Court of Appeal cautions employers against blindly accepting an occupational health opinion that employee is not disabled

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Landlord’s threats of legal action amounted to harassment of tenant

The recent Court of Appeal decision in Metropolitan Housing Trust Ltd v Worthington (1) and Parkin (2) alerts landlords to the risk of their dealings with tenants amounting to unlawful harassment.  Housing Management and Litigation experts Karl Anders and Lucie Bryan explain and offer practical advice, which will be of particular interest for social housing providers […]

Cabot SPR appeal: A welcome outcome for unsecured lenders in Scotland

Walker Morris partner Rob Aberdein explains an appeal allowed by the Sheriff Appeal Court which clarifies that the “interventionist and problem-solving approach” required of sheriffs under the new Simple Procedure Rules Simple Procedure Rules (SPR) for low value claims does not extend to undefended claims.  The appeal concerned a number of test cases and will […]

No novation is not ideal

In M Hart Construction Ltd & Anor v Ideal Response Group Ltd [2018] the court refused to enforce two adjudicators’ decisions on the basis that there was no contract between the parties. There had not been an effective novation from an original contracting party.  The adjudicators therefore did not have jurisdiction to determine the disputes. Another […]

Latest Briefings

Industry responds to SME access to the FOS

The FCA last week published a suite of responses it has received to a consultation paper (CP18/3) released in January this year setting out the FCA’s proposed changes to the jurisdiction of the Financial Ombudsman Service (FOS) to open the FOS complaints resolution process to small businesses (SMEs). The fourteen responses published come from a […]

Cyber security, separation and self-protection online

Social media has many benefits, enabling us to keep in touch with old and new friends alike, sharing special moments with ‘followers’, organising events or tracking exercise progress. However, there is a dark side to the web.  Every click, post or search adds to your very own digital footprint, this leaves everyone vulnerable to exploitation. […]

Romanian companies will be able to distribute dividends on a quarterly basis

The Romanian Parliament recently approved the Law on the Amendment and Completion of the Accounting Law No. 82/1991, Amendment and Completion of the Companies Law No. 31/1990 and Amendment and Completion of Law No. 1/2005, on the organisation and functioning of cooperative companies. Before entering into force, the law will have to be promulgated by […]

Poland: Recent competition developments in merger control field

Merger control is one of the Polish Office for Competition and Consumer Protection’s (OCCP’s) main areas of activity, as it deals with 170 to 220 filings annually. Recent notable developments in this regard include: a case concerning the Nord Stream 2 project; and the unconditional approval of Cyfrowy Polsat’s takeover of Netia…

Bulgaria: Boost to creditors’ rights on pledged receivables

“Banks may now agree to collect pledged receivables prior to accelerating the secured debt under floating charges like security interests.” – Tsvetan Krumov The most popular Bulgarian security interests under credit transactions are special pledges, resembling English floating charges. Problems under the statutory framework until recently…

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EALI welcomes five new member law firms

The Eversheds Africa Law Institute (EALI), an organisation designed to share best practices and promote the highest standards of legal service across Africa, has welcomed five new member law firms at the inaugural EALI Summit in Paris, France. The new firms — Advocats HK in Benin, Avocats Comores in Comoros, Nbendera and Nkhono in Malawi, K […]

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Kit Kat copy, right?

When is Greek yoghurt Greek yoghurt? Should a Kit Kat be trademark protected? It was all up for debate in the courts in January. Kit Kat versus Cadbury? We’re not asking for your favourite snack, but referring to yet another legal battle over whether the quintessential British snack should be protected from imitation. What about […]

Health Alert — 28 January 2014

DLA Piper has released the 28 January 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector. If you are registered and logged in to the site, click on the link below to read the DLA Piper briefing. If not, please register or sign in with your details […]

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Mishcon secures victory for Jack Wills after bird battle with House of Fraser

Lewis Silkin’s client House of Fraser (HoF) has lost a High Court battle against Jack Wills for infringing its company logo of a pheasant in a top hat and cane.  Preppy fashion label Jack Wills instructed Mishcon de Reya after finding that a pigeon in a hat logo on some of HoF’s clothing is too […]

Corporate Matters — January 2014: validity of an earn-out notice

The negotiation of earn-out provisions is often one of the pinch points in the negotiation of a share purchase agreement. The preparation and service of the earn-out notice tends to attract less attention. This can be costly, as a recent High Court judgment demonstrates. In Barratt v Treatt plc, a share purchase agreement (SPA) provided for an earn-out […]

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