It is quite common when a subsidiary of a group of companies wishes to undertake a substantial contract for the other side to seek assurances of support from the subsidiary’s holding company, or occasionally from another member of the group.…
In a ruling which underlines the potential hazards of signing personal guarantees in respect of corporate debts, a businessman has been hit with a bill for more than £330,000 almost seven years after he resigned from the relevant company. The…
The Employment Appeal Tribunal (EAT) has held that a district nurse, who was summarily dismissed on capability grounds and then reinstated following a successful appeal, with full back-pay, was constructively dismissed when she resigned over the terms of her return…
Taxpayers that actively manage their property lettings and wish to incorporate their business will welcome a recent decision in the Upper Tribunal (Tax Chamber). The Upper Tribunal determined that the term "business" in the capital gains tax (CGT) "incorporation relief"…
Following the launch of a new update service by the Disclosure and Barring Service (DBS), businesses can now carry out free online checks to find out whether there have been any changes to an employee's criminal record certificate. The DBS…
In the context of an agreement for the sale of an estate agency business, the Court of Appeal has ruled that a contractual clause should be interpreted in line with its ‘natural meaning’. Notwithstanding the rather surprising outcome, the commercial…
In a case which vividly illustrates that confusion between similar website names is not an insoluble problem, a businessman has been directed to give up two internet domain names which were capable of creating public confusion and a perception that…
The central issue before the High Court in a recent case was whether a number of letters written by a parent company and sent to the directors of a daughter / subsidiary company were legally enforceable. The letters, written by…
In resolving a dispute as to the ownership of intellectual property rights in respect of software that formed the ‘crown jewels’ of a highly successful investment business, the High Court has ruled that authorship does not necessarily equate to copyright.…
Under proposals put to the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs, data protection law looks set to be reformed such that the use of ‘pre-ticked’ boxes will no longer be permitted as a way of showing…