The suggestion that ports are public bodies may seem a little strange. By far the greater majority are now private entities being either trust ports or private limited companies. But the position may not be quite as clear cut as it first looks. ...
Guru Update – Mitchell – where we have all been getting it wrong! The Court of Appeal on Friday afternoon, handed down judgment in a series of appeals arising out of applications for Relief from sanctions, Denton & Ors v TH Whit...
China’s Ministry of Commerce (“MOFCOM”) has refused approval for the proposed P3 joint venture between shipping companies Maersk Line, Mediterranean Shipping Company (“MSC”) and CMA CGM (“the Companies”). &n...
Introduction In the recent case of Trafigura v Navigazone Montanari, the Commercial Court was asked to decide whether, on its true construction, an amended Trafigura In-Transit Loss clause (the “ITL Clause”) (as inserted into a Bee...
The English High Court, in the recent case Kairos Shipping Limited v. Enka & Co LLC & Others (Atlantic Confidence) [2013] EWHC 1904 (Comm), considered whether or not a tonnage limitation fund may be constituted by provision of a P&I club...
The Government has now responded fully to the 290 recommendations made by the Francis Inquiry earlier in the year. Since the publication of the report in February of this year, members of our team who acted as a part of the team acting as Solicitors...
On 28 May 2009 the Solicitors Regulation Authority announced to the legal profession that 11,000 law firms throughout England and Wales would receive warning cards alerting them to potential fraudulent activity. 130,000 of these warning cards have n...
Currently CPR 55.10 provides that where a mortgagee seeks possession of land which consists of or includes residential property the claimant must send a notice to the property addressed to 'the occupiers' within 5 days of receiving notification of t...
The Citizens Advice Bureau has recently published a report highlighting concerns about the increasing use of charging orders in particular as well as enforcement in general and bankruptcy A charging order is a way of securing a judgment debt o...
Over the past decade various attempts have been made to ensure civil litigation and "access to justice" are affordable to all. Indeed when the Woolf reforms were introduced over ten years ago one fundamental tenet of these reforms was to make the co...
LSG Litigation regularly deal with cases involving mortgage fraud. The key to combating mortgage fraud is early detection, comprehensive and vigorous investigation and immediate recovery action. A Case Study In October 2008, we were instructed to...
In 2008 the German Bundestag has passed the so-called "Risikobegrenzungsgesetz" (Risk Limitation Act) which aims to countervail risks involved with financial investments in general and certain investment practices in particular. The amendments aim e...
A prevalent issue currently being raised by Defendant solicitors in relation to professional negligence lender claims is securitisation. The question being asked on a regular basis is whether mortgages have been securitised. The question following t...
The mortgage pre-action protocol (MPAP) has been in force for a little over six months, long enough for the courts' approach to settle down and for patterns to emerge. This article looks at our experiences. The good news is that MPAP compliance has...
Welcome to our March UK labour law quarterly update. This edition contains the following content: Lessons learnt Chocks away: Despite the rarity of recent employer injunctions to stop strikes, one such injunction averted flight disruption over Chris...
The highly anticipated new National Minimum Wage Act No. 9 of 2018 (“NMWA”) came into operation on 1 January 2019. It is important to note that section 17(4) of the NMWA, which provides that the application of the new minimum wage applie...
Welcome to our December UK labour law quarterly update. This edition contains the following content: UK labour law news Responding to walkouts by gig workers and contractors Central Arbitration Committee annual report records drop in recognition ap...
Employers are being urged to do more to look after the mental health of their workforce with the publication today of the outcome of the Stevenson/Farmer review of mental health and employers. Estimating that poor mental health costs employers betwe...
Court of Appeal upholds single collective bargaining unit for only 1.2% of employees in an otherwise non-unionised employer In a significant development for employers, particularly those without recognised trade unions and those with dispersed busin...
Welcome to our March UK labour law quarterly update. This edition contains the following content: UK labour law news Trade Union Act changes to industrial action law: now in force Public sector facility time reporting in force from 1 April 2017 Pub...
The European guide to strikes and other industrial action has been created by Eversheds Sutherland to provide you with a quickand easy reference when responding to threats of industrial action in 15 European countries. Click here to download the pub...
Welcome to our December UK labour law quarterly update. This edition contains the following content: UK labour law news Trade Union Act implementation: new regulations and Codes of Practice The gig economy: ‘self-employed’ seek trade un...
Welcome to our September UK labour law update. This edition contains the following content:UK labour law news• The Trade Union Bill• Trade union about-turn on the EU referendum• Industrial action: recent ...
