Health & Safety

This tragic case involving a healthcare company charged with breaching health & safety legislation after the death of a young patient in its care, may have been the “first prosecution of its kind”. Most health & safety prosecutions involve injured workers – usually employees – but this case serves as a reminder that an organisation’s… Read more »

Dispute Resolution

The judgment of the English and Welsh Court of Appeal in BTI 2014 LLC v Sequana SA & Ors highlights the importance of company directors’ duty to have regard to creditors’ interests. This duty arises when they knew, or should have known, that the company was or was likely to become insolvent. Background The initial… Read more »

Charity

There has been a great deal of activity in the Scottish charity sphere these past months with new investment guidance launched as well as the Scottish third sector governance code. The most recent announcement is the Scottish Government’s ‘Consultation on Scottish Charity law’ (the Consultation) which poses some important questions with a view to “…maintain… Read more »

IP & Technology

The Government has set out the changes to the law it plans to make in response to the drone related disruption at Gatwick last December. Today’s announcement takes the form of two distinct proposals: Firstly, the Government has laid before Parliament amendments to the Air Navigation Order 2016 (ANO) to broaden the restricted zones around… Read more »

Health & Safety

With the weather getting a bit better and people starting to think about outdoor activities again, this guidance from the HSE gives practical tips on how to safely set up and use bouncy castles. There was a high profile prosecution in 2018 following the death of a 7 year old Summer Grant in 2016 when… Read more »

Employment

In the latest development concerning employment status and the rights of those working in the ‘gig economy’, courier giant Hermes has reached agreement with the GMB Union to offer its couriers the option of being classified as ‘self-employed plus’. ‘Self-employed plus’ entitlements In what the GMB describes as a ‘ground-breaking agreement’, couriers who choose to… Read more »

Employment

Yes, confirmed the Court of Appeal in the case of Asda Stores Ltd v Brierley and others. The legislation In terms of the Equality Act 2010, to bring an equal pay claim an individual must be able to identify a more highly paid comparator of the opposite sex performing equal work at either: The same… Read more »

Public Law

A protective expenses order (PEO) is an order which regulates the scope of a party’s liability in expenses in certain types of environmental litigation. The purpose of a PEO is to redress the potential imbalance of financial resources between parties in relation to funding litigation. PEOs are available in certain types of environmental appeals and… Read more »