Most industrious silks

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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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IBA shown up by 'arty' early opening

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In brief: Mark Stephens

Last week’s The Lawyer carried a photograph captioned Mark Stephens. Unfortunately the wrong photograph was used. The picture which appeared was in fact David Schollenberger, an assistant solicitor with S J Berwin & Co. Schollenberger has just been appointed by the firm to spearhead its IT practice.

Litigation Recent Decisions 29/10/96

Foreseeability in tort claims Summary: Whether foreseeability is an essential element in proving liability in tort. Question: Insured is a property owner. He has DIY skills but has no specific professional skills in the building trade. He installed a soak-away near the top of an embankment. Owing to the unstable nature of the embankment there […]

Chris Fogarty reports

Barnards Inn director of chambers Andrea Kennedy has left the set after three years to investigate the possibility of setting up an independent practice management consultancy for chambers. Kennedy joined Barnards Inn, which covers a wide range of work, including banking, consumer law and civil rights, shortly after it was formed in 1993. “I was […]

No joke going beyond the pale

In September, the Employment Appeals Tribunal ruling that a hotel’s management was liable for racist comments made by comedian Bernard Manning about two Afro-Caribbean waitresses made national paper headlines. But in the sensationalised publicity surrounding the case it was easy to lose sight of the fact that the ruling had great legal significance. It was […]

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