Legal Advice Privilege – Court of Appeal judgment shapes new guidance for In-House Lawyers

Emma-Rose Rooney

In February the Court of Appeal handed down a judgment in the case of The Civil Aviation Authority v Jet2.Com Ltd EWCA Civ 35 (the “Judgment”) that provides important new guidance on the scope of application of Legal Advice Privilege (“LAP”). BACKGROUND Jet2.Com Limited (“Jet2”) made an application for specific disclosure (referred to as ...

IP Disputes – lessons for 2020 and beyond

Emma-Rose Rooney

The decorations are down, everyone has to get used to new digits when writing the date, and we are clinging to the optimism of new resolutions. But as we leave behind 2019, which IP disputes hit the headlines and what insights do they offer for 2020 and beyond.   USE IT OR LOSE IT At ...

Compulsory Retirement: how old is too old?

Patricia Rooney

The recent successful Employment Tribunal claim by Professor Paul Ewart (originally from Northern Ireland) against The University of Oxford has highlighted the risks for employers who set a retirement age for employees.  Professor Ewart, the former head of atomic and laser physics at Oxford Clarendon Laboratory had worked at the University for 30 years until ...

Managing Christmas Festivities in the Workplace

Rachel Richardson

A HR manager recounted an incident in the office, where a number of employees stayed after hours and drank excessively, one of them acted inappropriately, startling another employee who was still working.  She did not want to discipline these employees, but can she write a warning note about their behaviour and put it on their ...

Redundancy and alternative employment – what is considered “suitable”?

Rachel Richardson

A HR Manager is in the middle of a redundancy consultation process with employees and is at the stage of considering whether there is any suitable alternative employment which can be offered to the employees who are at risk of redundancy.  Do the employees have to be offered exactly the same roles that they are ...

Immigration update for a no-deal Brexit  

Jack Balmer

The UK government has published updated arrangements on the immigration status of EU nationals who wish to live and work in the UK in the event of a no-deal Brexit (September arrangements). These replace the previous arrangements published in January 2019 and are provided in advance of the anticipated announcement of the UK’s post-Brexit immigration ...

Holiday Pay after Agnew: ten key issues for employers

Jack Balmer

  The Northern Irish Court of Appeal has handed down its eagerly anticipated decision in The Chief Constable of the Police Service of Northern Ireland & Northern Ireland Policing Board -v- Alexander Agnew & Others. An appeal from the Industrial Tribunal, this case involves claims raised by 3,380 police officers and 364 civilian staff in ...

Unlucky Number 13

Andrew Kirke

  Will the EU’s new copyright directive bring an end to the age of memes? In March, the EU passed its controversial Copyright Directive, designed to control how copyrighted content is shared on online platforms.   The Directive and its most controversial component, Article 13, requires online platforms to filter or remove unauthorised copyrighted material ...

Planning POCA: High Stakes for planning breaches

Maria O’Loan

  Southwark Council has recently secured over £1 million under a Proceeds of Crime Act (POCA) order against a landlord who converted three flats into two cramped studios and bedsits.   The council originally brought a planning prosecution against a landlord, for illegally converting three flats within 2-4 London Bridge Street in 2010. He was ...

Estate Agent Due Commission Despite Disputed Verbal Contract

Aaron Mulholland

It is common for “find me a purchaser” agreements to be entered into informally between real estate agent and seller, such as by way of telephone call. Section 18 of the Estate Agents Act 1979 however, provides that an estate agency contract shall not be enforced unless, among other requirements, the agent has given the ...