A case in the Court of Appeal emphasises the need for principals to ensure that, if terminating a commercial agency contract on the grounds of the commercial agent's breach of contract, the agent's breach is a repudiatory breach under English…
In 2008, Mid Essex Hospital Services NHS Trust awarded Medirest a contract to supply catering services for seven years. Payment for the catering services was by way of monthly payments, which could be reduced in the event of service failures…
A charity has been fined £70,000 by the Information Commissioner's Office (ICO) for a serious breach of the Data Protection Act 1998. A social worker employed by the Norwood charity left sensitive documents concerning four young children outside the home…
The OFT recently conducted a pre-Christmas review of 156 retailer websites, and found that many of them may not be complying fully with the Consumer Protection (Distance Selling) Regulations 2000 and the Electronic Commerce (EC Directive) Regulations 2002. Key failures…
A case in the Scottish Court of Session highlights the importance for directors of not having too close a personal involvement in a company's activities. The court ruled that S (the sole director and shareholder of a company trading as…
On 9 October 2012, the Serious Fraud Office (SFO) issued revised statements of policy on facilitation payments, business expenditure (hospitality and gifts) and self-reporting which took immediate effect and superseded previous statements of policy or practice: Facilitation payments. Facilitation payments…
A service provision change under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) takes place when, immediately before the transfer, there is an ‘organised grouping of employees’ situated in Great Britain which has as its principal purpose the…
A council has been fined £250,000 following the dumping of former employees' pension records in an over-filled paper recycling bin in a public car park. The council had outsourced the digitisation of the records to a third-party processor without agreeing…
A recent High Court decision is a reminder that businesses should consistently follow their chosen methods of incorporating standard terms, such as printing terms on the back of documents and retaining copies of signed agreements. The case concerned a claim…
The High Court has imposed custodial sentences on two defendants who had been found to be in contempt of court after breaching a freezing injunction over a company's assets. The shareholder and company director were sentenced to nine and six…