Litigation Recent Decisions 14/04/98

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Latest Briefings

Adjudication Matters – June 2019

The Slip Rule – the “gateway” for consequential corrections to an adjudicator’s decision? Introduction In the recent judgment of Axis M&E UK Ltd v Multiplex Construction Europe Ltd [2019] EWHC 169 (TCC), the Technology & Construction Court considered for the first time whether consequential corrections are permitted under the statutory slip rule in the context of adjudication. […]

BIC v Burgess: pension increases were not validly introduced

By Suzanne Burrell, Jenny Farrell The Court of Appeal has overturned the High Court decision in Burgess v BIC, finding that increases to pensions in payment had not been validly introduced. We commented on the High Court decision in our update last year. Background The inflation-linked annual increases had been introduced following a trustee meeting in 1991 […]

Brewers – what’s in a name?

By Jo Pritchard More than a year after its initial launch, a Welsh brewery, formerly named LOKA POLLY, has been forced to rebrand following a complaint raised by a Swedish multinational conglomerate over the use of the LOKA POLLY name. This kind of dispute and rebranding experienced by the now-named Polly’s Brew Co is unfortunately […]

NI employers remain liable for higher holiday pay costs

By Leeanne Armstrong In a landmark ruling the Court of Appeal (CA) yesterday upheld an Industrial Tribunal (IT) decision that police officers and civilian staff are owed substantial back pay in respect of underpaid holiday pay. (Alexander Agnew & Others v Chief Constable for the Police Service of Northern Ireland & Others [2019] NICA 32) The original decision […]

New rules for enforced works

Decree-Law no. 66/2019 of 21 May was published recently to amend the rules on summonses to execute maintenance, rehabilitation or demolition works, and on their enforced execution. This legislation is part of the wider strategy of the New Generation of Housing Policies (NGPH), approved by Resolution of the Council of Ministers in May 2018. In accordance with the […]

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In brief: Coutts appoints Carr as general counsel

Coutts Group, the private banking arm of NatWest, has appointed Chalmers Carr to the newly created position of group general counsel. Carr will have responsibility for building up a team to serve Coutts’ worldwide network of offices. Carr joined from HSBC, where he spent nine years as general counsel.

Conviction on the menu

The case of a hotel sandwich board which upset planners in Bideford, North Devon, is to return to the local magistrates’ court. But when it returns, the magistrates have been given no choice but to convict hotelier Alan Jarad for breach of the Town and Country Planning (Control of Advertisements) Regulations 1992 by putting the […]

Ruling repairs landlord's rights

Roger Pearson looks at a decision which could have serious consequences for tenants who do not comply with repair covenants. A recent ruling in the Chancery Division of the High Court is seen as adding a further weapon to the increasing armoury of landlords seeking to force tenants to honour the terms of repair covenants. […]

Property

Morgan Bruce acted for Capital and Regional Properties in raising £130.5m by way of a rights issue and an extension of banking facilities through Hypo Bank, advised by Allen & Overy. Slaughter and May advised the underwriters of the rights issue.

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