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Latest Legal News
Court gives guidance on 'reasonable' attempts to negotiate or mediate in disputes
Parties to legal disputes will welcome guidance from the Court of Appeal on their expected conduct during attempts to negotiate settlement and their approach to mediation, to avoid costs penalties in subsequent court proceedings. A landlord blocked up an internal door leading to a swimming pool, failed to maintain the gym, and replaced a communal jacuzzi with a sauna...
Identical wording can have different meaning in different trade mark applications
Businesses applying to register a trade mark must ensure they specify the list of goods or services to be covered by it properly in their application. This must take into account that trade mark registries in different countries may interpret identical wording differently, otherwise they risk their mark not covering the goods and services they want...
Contractor liable for fall in property value during his delay
Contractors causing delays in projects in breach of contract can be liable for consequential losses such as those caused by falls in property values, the Court of Appeal has ruled. An engineering firm caused a delay of 15 months in a property development project because it failed to deal with a planning issue properly...
Guidance published on employees' religion or beliefs in the workplace
Employers will welcome guidance from the Equality & Human Rights Commission (EHRC) on religion and beliefs. The guidance deals with how employees may express their religion and beliefs in the workplace, including the right to wear religious symbols at work, following several complex court rulings...
Computer program languages not copyright-protected, says High Court
Businesses writing software should note a High Court preliminary view that computer program languages cannot be protected under copyright law. A long-running and complex dispute about copyright protection for computer software involved two companies. World Programming Limited (WPL) wrote software that emulated the functionality of existing software written by another business, SAS...
A rival's similar product design can still be valid
A competitor's product design that is very similar to that registered by another business may still create a different overall impression for an informed user, meaning the competitor's design is validly registered. In a recent case, two manufacturers of radiators registered Community Designs for their respective products at OHIM (the European equivalent of the UK's Intellectual Property Office)...
Inheritance tax changes to benefit mixed domicile spouses and civil partners
UK domiciled individuals with non-UK domiciled spouses or civil partners will welcome changes to the inheritance tax (IHT) regime from 6 April 2013. The changes could reduce potential IHT liability on transfers to their spouses or civil partners, whether during their lifetime or on death...
New small donations gift aid scheme to benefit charities
Charities and community amateur sports clubs (CASCs) look set to benefit from a new Gift Aid Small Donations (GASD) scheme later in 2013. Under the GASD scheme, some charities and CASCs can claim a top-up payment on a total of £5,000 per year of small cash donations or ten times the gift aid donations amount, whichever is lower...
Lower severance payment for younger employee objectively justified
An employer has objectively justified paying a younger worker less severance pay than older workers on redundancy because of the proportionately greater problems for older workers in getting a new job. A 26-year old civil servant accepted voluntary redundancy and received severance pay of almost £11k...
Unmarried couples have no automatic right to each other's property
In the absence of clear agreement about the proportions in which they share interests in family homes and businesses, unmarried couples in England and Wales who separate rarely have a legal claim to assets registered in each other's name. An unmarried couple's 30-year relationship broke down...
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- Businesses beware as court implies duty of good faith into commercial contract >
- Employers should avoid discussing an employee's age and retirement unless circumstances justify it >
- Promises made during negotiations but not in final contract can still be enforceable >
- Residential landlord recovers majority of costs despite failure to consult over works >
- Guidance given on when employees can use secret recordings in employment claims >
- Employer can use using recruitment criteria when selecting for redundancy >
- Different policies can be applied to different employees to avoid discrimination >
- Have your say: restrictions on company and trading names >
- Businesses should check they comply with discrimination laws on access to their goods and services >
- Implied agency means sub-licence can survive termination of head licence >
- More Latest Legal News >