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Engineers can't use 'overarching contract' defence to limit liability

The High Court has rejected a claim that a firm of accountants failed in their duty of care and should be held liable for a client’s failed investment. The client, Mr Knights, sought damages from Townsend Harrison Ltd for losses he suffered after the...

The importance of protecting tenants' deposits following the recent decision in Sturgiss -v- Boddy

The recent case of Sturgiss -v- Boddy concerned the impact of the law on commonplace flat shares where the owner does not live at the property but allows others to do so and those others are unrelated to one another. Under this arrangement it is common...

Construction firm awarded £40k in three-in-one payment claim

A construction firm has won its claim for the payment of three outstanding invoices despite the customer arguing that the three payments could not be treated as one single case. The issue arose after Creagh Concrete Products Ltd entered into an oral...

Fostering agency discriminated against gay men and lesbians

The Court of Appeal has upheld a decision that a fostering agency had unlawfully discriminated against gay men and lesbians by requiring carers to refrain from "homosexual behaviour". The case involved Cornerstone (North East) Adoption and...

Tribunal 'wrong to reject menopausal symptoms as a disability'

An employment tribunal had been wrong to hold that an employee's alleged menopausal symptoms did not amount to a disability for the purposes of a discrimination claim. That was the ruling of the Employment Appeal Tribunal (EAT) in a case involving...

Mother dismissed on maternity leave awarded more than £60k

A mother who was dismissed during her maternity leave while the ownership of her company changed hands has won her discrimination claim. Mrs Rodin worked for HR company DMS1 and went on maternity leave in June 2017. During her absence, the company...

Directors didn't breach duties when paying themselves £1.2m

Two directors did not breach their legal duties when they paid themselves a total of £1.2m from their failing company. That was the decision of the High Court in a case involving, Brookmann Home Ltd (In Liquidation). The company had been formed as a...

Court tells Marks & Spencer to trade properly in lease dispute

Marks & Spencer has been told to trade in good faith, and not to carry on business half-heartedly, following a dispute with a landlord over the terms of the lease on one of its stores. The court heard that Marks leased a unit within a shopping mall from...

Judge's decision to limit mother's allegations of domestic abuse set aside

The High Court has ruled that a judge's decision to limit a mother’s allegations of domestic abuse in a children act case was wrong and should be set aside, saying that "The allegations beyond those in the Scott Schedule were not either...

Director fails to get injunction that would disrupt company business

A businessman has failed to get an injunction that would have prevented his company filing accounts and holding board meetings. He also failed to establish that a board room colleague had not been validly appointed as a director. The company involved, which...
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