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Searching Content indexed under Litigation, Mediation & Arbitration by Hewitsons LLP ordered by Published Date Descending.
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1
Employment Legal Update August 2019
In the case of Meier v BT the Northern Ireland Court of Appeal (CA) had to consider whether an employer had sufficient knowledge of a job applicant's disabilities to trigger the employer's duty
UK
10 Sep 2019
2
Court Of Appeal Considers Effectiveness Of Standstill Agreements In Claims Under The Inheritance Act 1975
The recent case of Cowan v Foreman considers the effectiveness of standstill agreements (agreements between the lawyers to defer the claim until after the legal deadline) in claims under the Inheritance Act 1975.
UK
5 Sep 2019
3
Parents Seek To Reverse Property Purchase That Triggered IHT
The High Court is attempting to disentangle a complex family trust case. In Rogge v Rogge wealthy parents put millions into a trust for their young son who became severely disabled as a result of a Polo accident.
UK
5 Sep 2019
4
Caster Semenya Ruling - A New Age For Gender Categorisation In Sports?
Last month, the Court of Arbitration for Sport ("CAS") ruled against Caster Semenya in her long-standing dispute with the International Association of Athletics Federation ("IAAF").
UK
14 Jun 2019
5
Fairness And Consistency In Disciplinary Proceedings Brought By Sports Governing Bodies
It has not been the best of years for José Mourinho. Zinedine Zidane has recently beaten him to the job of Real Madrid manager ...
UK
14 Jun 2019
6
A Golf Club's Covenant To "Maintain And Forever After Keep In Good Repair" Was Unenforceable
A recent decision by the Court of Appeal has over turned a High Court decision holding that a covenant to "maintain and forever after keep in good repair…
UK
11 Jun 2019
7
Employment Legal Update February 2019
In the recent case of Asda Stores Limited v Brierley, the Court of Appeal has upheld the decision that staff working on the supermarket's shop floor can compare themselves to warehouse staff
European Union
21 May 2019
8
Was The Seller Ready, Able And Willing?
In Oakley v Harper McKay Developments the High Court held that a Seller of an office block, to be converted into flats ...
UK
8 Mar 2019
9
Court Of Appeal Upholds Registration Of Quayside As Town Or Village Green
The registration of land on a quayside in Essex as a town or village green (TVG) has recently been confirmed by the Court of Appeal,
UK
6 Feb 2019
10
Farming Assets: Do They Belong To The Partnership Or The Individual Partner?
Many assume if an asset, such as farmland, is referred to in the partnership accounts that it is a partnership asset.
UK
6 Feb 2019
11
Diffident Display Of Finding An Adjudicator's Decision Concerning Defects To Be Defective
The claimant and defendant had entered into a sub-contract, clause 14.4 of which stated that if the defendant decided any works done ...
UK
5 Feb 2019
12
A Friend In Need, Is A Friend... In Greed! The Perils Of Providing Free Advice
This case concerned an architect who agreed to assist her friends with their landscaping venture on a gratuitous basis whereby she secured a contractor to carry out earthworks and hard landscaping,
UK
4 Feb 2019
13
Risky Business Or Real Risk Of Dissipation?
The appellant company appealed against a stay of execution of a judgment based on an adjudicator's decision.
UK
4 Feb 2019
14
Essential Intention: The Need To Scrutinise Your T's & C's In Letters Of Intent
AMEC was a specialist sub-contractor on two large construction projects: the Wellcome Centre and the Castlepoint car park. AMEC engaged Arcadis to carry out design work on both projects.
UK
4 Feb 2019
15
Collude, Get Sued (And You May Even Be Held Personally Liable)
The claimant (a construction business specialising in house refurbishment) claimed the unpaid value of work carried out under a contract with a limited company (H).
UK
4 Feb 2019
16
A Further Jab To The "Smash And Grab" Adjudication?
In our edition of the HTML last April we reported on the decision in the Technology and Construction Court, which signified the ability for employers to bring separate (counter)
UK
4 Feb 2019
17
Will And Estate Disputes Update - December 2018
In the case of South Downs Trustees Limited –v- GH, the High Court has recently considered an application under section 57(1) of the Trustee Act 1925.
UK
15 Jan 2019
18
It's In The Partnership Accounts But Is It Partnership Property?
The recent High Court judgment in Wild v Wild [2018] EWHC 2197 (Ch) confirms that one partner cannot unilaterally cause property to become a partnership asset without the prior agreement or subsequent acceptance of the other partners.
UK
21 Nov 2018
19
New ACAS Guidance On Employment References
ACAS have released new guidance on employment references, which covers matters such as whether or not a reference must be provided, what a reference can include and whether an employer can give a bad reference.
UK
24 Oct 2018
20
R (On The Application Of (1) KE (2) IE (3) CH V Bristol City Council [2018] EWHC (Admin) 2103
Bristol CC's decision to reduce its special educational needs budget by over £5million has been overturned after a successful judicial review brought by families affected.
UK
23 Oct 2018
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