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M&A diligence: marking a document ‘without prejudice’ may not be enough to prevent admission to court
Marking a document ‘without prejudice’ will not necessarily be a conclusive factor when a court decides whether the document is admissible in evidence.
A recent case is a good lesson for those involved with the drafting of acquisition indemnities to ensure the wording and grammatical construction is clear.
The Employment Appeal Tribunal has ruled that workers are entitled to have voluntary overtime included in the calculation of their holiday pay.
In Unaoil v Leighton Offshore, the Commercial Court rejected Unaoil’s claim for liquidated damages on the basis that the relevant clause was an unenforceable penalty.
The Court of Appeal recently considered the enforceability of an expert’s determination of whether a company’s historic accounting practices should be applied.
A recent High Court case has emphasised the need for investors to ensure that confidentially clauses in shareholders’ agreement are drafted correctly.
For a number of years, one of the most hotly debated topics involving cloud computing has been around the security, confidentiality and integrity of data.
For a number of years, lawyers have debated the issue of whether it is an infringement of copyright to link to or frame online content owned by a third party.
Ensure restrictive covenants in a sale agreement are enforceable (as the courts won’t do it for you)
The Court of Appeal has overturned a decision in which the judge read words into a restrictive covenant clause to reflect what he determined the parties had in mind at the time of drafting.
This paper outlines the key benefits of multi-sourcing, the challenges and risks and the options available to customers to manage these risks.
Court of Appeal clarifies Mitchell guidance on relief from sanctions — a welcomed departure from the hardline approach to procedure
Following Mitchell v News Group Newspapers, judges across the country have grappled with various different applications for relief from sanctions.
A recent Court of Appeal case has caused consternation among City lawyers for introducing significant legal uncertainty over the established distinction between loans and debentures in English law.
A recent High Court case has considered the possible ways of interpreting the words ‘the purpose’ in a contract between a seller and a buyer of a business.
While an enshrined position in continental Europe, the general position under English law is that there is no obligation to negotiate in good faith as part of a transaction.
In two cases, the ECJ considered that commissioning mothers who receive a child via surrogacy were not entitled to maternity leave under the Pregnant Workers Directive.
In Peacock Stores v Peregrine, the Employment Appeal Tribunal found that three employees were contractually entitled to enhanced redundancy payments.
In Crime Reduction Initiatives v Lawrence [UKEAT/0319/13], Ms Lawrence went on sick leave with depression in April 2011.
Covert recordings by an employee of her hearing and the private deliberations of the panels were admissible as evidence in her claim for sexual harassment.
Employers can no longer reclaim statutory sick pay (SSP) from HMRC where the total SSP paid in that month exceeded 13 per cent of their Class 1 NICs for that month.
The control and security of electronic data has been a continual issue in technology related transactions for some time.