Issues

london Thames Parliament Big Ben Westminster
1

Latham hires second Clifford Chance private equity partner in six months

Clifford Chance private equity partner Tom Evans is leaving the firm to join Latham & Watkins’ corporate practice. Evans’ departure to Latham follows that of former Clifford Chance global private equity head David Walker, who made the same move just six months ago (8 April 2013). Evans only became a partner at the magic circle […]

DLA Piper appoints Richard Hans as co-managing partner of New York office

DLA Piper has announced that Richard Hans has been appointed co-managing partner of the New York office, joining Heidi Levine in the role. He succeeds Peter Pantaleo, who has been appointed general counsel of DLA Piper (US). Hans is also chair of DLA Piper’s 100-lawyer New York litigation practice and a member of the firm’s […]

Upcoming development in employment law in Hong Kong

By Pattie Walsh and Naveen Qureshi LegCo is proposing to introduce paternity leave provisions in the Employment Ordinance (Cap 57) (EO). The government has taken the lead to promote child-bearing and family-friendly practices in Hong Kong, and it currently provides five days’ paid paternity leave at four fifths of average daily wages to all full-time […]

Authorised guarantee agreements: not clearly understood or properly used

By Lisa On-Iam Authorised guarantee agreements (AGAs) have been the subject of much commentary in the last few years — principally because of decisions in Good Harvest Partnership LLP and K/S Victoria Street v House of Fraser (Stores Management) Ltd. The interest generated by those cases is an indication of the complexities and uncertainties surrounding section […]

Injuries in the workplace: an end to strict liability for employers

By Ron Reid The House of Lords has introduced legislation to remove the ‘strict liability’ provisions that mean that companies are automatically liable, regardless of fault, for certain injuries in the workplace. Individuals will now be required to prove negligence on the company’s behalf before being able to pursue a claim. Removing strict liability for […]

Recruitment: avoiding age discrimination pitfalls

By Danielle Ingham Age discrimination is in the news again as high-profile claimants bring cases in the employment tribunal. Employers who discriminate on the basis of age face awards of unlimited compensation. Age discrimination in the employment field has been unlawful since 2006, currently through protections set out in the Equality Act 2010. While age […]

Employment tribunal costs: difficulties of recovery against a losing party

By Simon Fennell Lord Sugar’s recent win in an employment tribunal proved bittersweet when he was unable to recover any of his costs, but his experience is far from unusual. The starting point for litigation in the employment tribunal, unlike other courts, has always been that both parties bear their own costs and the losing party […]

Unfair terms and consumer rights

The government recently published its draft Consumer Rights Bill, which is intended to reform consumer law in the UK and assist the legislature in implementing parts of the Consumer Rights Directive (although the bulk of this will be implemented by secondary legislation). The bill, when introduced, will consolidate a number of existing consumer rights laws […]

LinkedIn and Twitter: whose account is it?

Social media makes it very easy for employees to create a network of individuals with whom they currently work and/or may work in the future. However, the border between the personal and the professional in this context can be a very blurred one, and the question of who owns the contacts on LinkedIn — or […]

OFT guidance on ongoing contracts with consumers

‘Ongoing contracts’ for the purposes of the Office of Fair Trading (OFT) guide are continuing contractual and other arrangements (often long term) between consumer and supplier that involve repeat or regular supplies of goods or services. Examples given include club/scheme membership subscriptions; insurance contracts; banking services and savings products; and supply of utilities. The guide identifies […]

When is a breach repudiatory?

In October 2007, Ampurius and Telford entered into a contract for the development of property on a site in south London. The contract included clauses requiring Telford to ensure the work was carried out with ‘due diligence’ and that Telford would use ‘reasonable endeavours to procure’ that the work was completed by the target dates […]

The ICO’s Subject Access Code

The Subject Access Code, issued under section 51 of the Data Protection Act 1998 as part of the Information Commissioner’s Office’s (ICO’s) statutory duty to promote good practice, does not have the force of law and enforcement action will not be taken against organisations that do not apply the code. However, compliance with the code should ensure […]