The Director of Public Prosecutions (DPP) has issued interim guidelines for use by the Criminal Prosecution Service (CPS) when considering whether to bring charges in cases involving communications sent via social media such as Facebook and Twitter (including instances of…
Some people may think that once you have obtained patent protection for your product, you need do nothing further to protect your rights against infringement or to claim damages from an infringer. However, in many jurisdictions, merely being the owner…
A recent case involving supermarket chain Somerfield (now part of the Co-Op) shows the wisdom of thinking through the implications of a contract before undertaking it. The supermarket chain made an agreement with a company called ParkingEye to monitor cars…
Trading with the intent to defraud creditors is an offence under the Insolvency Act 1986 (Section 213). Proceedings can be brought against the directors (including ‘shadow directors’ – people who run the company but are not formally directors) of an…
An employment tribunal case appears to provide some reassurance for employers that it is possible to approach retirement conversations in a non-discriminatory manner. The tribunal dismissed claims of unfair dismissal and age discrimination, despite several age-related comments having been made…
Businesses may draw some comfort from a recent European Court of Human Rights decision concerning criminal record information. In this case, a woman had been cautioned for child abduction after she disappeared with her grandson for two days during a…
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…