Oil Tanker Freed from Anchor as High Court Breaks Commercial Deadlock

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The high seas may be wild and uncontrollable, but they are not lawless. In one case that proved the point, the High Court broke a commercial impasse that had left an oil tanker drifting at anchor thousands of miles from her home port for almost a year. The owners of the vessel claimed to be […]

11/09/2017 by MrFinch

The Global Economy Demands Consistent Judicial Decision Making

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A global economy requires global consistency in legal decision-making and English judges are very reluctant to go behind the rulings of foreign courts – however much they may disagree with them. In one such case, the High Court refused to order enforcement of an arbitration award that had been overturned by a Russian judge. The […]

09/09/2017 by MrFinch

Agency That Failed to Pay the National Minimum Wage Hit Hard In Pocket

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Paying the National Minimum Wage (NMW) is a strict legal requirement and employers that fail to do so can be hit with punitive penalties. In one case, an employment agency that laid on thousands of underpaid workers at a warehouse received a six-figure fine. Following an investigation by HM Revenue and Customs (HMRC), it emerged […]

08/09/2017 by MrFinch

Pestered by Unsolicited Marketing Calls – Your Complaints Will Be Heard!

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Unsolicited marketing calls are an often unwelcome feature of modern life. However, as one telephone sales company discovered to its cost, public complaints do not go unheard and those who abuse data protection rules can be brought to book. The company, which ironically offered to supply devices that were designed to stop unwanted calls, estimated […]

05/09/2017 by MrFinch

High Court Underlines Importance of Consistent Ministerial Decision-Making

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Government ministers cannot be expected to know everything that civil servants are doing in their name. However, as one High Court ruling emphasised, it is vitally important that decisions that bear their signatures are reasonably consistent. The case concerned a planning permission that had been granted for 50 new homes in a rural village. The […]

31/08/2017 by MrFinch

Evidence Overkill Incurs Judge’s Wrath

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The general rule with regard to legal costs in litigation is that the winner’s legal fees are paid by the loser. However, in a recent case a judge who thought that a firm had gone too far by producing 2,000 pages of ‘largely irrelevant’ evidence produced a scathing commentary, including the comment that ‘the practices […]

12/08/2017 by MrFinch

Interpreting Contracts – What Matters Is the Parties’ Intentions

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Some contracts are better drafted than others, but the courts are always keen to give effect to the intentions of the parties and are equally reluctant to find that provisions are void for uncertainty. Those points were clearly made in a case concerning a subcontract to install a new airport baggage handling facility. A contractor […]

08/08/2017 by MrFinch

EMPLOYMENT TRIBUNAL FEES SHOCK!

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You will inevitably have heard by now that the Supreme Court today ended 4 years of legal challenge by Unison when it declared the requirement, introduced in 2013, for a claimant to pay a fee before commencing tribunal proceedings, was in fact, as Unison has always maintained, illegal. Given Unison had failed at the High […]

27/07/2017 by MrFinch

Whistleblowers offered £100,000 in cartel crackdown

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Whistleblowers are being offered up to £100,000 in a crackdown on cartels, launched today by the Competition and Markets Authority (CMA). An advertising campaign Cracking Down on Cartels will encourage people who have witnessed illegal activity such as price-fixing or bid-rigging to report it, by offering a reward of up to £100,000 as well as […]

20/03/2017 by MrFinch

Half of construction workers lose sleep due to work-related stress

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Almost half of construction workers lose sleep over their job with budget concerns, workload and client demands cited as the biggest worries, new research reveals. According to a poll by safety barrier manufacturer, A-SAFE, 48 per cent of building, construction and architecture workers are kept awake as a result of workplace stress with some losing […]

20/03/2017 by MrFinch