Fraudulent claims; Hayward’s claim goes Wayward: Case Analysis of Hayward v Zurich Insurance Co PLC [2016] UKSC48

Kathy McGillie

The recent 2016 case of Hayward v Zurich Insurance Co PLC UKSC48 considered whether an insurer can use the law of misrepresentation to successfully appeal a personal injury settlement, where there had been a suspicion of fraud. In 2003, the Appellant’s Zurich, Mr Hayward’s employer’s insurer settled a personal injury claim suffered in the ...

Shareholder disputes and valuation issues

James Donnelly

Background Imagine a company with four shareholders: A, B, C and D.  They work together to build a successful business over a number of years, but then fall out.  The fall out is terminal and shareholders A and B decide they will have to exit the company. Happily, the company has taken legal advice and ...

Looking East – Export Opportunities in the wake of Brexit

Ciara Lagan

On Wednesday 29th March 2017 Theresa May officially triggered the UK’s withdrawal from the EU. And so we brace ourselves for what lies ahead and contend with the uncertainty of what a post Brexit Northern Ireland will mean. Such uncertainty makes it prudent for local businesses to seek out potential opportunities. China, in particular, presents ...

Make a clean break – Partitions render break clause ineffective

Amanda Byrnes

Break clauses within commercial leases can be an area of contention should ambiguity seep into the drafting or in the event conditions attaching to the break are not precisely complied with.  A break clause affords either one or both parties a mechanism to exit the lease on a set date or dates, usually years ahead ...

The power of a NED

Grant Edwards

Often associated with public companies only, the non-executive director (or “NED”) can be invaluable for SMEs. Skilled and experienced business people could easily step in to the role of the NED for such businesses providing objectivity and strategic direction to help them grow. Benefits Most executive directors will be focussed on the day-to-day management of ...

No point crying over lost data

Andrew Kirke

A legal perspective on how to think about responding if your IT Systems have been targeted by the WannaCry Ransomware, or other malware. What do you do as a CTO if you wake up in the morning to a string of emails from your Chief Exec, a buzzing twitter feed and a breakfast TV special ...

GDPR: How to save €20 million

Paul Eastwood

The countdown for the United Kingdom’s implementation of the General Data Protection Regulation (GDPR) is fast approaching, with almost 12 months to go until 25 May 2018, the date by which affected companies are required to ensure compliance, or face penalties. The GDPR is the widest-ranging amendment to data protection law in the UK in ...

The Invisibility of Mental Health Issues in the Workplace – What employers need to know

Rachel Richardson

A business owner recently informed me that an employee, absent due to stress at work, should be in the workplace as he “didn’t have a broken leg” and he suspected there was “nothing wrong with him”.  Unfortunately this view, by some employers, still prevails, ie if you cannot see an illness then that person really ...

Investor Tax Reliefs

John McGuckian

This note provides a summary of the different types of generous tax reliefs which are available to investors and “business angels” in the UK including an introduction to a new “investor relief” which was introduced by the Finance Bill 2016 BACKGROUND To stimulate and support entrepreneurship, HMRC offers a number of tax incentives for individual ...

Deus Lex Machina – Will Artificial Intelligence Technology Replace Lawyers Any Time Soon?

Andrew Kirke

A couple of lawyers from Tughans were at a leading technology conference in Belfast last week and the discussion moved to the future of the legal sector and the potential for lawyers to be replaced by AI technology in the short to medium term. The host asked if there were any lawyers present in the ...