tenants who run up rent arrears to effectively be given a second chance by the courts when facing an application...

Gay Headteacher a Victim of Unconscious Discrimination, EAT RulesJune 17, 2019

Whether discrimination is subliminal or deliberate often makes little difference to the pain and distress it causes. The point was strikingly made by a case...

Sale of Insolvent Company to Creditor Not ImproperJune 12, 2019

Insolvencies are seldom happy periods for any of those involved and great care must be taken by those who deal with the insolvency proceedings to...

Three Quarters of Firms Not Aware of Anti-Tax Evasion LawJune 11, 2019

A recent survey by HM Revenue and Customs (HMRC) shows that only one in four UK businesses are aware of the penalties they could face...

What Exactly Is the ‘Curtilage’ of a Building?June 9, 2019

Whether land is or is not within the curtilage of a building can be a decisive factor in many planning cases. The High Court considered...

Accountant Who Worked Exclusively for One Client Became an EmployeeMay 20, 2019

The distinction between employment and self-employment is a continuing source of controversy and a ruling by the Employment Appeal Tribunal (EAT) that an accountant who...

Adjudication Payments Must Be Made FirstMay 6, 2019

Payments under building contracts can be a touchy issue and have led to numerous disputes. Adjudication proceedings are intended to make the process of resolving...

Discrimination and the Burden of Proof – Court of Appeal Gives GuidanceMay 1, 2019

Once an employee succeeds in establishing facts that arguably support a finding of discrimination, the burden of proving that there was no such discrimination falls...

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