Unexplained Wealth Orders – How they work

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Benefits and perils of permanent health schemes in employment contracts

In the recent case of Awan v. ICTS UK Ltd [2018] 11WLUK 385 (Simler J, President) the EAT confirmed and strengthened previous decisions (Aspden v. Webbs Poultry [1996] IRLR 251, Briscoe v. Lubrizol Ltd[2002] IRLR 607, amongst others) To the effect that a term will be implied into contracts of employment that “once the employee has become entitled to […]

Experts’ Agendas: A warning from the bench

“it certainly should not become routine to provide two versions which, as here, travel over much of the same ground. That approach tests the patience of the experts (and frankly of the court); produces a lengthier joint statement; potentially increases costs and is simply not the best way to focus on the issues. I do […]

Breach of duty and causation in VTE claims: An insight

By Neil Thompson Venous thromboembolism (VTE) What is it? Formation of a blood clot (a thrombus) in a vein Most commonly in the deep veins of the legs or pelvis deep vein thrombosis (DVT) Common and potentially preventable Accounts for thousands of deaths annually in NHS Fatal pulmonary embolism (PE) a common cause of in-hospital […]

Costs budgeting appeal withheld

An appeal over the process of Costs Budgeting has been upheld bringing into question the practice of ‘parking off’ hourly rates to detailed assessment. Paul Joseph, counsel at No5 Barristers’ Chambers, has highlighted the case of Derrick Offei Agyemang Yirenkyi v Ministry of Defence (2018). The claimant appealed against a master’s decision on cost budgeting. […]

Application of QOCS to defendants counterclaiming in personal injury

By Rebecca Livesey In County Courts around the country over the past year, it has become ‘fashionable’ to argue over the meaning of the word “proceedings” in CPR r.44.13. The essential question is whether a Defendant, by virtue of bringing a counterclaim including personal injury, is afforded QOCS protection against the Claimant such that any orders […]

Latest Briefings

Adjudication decisions: Avoiding enforcement where the money may disappear

By Michael Bennett The losing party in an adjudication always asks one question – do we really have to pay?  In most cases the answer will be yes, but the list of reasons for saying no just got slightly longer. The recent Court of Appeal case of Gosvenor London Limited v Aygun Aluminium UK Limited [2018] EWCA […]

Data Protection Officer: Bar Association makes announcement on overlapping roles

The General Council of the Portuguese Bar Association («PBA») has finally announced its position on the situation of lawyers who act as Data Protection Officers («DPOs»). This announcement clarifies the PBA’s understanding on holding the position of DPO while practising as a lawyer. The PBA’s position appears in Opinion no. 14/PP/2018-G, published on 28 September […]

Cayman Islands economic substance requirements

By Nick Rogers, David McIntyre From 1 January 2019, new legislation will come into effect in the Cayman Islands, requiring in-scope entities that carry on particular activities to have demonstrable economic substance in Cayman. The International Tax Co-operation (Economic Substance) Law, 2018 was passed on 17 December 2018, after an extensive process of consultation with the EU […]

Accountant work product not privileged and must be produced to CRA

By Stevan Novoselac, Josiah Edwards Davis In Canada v. Atlas Tube Canada ULC, the Federal Court (FC) ordered a draft due diligence report  prepared by Ernst & Young LLP (Canada) to be produced to the Canada Revenue Agency (CRA). The Minister of National Revenue applied to the FC, pursuant to section 231.7 of the Income Tax Act (Canada)1, seeking an […]

Should employers inform employees about pension benefits

By Liz Wood Pension schemes can often appear difficult to understand for many employees; a reflection, perhaps, of a more widespread lack of engagement with financial savings and planning. The question then frequently arises: how far does an employer’s duty to inform employees about pension benefits extend? In the next of our back to basics […]

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Phil Bradley QC and Sharon Bahia prosecute fatal nightclub stabbing

Phil Bradley QC and Sharon Bahia of No5 Barrister’s Chambers are prosecuting the murder trial of an amateur footballer stabbed through the heart. Ryan Passey, 24, was fatally wounded at Chicago’s nightclub, Rye Market, Stourbridge on August 6 last year. Kobe Murray, 19, of The Broadway, Dudley, denies murder. Mr Passey, an amateur footballer from Brierley Hill, […]

Picture of Sean Jones QC, 11KBW to illustrate The Lawyer Hot 100 Career Quiz with Sean Jones QC, 11KBW career

Hot 100 Career Quiz: Sean Jones QC

Sean Jones QC, 11KBW, who is in The Lawyer Hot 100 for a series of landmark cases in 2018 and his Billable Hour Campaign talks about his early career memories: “I reached a point where I’d had so little sleep I complained to a fellow pupil that his fizzy water was ‘too loud’ and was breaking my concentration.”

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