The Control of Asbestos Regulations 2012 [1] came into force on 6 April 2012. These made some adjustments to the existing Regulations, in order to take account of the European Commission’s view that the UK had not fully implemented the…
An EAT decision provides a reminder to all employers that any departure from the conventional approach to selection criteria during a redundancy exercise must be treated with caution. The EAT found that an employer had acted unreasonably when it used…
Employers will welcome an Employment Appeal Tribunal (EAT) decision that provides further guidance on how the tribunal will apply the procedural requirements of the Acas Code in unfair dismissal cases. The EAT held that an employer's decision to dismiss was…
A firm of surveyors which carried out valuations that overstated the value of three properties found itself defending an action for negligence recently. The surveyors had issued valuations on which a mortgage lender had relied when approving loans. The High…
The High Court has clarified that where a consumer has a business purpose as well as a private purpose, the consumer can only fall within the Unfair Terms in Consumer Contracts Regulations (SI 1999/2083) (UTCCRs) if those business purposes are…
There are many potential benefits of buying a franchise, such as having access to well-established business and accounting systems, centralised marketing and a proven business model. Being part of a well-known national brand also has an appeal for many businesspeople…
A house owner has been awarded almost £380,000 in damages and interest against a partner in a building firm who fraudulently induced him into entering into a contract for the renovation and extension of his property. The builder had ‘participated…
Insolvent tenants can be a major headache for landlords. For example, when a corporate tenant goes into administration, the landlord needs to obtain the consent of the administrator, or of the court, to forfeit the lease. This is because administration…
A recent ECJ ruling will provide welcome news to trade mark proprietors. The ruling confirms that trade mark proprietors who consider that a third party's use of a later-registered trade mark is an infringement of their own mark can potentially…
A case has been decided which arose because accounting errors were made by a company which was bought by another company. Some of the management of the company which was sold invested in the buying company, so that the eventual…
