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Latest Legal News


Businesses beware as court implies duty of good faith into commercial contract
Businesses entering into commercial contracts should consider whether terms, such as a duty to act in good faith, might unexpectedly be implied into them later because the parties shared an expectation that certain values and norms would apply. A distributor was granted the right to sell a supplier's perfume in certain countries...

Employers should avoid discussing an employee's age and retirement unless circumstances justify it
Discussions and comments at work about an employee's age and possible retirement can be non-discriminatory, but only if circumstances justify them. A possible merger of four primary schools meant staff, including a 59-year-old head, might have to be redeployed or retire...

Promises made during negotiations but not in final contract can still be enforceable
Promises or representations made by a party during contract negotiations could be enforced by the other, even if they are not repeated in or contradicted by the eventual contract. Two successful financial advisers joined a firm as self-employed advisers. In the contract negotiations the firm said it would pay them compensation of around £240,000 for bringing their clients to the new firm, and for future commissions from those clients that they lost by doing so...

Residential landlord recovers majority of costs despite failure to consult over works
A residential landlord who failed in his duty to consult before carrying out works did not automatically lose the right to recover the whole costs of those works from its tenants because of the failure. He was required to compensate them only to the extent they had been prejudiced by the failure...

Guidance given on when employees can use secret recordings in employment claims
Employers will benefit from guidance on when employees can rely on secret recordings of conversations with co-workers and their employer in employment law claims. An employee secretly recorded 39 hours of conversations and meetings with managers and co-workers on a dictaphone...

Employer can use using recruitment criteria when selecting for redundancy
An employer's use of new employee recruitment criteria to assess competency when selecting for redundancy has been upheld as within the range of reasonable options for an employer. However, the Employment Appeal Tribunal (EAT) expressed some reservation. An employer selected staff for redundancy using a range of criteria including competency...

Different policies can be applied to different employees to avoid discrimination
An employment policy may be objectively justified and not, therefore, discriminatory for staff in one age group but not in another. Employers may be able to avoid claims by the second group by applying a different policy to them which doesn't discriminate against them...

Have your say: restrictions on company and trading names
Businesses and others are invited to give their views on whether the rules regulating limited company, limited liability partnership, and trading or business names are still required, or need changing. Company law restricts the use of certain words and phrases in limited company, limited liability partnership and business/trading names, either absolutely or unless permission has been given either by Companies House or a body named in the relevant rules...

Businesses should check they comply with discrimination laws on access to their goods and services
A restaurant whose staff manhandled a customer in a wheelchair has been ordered to pay thousands of pounds for disability discrimination and for its failure to make 'reasonable adjustments' so as not to disadvantage disabled customers. A disabled customer had called a restaurant to check it had wheelchair access...

Implied agency means sub-licence can survive termination of head licence
A business granting a licence allowing the licensee to sub-license to someone else should ensure the licence document includes terms that avoid an agency relationship later being implied between the licensor and licensee. Company A granted an informal copyright licence to its subsidiary Company B...


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