News, articles & legal updates

Latest news and legal updates

Europe Says Yes to Disability Discrimination by Association

On 17 July 2008, the European Court of Justice published its landmark decision in the case of Coleman –v- Attridge Law which has ruled that the Equal Treatment Framework Directive (“the European Directive”) prohibits disability discrimination by association. In practice this means that an employer may face a claim for...

Read more

Retail development bill

Unusually for a private members bill, this instrument is making rapid progress through the parliamentary process. It was introduced into the House of Lords on 22 January 2008 and proved so uncontentious that it was passed to the Commons on 8 July. Debate was minimal and there were no proposed...

Read more

Extension of Flexible Working Rights

The right to request flexible working will be extended to parents with children up to the age of 16, following an announcement by the Government. Currently, the right is only available to parents of: children up to the age of 6, disabled child up to the age of 18 and...

Read more

Garden Leave Clause implied even though no express contractual provision

Employers will be pleased to note the judgment in the case of SG&R Valuation Services Company –v- Bourdais and others, where it was found that the employer could impose garden leave on two directors during their notice period, despite there being no express provision in the contract. Facts SG&R employed...

Read more

Government regulators failed Equitable Life policyholders for over a decade

In a damning report to be laid before MPs today, the Parliamentary Ombudsman has slammed financial regulators for their serial failure in the financial regulation of Equitable Life for over a decade. This is quite justified according to Robert Morfee and Paul Chapman, the Clarke Willmott partners who have been...

Read more

NEWCOB and MiFID

1 November 2007 promises to be a big day for the financial services industry. We will finally see the practical implementation of the European Markets in Financial Instruments Directive (MiFID) and we will also see the FSA take another step on the road to a more principles-based regime by replacing...

Read more

Government investigation of offshore accounts

H M Revenue & Customs (HMRC) last month won a landmark ruling allowing them to obtain details of offshore accounts held by customers of a leading financial institution, thought to be a well-known high street bank. The ruling, by the Special Commissioner ( an independent arbitrator who hear and determine...

Read more

Alternatively secured pensions

We wonder if the Financial Services Authority is aware of the outcome of the English Civil War. We always understood that the supposed divine right of the Crown to raise taxes was finally consigned to the dustbin of history by the executioner’s fatal stroke on that cold January morning in...

Read more

The new construction industry tax deduction scheme

It has been a busy year for the construction industry with generally excellent order books and good profit figures. However, the colder winds blowing through the global (and possibly UK) economy are unlikely to leave the construction industry unscathed. If the road ahead does become more rocky it becomes even...

Read more

Contractual remedies for breach – the new test of enforceability

It is not uncommon for parties to a contract to include a provision entitling the innocent party to a remedy, payment or otherwise, in the event of a breach of contract.   These are known as liquidated damages clauses. A clause which amounts to a penalty will be unenforceable. Having a...

Read more