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Delay is a common problem in construction projects and can have costly implications. Before electing to terminate on grounds of contractor delay, there are a number of factors that should be considered.
Data Issues Roundup, 12 May: US cyber security laws; move to stop organisations blocking publications; and more
Also: settlements with retail tracking company and pharmacy; CII best practice guide.
An employer’s conclusion that its employee had committed suicide, meaning that his widow was not entitled to receive a death-in-service payment, was unreasonable.
Gard Marine v China: if a contract requires insurance the court will assume the parties have agreed to look to their insurers for indemnification.
Implications of the EAT’s recent decision on the meaning of ‘public interest’.
Also: cultural differences could wreck the single EU data protection law dream; data protection authorities face resource challenges due to digital boom; and more.
The ECJ has confirmed that ‘establishment’ means the local employment unit to which the redundant worker is assigned.
A warning given in bad faith could not be relied on for the purpose of determining whether there was sufficient reason to dismiss an employee.
Neither financial services firms nor law firms should underestimate the cultural sea-change in behaviour the FCA expects.
Also: retrospective alternative service of claim form; judicial comment on costs budgeting; and more.
Making an offer to settle a claim under Civil Procedure Rules Part 36, whether as a claimant or defendant, is a way of potentially transferring some of the costs risk in litigation to your opponent.
Also: how a solicitor misled a court.
What it means for those dealing with disputes day to day. And by the way, there may be more rises on the way.
Court confirms the high level of protection given to auditors where an exclusion of liability clause is included in a set of accounts.
Data Issues Roundup, 20 April; AT&T's $25m privacy settlement; Facebook case in Austria; Google loses out in Germany; and more
Also, UCAS gives data protection undertaking’.
Worldwide update also includes items on Prince Charles’ letters and a code of practice for UK public authorities.
The proceeds of a sale of misappropriated antiques were the assets involved in Credit Agricole Corp and Investment Bank v Papadimitriou.
The PCBS made a series of recommendations in its June 2013 report which were designed to encourage employees to ‘blow the whistle’ and for the FCA to take a greater role in ensuring compliance.
Constructive knowledge will only be fixed on the employer where it has failed to take steps to discover the employee’s status. Here are some do’s and don’ts for employers.
Employers should be satisfied the commission in question can be described as ’normal remuneration’, and other tips.