Tag Archives: Miller Samuel

Recent UK Supreme Court Cases

This post focuses on three recent UK Supreme Court decisions – Marks and Spencer plc v BNP Paribas Services Trust Company (Jersey) Limited [2015] UKSC 72, Cavendish Square Holding BV v Talal El Makdessi, and ParkingEye Limited v Beavis [2015] UKSC 67. The latter two cases related to the same legal principles.

Marks and Spencer

This case concerned the treatment of rent payable quarterly in advance under a commercial lease and what happens when a tenant (Marks and Spencer) exercises their right to end the lease early. 

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Christmas Crackers – Top Tips For Employers This Christmas

Christmas comes but once a year – and brings a whole set of employment issues with it. This post looks at some of the most common issues raised by the festive season and offers guidance to employers for making it through the most wonderful time of the year. 

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Comments Made on Social Media Allowed Employer to Fairly Dismiss

The Employment Appeal Tribunal has deemed that comments made on social media by an employee of British Waterways Board (BWB) about his employer could allow for that employee to be fairly dismissed.

The worker, who was part of a team responsible for the maintenance and upkeep of canals and reservoirs had taken legal action after he was dismissed for making comments on Facebook about his employer and his working conditions. 

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HSBC, Barclays and RBS Currency-Rigging Settlement

A trio of banking groups along with BNP Paribas and Goldman Sachs have paid over $1.2 billion dollars in a class action settlement after they admitting to rigging currencies.

As a result of the outcome of the class action, it is expected that similar cases could be seen in the UK and across the world. 

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Corporate discrimination- the consequences of the company you keep!

It seems fair to say that in recent years anti-discrimination law has gone into overdrive. Not even three months have passed since we reported on the European Court of Justice’s decision in the CHEZ Razpredelenie Bulgaria AD case, which opened the door to “indirect associative discrimination”.

We now have the EAT’s decision in EAD Solicitors LLP v Abrams to add to the mix. The effect of this decision could prove significant; broadening the scope of the main anti-discriminatory legislation – the Equality Act 2010 – to “legal persons”, which would include companies, partnerships and other bodies corporate, in addition to individuals. 

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Trade Union Bill – a declaration of war or an end to an outdated regime of industrial relations?

After sweeping to power in the May General Election, and given the Labour Party’s giant lurch to the left of the political spectrum, the present Conservative government has generally sought to take up the centre ground of British politics. Part of this new image for the government comprises being seen as a bulwark to Jeremy Corbyn’s strong and oft-stated commitment to reviving the trade union movement generally.

Against this backdrop, the government has recently announced a number of legislative reforms in the employment and business sectors, including the introduction of a National Living Wage; a drive to increase the number of high quality apprenticeships and changes to immigration law to discourage the misuse and abuse of undocumented workers. Such policies, generally speaking, carry widespread support. However, this cannot necessarily be said for another proposed legislative update: the Trade Union Bill. 

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“As-you-were”? Leases, Companies and the Crown

Many companies could be forgiven for believing that if their previously struck off company is restored to the Companies Register; then they can continue their affairs exactly where they left off. However this is not always the situation, as the recent case of ELB Securities v Love and Prestwick Hotels Limited showed in an interesting intersection of the Companies Act 2006 (2006 Act) and the law of leases. 

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Volkswagen Set Aside Commercial Litigation Funds

Volkswagen has set aside at least £5 billion in an attempt to deal with any legal action that occurs as a result of the emissions scandal. The company could face collective action from shareholders and customers who purchased diesel cars with ‘defeat devices’.

Potential Litigation in European Market

Just under 500,000 cars are expected to be recalled after devices that told the car when it was being tested for emissions and when to reduce said emissions. The defeat devices, which were discovered in the American market has seen shares fall in the company by over 30%, however, it is unclear if the European market had the same devices attached, potentially creating a loophole regarding litigation.

Although the company has set aside funds, Environment Protection Agency (EPA) has warned that the violations since 2008 may run into 8 billion in fines alone.

A first class action against the Volkswagen Group was filed in San Francisco, with experts warning that further claims will likely follow in Germany and the UK. One of the top investors in Volkswagen in Europe said: “If we can with some certainty establish that we, as investors, were misled by the company, and that has affected our returns, then I cannot rule out that we would seek compensation from the company.”

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Launching collective claims in Britain is tougher than in the United States, with claimants being with a common interest to be automatically grouped together even if they did not opt in together. Opt-out class action lawsuits are being introduced on October 1. However, a case against VW in the UK could be painstakingly long.

If you require advice regarding commercial litigationcontact us today by getting in touch with our team of expert solicitors.

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20mph Speed Limit to Tackle Road Traffic Accidents in Glasgow

Glasgow is to follow Edinburgh in introducing 20mph zones in certain areas in an attempt to reduce the number of road traffic accidents and protect vulnerable road users.

The news comes after the A77 through Maybole became the first road to have a 20mph speed limit, with the speed limit introduced due to a large number of trucks on the road. Some zones in Glasgow’s city centre will become 20mph zones with the city following Edinburgh’s lead on bringing in such a speed limit. 

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“Ask the Expert”- Free employment law seminar

After a (literal) pregnant pause, we are delighted to confirm our popular “Ask the Expert” employment law seminar will return on Thursday 22nd October 2015: we would be delighted if you could join us! As always, the seminar will be jointly hosted with Syme Drummond, recruitment specialists.

As it’s been a while since our last seminar, there are a wealth of issues and developments which we can discuss. As always, we would hope to shape the topics covered to meet your particular concerns, interests and queries. If there are any particular legal matters or questions you would like us to cover, please get in touch by email (employment@millersamuel.co.uk) or on Twitter (@MSLLP_EmpLaw). 

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