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New National Minimum Wage Rates from April 2021

The Government has accepted the recommendations of the Low Pay Commission as regards the National Living Wage (NLW) and the National Minimum Wage (NMW) rates that will apply with effect from 1 April 2021: The NLW will increase from £8.72 to...

'Average Consumer' Takes Centre Stage in Beverages Trade Mark Dispute

The 'average consumer' may not exist in the real world but, as a legal construct, is an all-pervading presence in many trade mark disputes. That was certainly so in an infringement case concerning two manufacturers of alcoholic beverages which each named...

Facing Forfeiture of Your Commercial Lease? Consult a Lawyer Without Delay

If you are a commercial tenant and your landlord is for any reason threatening to forfeit your lease, it is crucial that you take legal advice without delay. In a case on point, the High Court came to the aid of a tenant whose shop premises were...

Businessman Fends Off 'Shadow Director' Claim Following Immigration Raid

It is a simple matter to identify registered directors of any English company – the information is readily available from Companies House or online – but putting a name to de facto or shadow directors is more of a challenge. The High Court...

Sacked Marketing Director's Re-Engagement 'Impracticable', EAT Rules

An award of compensation is the most common remedy granted in cases of unfair dismissal, but Employment Tribunals (ETs) also have the power to order reinstatement or re-engagement of wronged employees. The Employment Appeal Tribunal's (EAT's) ruling in a...

Judge Breaks Up Environmental Protest Camp to Enable Tree to Be Felled

The powerful voice of environmental campaigners would be a mere whimper were it not for their human rights to congregate and peacefully protest. However, as a case concerning a campaign to save an ancient tree from the axe showed , judges are also obliged...

Directors Who Invest in Other Businesses - Watch Out for Conflicts of Interest

Directors are generally required to devote their time and effort to the companies they serve and to avoid making investments which might conflict with their best interests. The High Court analysed the extent of those duties in resolving a dispute between...

What Is the Difference Between a Car and a Van? Income Tax Test Case

What is the difference between a car and a van? The Court of Appeal's definitive answer to that question has very significant tax implications for employers who provide vehicles for their employees' combined business and private use. The case concerned a...

Can Dismissal Without Any Disciplinary Process Ever Be Fair?

Can a dismissal ever be fair if formal disciplinary procedures are dispensed with? A tribunal addressed that issue in the case of a senior railway company employee who was sacked on the spot following a breakdown in relations with her line manager ( ...

Architect Who Left the Door Open Not Liable for Catastrophic Cinema Blaze

The first step in proving negligence is to establish the existence of a duty of care. A High Court case in which a firm of architects was cleared of liability in respect of a catastrophic fire provided a prime example of that principle in operation. An...
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