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Dismissals United Kingdom

Dechert LLP

Upper Tribunal Affirms FTT Bluecrest Decision on LLP Salaried Member Rules

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Asset managers established as LLPs will welcome the Upper Tribunal’s recent decision to uphold the decision of the First Tier Tax Tribunal (“FTT”) on the application of the salaried member rules in Bluecrest...more

BCLP

UK HR Two-Minute Monthly: August 2023

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Our August update includes cases on the (discriminatory) harassment of a gender critical employee, a case in which a dismissing officer was not present at a dismissal meeting, and a case where a tribunal reached the unusual...more

White & Case LLP

Tinkler v Esken Limited: was Mr. Tinkler swindled? Court of Appeal dismisses application to set aside a judgment alleged to be...

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A challenge to a Court judgment on grounds of fraud brings into conflict two fundamental principles of English law: (i) the finality of judgments; and (ii) the principle that fraud unravels all. Given the importance of the...more

Conyers

Sun Vessel Global Limited v HQ Aviation Limited and Great Lakes Insurance (UK) SE

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Sun Vessel Global Limited (Appellant) v (1) HQ Aviation Limited, (2) Great Lakes Insurance (UK) SE (Respondents) Judgment given on 9 January 2023 - Section 404 of the BVI Merchant Shipping Act, 2001- Pre-Judgment...more

Latham & Watkins LLP

High Court Strikes Out “Largest White Elephant in the History of Group Actions”

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A class action by 202,600 claimants arising from the collapse of the Fundão dam in Brazil was struck out as abuse of process. Background - In Município De Mariana & Ors v. BHP Group Plc & Anor (Rev 1), the largest group...more

BCLP

“As you were”: challenge to new Use Classes Order and permitted development rights defeated in the Courts

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On Tuesday 17th November the High Court dismissed legal challenges to the Government’s most recent amendments to the Use Classes Order and General Permitted Development Order. ...more

BCLP

Bound by prior admissions: Court of Appeal upholds the CAT’s abuse of process judgment against Truck Cartelists

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The Court of Appeal has strongly dismissed an appeal against the Competition Appeal Tribunal’s (“CAT’s”) decision that it would be an abuse of process for certain truck manufacturers to seek to challenge the facts recorded in...more

White & Case LLP

Court of Appeal confirms no liability for UK mining company in relation to human rights abuses in Sierra Leone

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The Court of Appeal's recent decision in Kadie Kalma & Ors v African Minerals Ltd stands as a stark reminder of the risks and responsibilities companies bear when operating in sectors and jurisdictions with a high risk of...more

White & Case LLP

US v. Hoskins: FCPA Guilty Verdict Overturned as Court Gives Definition to the Term "Agent"

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In November 2019, we reported that a jury found Lawrence Hoskins, a senior executive at a French company, guilty of Foreign Corrupt Practices Act ("FCPA") violations. Two years earlier, the District Court granted dismissal of...more

Littler

Littler Global Guide - United Kingdom - Q4 2019

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Leaked Legal Advice Protected Under Privilege, Court of Appeal Holds - Precedential Decision by Judiciary or Regulatory Agency - On October 22, 2019, the UK Court of Appeal held that a leaked email, in which in-house...more

White & Case LLP

UK Supreme Court upholds first successful claim for breach of the "Quincecare" duty financial institutions owe their customers

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In Singularis Holdings Ltd (In Official Liquidation) v Daiwa Capital Markets Europe Ltd ([2019] UKSC 50), the Supreme Court upheld the first successful claim in negligence by a customer of a financial institution for breach...more

Latham & Watkins LLP

UK Supreme Court Upholds First Successful Claim for Breach of Quincecare Duty

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In a leading case, the Court examined the extent of the duty of care that a bank owes to its customers when executing their orders. On 30 October 2019, the UK Supreme Court dismissed Daiwa’s appeal in the case of...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l August 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - Illinois Adds Sesame to Allergen-Labeling Regulations - Illinois has passed a law requiring businesses to indicate on food labels whether a product contains sesame. The amended law...more

White & Case LLP

The meaning of "serious harm": the Supreme Court in Lachaux v Independent Print

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The increasing accessibility of digital media has enabled businesses to become not only readers, but also publishers of their own information and opinions. This in turn requires due consideration of the limits of what can,...more

BCLP

HR Two Minute Monthly: positive discrimination; suspending employees; maternity leave

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Our April update covers recent developments in employment law, including cases on lawful grounds for suspending employees, communicating with women on maternity leave and a novel case on the limits of lawful positive...more

White & Case LLP

When Do Defects Prevent Practical Completion?

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Practical completion represents the physical completion of works on construction projects. Despite its importance, it is not a legal term of art, and whether or not practical completion has been achieved requires...more

White & Case LLP

The CMA Remicade decision: discount schemes and abuse of dominance – effects matter!

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On 14 March 2019, the UK Competition and Markets Authority (CMA) decided to close its investigation into a discount scheme by Merck Sharp & Dohme Limited (MSD). The CMA concluded that there were no grounds for it to take...more

Littler

UK: From Alcoholism to Exhibitionism—When the Law Says a Condition is Not a Disability

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Although many HR professionals in the United Kingdom who deal with disability discrimination issues are all too familiar with the legal definition of a “disability” in the Equality Act 2010, many are unaware of the various...more

Orrick - Employment Law and Litigation

Frankfurt’s Brexit Pitch – Banks in Germany Will Soon be Able to Fire Top Bankers More Easily

Undoubtedly driven by an interest in drawing UK-based banks to Frankfurt and becoming an EU hub for US banks post-Brexit, the German government recently picked up a proposal to relax dismissal protection for high-earning...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | August 2018 #3

LEGISLATION, REGULATIONS & STANDARDS - ASA Upholds Complaints Against Ads Targeting Children - The U.K. Advertising Standards Authority (ASA) has upheld the Obesity Health Alliance’s complaints against advertisements...more

Hogan Lovells

Update on the responsibility to respect human rights and parent company liability: what the Court of Appeal’s judgment in Okpabi...

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In the last four months, the Court of Appeal has handed down judgment in two important cases relating to parent company liability and jurisdiction over extra-territorial human rights impacts. ...more

Hogan Lovells

Employment News - September 2017 #3

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Let's talk about it – changing terms and redundancy consultation - In Socha v Szpital Specjalistyczny im A. Falkiewicza, the CJEU confirms that the duty to inform and consult applies where employees are dismissed for...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - May 2017

In this edition of our Privacy and Cybersecurity Update, we take a look at the Trump administration's executive order outlining its cybersecurity plans, Acting FTC Chairwoman Maureen Ohlhausen's comments on the possible...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | May 2017

Senators Call For Removal of Dioxane from Cosmetic Products - U.S. Sens. Chuck Schumer (DN. Y.) and Kirsten Gillibrand (DN. Y.) have petitioned the Food and Drug Administration to prohibit detectable levels of 1,4dioxane...more

McDermott Will & Emery

Compensation Limits on Employment Tribunal Awards

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The compensation limits on Employment Tribunal awards and certain other amounts payable under UK employment legislation will increase as of 6 April 2017. This alert sets out the changes in full and highlights important...more

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