Monthly Archives: January 2015

Held to Account

The Court of Appeal has held that the duty of an accountant is limited to the terms of their retainer. In the case of Mehjoo –v- Harben Barker (a firm) & Anor, which involved a claim for professional negligence, it … Continue reading

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Caste no shadow: Caste discrimination is covered by Equality Act 2010

Are employers at risk of an Employment Tribunal (ET) claim due to caste discrimination? A judgment by the ET has recently been upheld by the Employment Appeals Tribunal (EAT), holding that claims of race discrimination based on caste can be … Continue reading

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Top of the Shops

In August last year I blogged about how the global superstar and renowned fashion icon Rihanna successfully brought a claim against the parent company of clothing retailer giant Topshop over a T-shirt bearing her image. The case, Fenty – v … Continue reading

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Court decides solicitors have no room for error

Where a genuine mistake has been made in a case this can usually be rectified, rescinded or the court can order a party to perform a specific act. This common law doctrine is designed to prevent the harsh and unjust … Continue reading

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Ramsay’s Court Room Nightmares

Gordon Ramsay yesterday lost a long running Court case in which he claimed he was not liable to pay alleged outstanding rent payments. Ramsay, well known for his string of outspoken cooking programmes, had issued proceedings seeking a declaration that … Continue reading

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Contaminated land: the perils for a property lawyer

Contaminated land is the biggest environmental issue with which property lawyers in the UK are faced today and it is estimated that 25% of UK land is contaminated.  The Contaminated Land Regime (CLR) came into effect in April 2000 and … Continue reading

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Holiday pay – Do we or don’t we mention the word contract?

On 8 January 2015 the Deduction from Wages (Limitation) Regulations 2014 (New Regulations) came into force amending the Employment Rights Act 1996 (ERA) and Working Time Regulations 1998 (WTR). For a rundown on the position of holiday pay so far, … Continue reading

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Pension pots – Potential problems for bankrupts

Over recent years the treatment of a bankrupt’s pension has sparked mass academic debate within the insolvency market, while the Courts have attempted to deal with the issue and interpret multiple conflicting statutes. In the case of Re X (Application … Continue reading

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A Permanent Waive – Still a Bad Idea!

Much like the hairstyle of choice for the ‘80s, a hastily signed waiver letter by a Landlord may seem like a good idea at the time but, with the benefit of hindsight, could prove itself to be a regrettable mistake. … Continue reading

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Opportunity Knocks

Well, here we are again. The goose was cooked, presents were opened, you’ve probably already returned those unwanted gifts to M&S, and the New Year Celebrations are now but a hazy memory. Did you make any New Year resolutions? Have … Continue reading

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