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Recent Articles
The Mencap Case: Putting the Sleep-in Shift Issue to Bed?
In a recent decision, the Court of Appeal held that care workers who are contracted to undertake sleep-in shifts are not entitled to the National Minimum Wage for the time they spent asleep. This is a controversial decision that is, quite rightly, set to be heard by the Supreme Court.
12:00, 14th August 2018The Battle for Survival: CVAs and their Impact on Landlords
CVAs are mechanisms agreed by companies and their creditors in order to stave off administration; they buy the company time to restructure their debt and business to survive. However, the effect of such arrangements on landlords can be damaging: they need to be aware of the risks.
Commercial Awareness: Law Firms Floating on the Stock Market
Law firms, which have traditionally operated as limited liability partnerships for centuries, have increasingly begun transitioning to public companies and floating on the stock market. This represents a highly important change in the legal industry that should not be underestimated.
Pimlico Plumbers v Smith: Clearing a Blockage in the Employment Law Pipe?
The Supreme Court's recent judgment in Pimlico Plumbers v Smith [2018] highlighted the difficulties facing employment law that have arisen following dramatic changes in the employment market, but disappointed many employment lawyers through its refusal to be more intrusive in making change.
No Limits on Ltds: Defending the Right of Corporations to Sue in Defamation
Defamation law has gradually widened throughout the years. However, controversy has arisen over whether or not companies, which grant high value to goodwill, should be able to sue when defamed by an individual. Australia has adopted a approach; should English law consider it?
It's All Just Talk: No Oral Modification Clauses in MWB v Rock
No Oral Modification Clauses purport to block parties to a contract from agreeing to a non-written variation of its terms. For many years, the legal position of such clauses has remained uncertain thanks to conflicting authority. Finally, the Supreme Court has provided guidance.
Can Foreign Investors Sue The UK For Billions Over Brexit?
The UK has signed a number of treaties with other countries that it to protect the interests of foreign investors by keeping its legal framework stable. The potential upheaval that might come after Brexit might see the UK breach these obligations. Investors may thus be able to sue.
Commercial Awareness: The Sainsbury's/Asda Merger vs Competition Law
The proposed merger of two of the UK's biggest supermarkets, Sainsbury's and Asda, raises important questions that are often tackled by M & A lawyers: how and when will competition law operate to prevent or limit a deal because it poses too big a threat to market competition.
The Precautionary Approach in the North Sea: Causing More Harm than Good?
The precautionary approach is one of the most fundamental principles of international environmental law. It has been vital to the protection of the environment from harm in many contexts. However, in others like artificial reef creation, its overly rigid application can be counter-productive.
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