The labour broker industry faces great pressure to comply with the changes to the Labour Relations Act 66 of 1995, as amended, (“LRA”) read with amendments giving effect to the ‘equal pay for work of equal value’ principle in...
Welcome to our March UK labour law update. This edition contains the following content: UK labour law news BIS pushes ahead with new trade union membership assurance scheme. Unite contemplates acting outside the law. Bookings being taken for Ever...
Welcome to our December UK labour law update. This edition contains the following content:UK labour law news Working time reform more likely Politics, next year’s General Election and labour law – an unhealthy mix? UK labour cas...
Welcome to our UK labour law update. This edition contains the following content:UK labour law news • Government independent review of industrial disputes• An update on labour law and the European Court of Human RightsUK labour case l...
EU appears open-minded about pay between assignment contracts Having inherited the Agency Workers Regulations 2010 on taking office, the UK Government had p...
Welcome to our June UK labour law update. This edition contains the following content: UK labour law news Trade union membership rises to 6.5 million reversing recent falling trends PCS and TSSA unions move closer towards mergers with Unite ...
Welcome to our quarterly labour law update. This edition contains the following content: News Strike days surged in 2011: a one-off or a new trend? Woolworths claim puts the spotlight on "establishment" for redundancy purposes Calls for collect...
Welcome to our quarterly labour law update. This edition contains the following content: News Acas sees rising demand for conciliation in disputes CAC reports drop in statutory recognition applications New ways of trade union organising Order ...
Welcome to our quarterly labour law update. This edition contains the following content: News • Public sector strikes: beyond the media outcry • Government announces review of 90 day collective consultation period • E...
There are over 900 European Works Councils (EWCs) providing for pan-European workplace consultation involving cross-border restructuring, mergers and transfers. While employers with EWCs have differing views on their success and relevance to date, l...
The annual report published by BIS on trade union membership has just been published and contains new statistics for 2010. As in previous years, it tracks an ongoing decline in trade union membership levels and, similarly, a fall in the number of em...
Introduction
The law relating to industrial action is complicated and many aspects are unclear, mainly because of conflicting court decisions, complex statutory rules or because of the absence of judicial interpretation. In particular, uncertainty exists over th...
The law relating to industrial action is complicated and many aspects are unclear, mainly because of conflicting court decisions, complex statutory rules or because of the absence of judicial interpretation. In particular, uncertainty exists over th...
Len McCluskey has been elected leader of the UK's biggest trade union, Unite. It was a comfortable victory, polling 101,000 votes ahead of second-placed Jerry Hicks, who had 52,000 votes. However, he is short of an overwhelming endorsement, given an...
Welcome to our quarterly labour law update. This edition contains the following content: News Agency regulations under review by coalition The threat of strikes and the law Unite leadership race Recent UK labour case law Worrall and othe...
Welcome to our quarterly labour law update. This edition contains the following content: News RMT to challenge trade union laws Decline in trade union membership continues Government review of employment law to include European work...
On Monday, the Home Secretary, Theresa May, launched the consultation document for the proposed permanent annual limit on non-EU economic migration. At the same time, details of a temporary limit to operate in the interim period until April 2011 wer...
A growing number of successful injunctions against trade unions to halt strikes is attracting increasing media attention. Arguments will undoubtedly continue about whether such injunctions are undemocratic, or simply reflec...
Welcome to our quarterly labour law update. This edit...
The Government has today implemented new regulations (The Employment Relations Act 1999 (Blacklists) Regulations 2010) to outlaw the compiling and use of trade union blacklists. The regulations also aim to stop trade union...
The Government has responded to the 2009 European Works Council (EWC) Directive by publishing draft implementing Regulations and stating their intention to finalise them in 2010, but delay implementation until 5 June 20...
Welcome to our quarterly labour law update. This edition contains the following content: News A record rise in tribunal protective award claims Gordon Brown makes agency...
Welcome to our quarterly labour law update. This edition contains the following content: News Continuing decline in trade union membership: the latest government statistics New Regulations to be introduced to prevent blacklisting ...
This edition of our quarterly labour law update contains the following content: News UK workers continue to protest over the use of foreign labour Possible increase in statutory redundancy pay Employees t...
Since the 2007 decision of the Reading Employment Tribunal in the case of Hunt v (1) Storm Communications Ltd (2) Wild Card Public Relations Ltd and (3) Brown Brothers Wines (Europe) Limited it has been understood that the provision of professional ...