Articles

Commercial update: Data protection breaches – Employers’ liability

Is common law doctrine of vicarious liability of an employer for its employee’s misuse of private information excluded by the DPA? And secondly, can an employer be vicariously liable for the employee’s acts away from the workplace? Nicole Bollard analyses the Court of Appeals recent decision in W M Morrison Supermarkets plc v Various Claimants [2018] EWCA Civ 2339.

Nicole is a Commercial Law barrister specialising in business disputes and intellectual property.

3PB barrister Gareth Graham analyses the latest employment law cases, covering:
•Harassment – Evans v Xactly Corporation Ltd UKEATPA/0128/18LA
•Whistleblowing: Timis & Sage v Osipov [2018] EWCA Civ 2321
•Unfair Dismissal: Hawkes v Ausin Group (UK) Ltd UKEAT/0070/18/BA
•Direct Discrimination – Lee v Ashers Baking Company Ltd and others

In other news…
•Employment Tribunal statistics
•Consultation Paper on reforming employment law hearing structures

Commercial update: Professional negligence – Solicitors’ duty to warn of risks incidental to their retainer

When will a solicitor need to give a warning to his client about obvious risks that come to his attention when performing his retainer, but which he has not been formally retained to advise on? Richard Whitehouse analyses the Court of Appeals recent decision in Lyons v. Fox Williams LLP [2018] EWCA Civ 2347.

Richard is a Commercial Law barrister specialising in professional negligence and business disputes.

Commercial update: Commercial negotiations and draft contracts – the formation of a binding contract

When one party pulls out of commercial negotiations before a contract is signed, how does the Court determine if a contract has been formed? Seb Oram analyses the Commercial Court’s recent decision in Rotam Agrochemical Co Ltd v. GAT Microencapsulation GmbH [2018] EWHC 2765 (Comm).

Seb is a Commercial Law barrister specialising in professional negligence and the construction sector.

Protection for solicitors against direct settlement out of costs when acting under a CFA Lite in RTA Protocol cases: an analysis by third six pupil Ikeni Mbako-Allison

3PB barrister Sarah Clarke analyses the latest employment law cases, covering:
• What constitutes ‘information’ in the context of making a protected disclosure? Kilraine v London Borough of Wandsworth [2018] EWCA Civ 1436
• When determining the amount of one’s holiday pay, should regular voluntary overtime be included? In the context of the NHS, should non-guaranteed and voluntary overtime be included? Yes to both, says the EAT: Flowers v East of England Ambulance Trust UKEAT/0235/17/JOJ
• Can a dismissal for a first offence of serious (not gross) misconduct ever be fair? Yes, says the EAT: Quintiles Commercial UK Ltd v Barongo UKEAT/0255/17/JOJ
• Supreme Court has upheld previous decisions that an ostensibly ‘self-employed’ plumber was in fact a ‘worker’: Pimlico Plumbers Ltd v Smith [2018] UKSC 29

Through a glass darkly: reflections on reflective loss

John Jessup considers the recent Court of Appeal decision of Marex Financial Limited [2018] EWCA Civ 1468 which answers the question of whether the rule against reflective loss (which prevents a shareholder bringing an action for loss of value of their shares) applies to unsecured creditors.

Christopher Edwards considers the case of First Tower Trustees Ltd and Intertrustees Limited v CDS (Superstores International) Limited [2018] EWCA Civ 1396 and the role of basis clauses in avoiding liability in contracts.

Lachlan Wilson argues for parents before the Upper Tribunal that a powered wheelchair constitutes special educational provision. This article was first published on Lexis®PSL Local Government on 27 April 2018.

Nicholas Kaplan analyses the decision in Grove Developments v S&T: will Smash and Grab now Crash and Burn?

Commercial update: Unlawful distributions to directors, and limitation

In order for limitation in a claim against a director to be extended under section 21, does he need to have direct control of assets taken from the company? James Davies considers the impact of the Supreme Court’s most recent analysis (Burnden Holdings (UK) Limited v. Fielding [2018] UKSC 14).

Commercial update: Claim notification clauses in SPAs

When notifying a claim under a claim notification clause in a Share Purchase Agreement, what level of detail does the purchaser need to give? Christopher Edwards analyses the Court of Appeal’s most recent consideration of the issue (Teoco UK Ltd v Aircom Jersey 4 Ltd [2018] EWCA Civ 23).