A Court of Appeal judgment has highlighted the importance of the unfair prejudice remedy as a means of encouraging proper corporate behaviour in the management of smaller companies. The court allowed a minority shareholder's appeal against the High Court dismissal…
The EAT has provided some general guidance about the factors that employment tribunals are entitled to take into account when considering the effect of valid warnings on the fairness of a conduct dismissal. For example, where a warning is valid:…
The manufacturer of Crocs beach shoes has failed to convince the Court of Appeal that a derogatory ‘joke’ about its service department that was posted on the internet amounted to a repudiatory breach of contract which justified the termination of…
In refusing to allow a taxi firm to use a telephone number relating to an office outside the area in which its vehicles and drivers are licensed, a High Court judge has emphasised Parliament’s intention that taxi services should be…
A businessman whose luxury yacht exploded in flames 15 minutes into its maiden voyage has won £300,000 from the company that sold it to him. A judge ruled that, barring an attack by a submarine, the only likely explanation for…
A recent Court of Appeal decision reinforces the importance for businesses of having insurance cover for losses occasioned by fire on their premises. The decision clarified that, although damage caused by fire emanating from an adjoining property could fall within…
The Committee of Advertising Practice has published updated guidance on terms and conditions in sales promotions. The guidance has been updated to include examples of recent Advertising Standards Authority adjudications, and in particular takes into account marketing over Twitter. It…
The Court of Appeal has confirmed that there will be no service provision change for the purposes of second-generation outsourcing where the activities carried out by different contractors before and after the change are not for the same client. This…
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…
When a supplier sought to protect its trade mark against a company that was breaching its right to control the first sale of its products in Europe, the claim was disputed on the ground that the trade mark owner had…
