12/14/2021
Ireland Update: Clarity and Change for Whistleblowing
The employer also denied that the employee’s dismissal was due to the communication.
Court Cases
12/10/2021
Consumer groups can launch GDPR claims, says EU advocate general
The case was referred to the CJEU after a German court questioned whether it could try the case, since EU data protection authorities enforce GDPR rules.
12/09/2021
Former Irish rugby player in court over alleged theft of almost €600,000
He was accused of 15 offences between 2011 and 2013 and made no reply when charged.
12/08/2021
Withers public international law team comments on the oral argument heard by United States Supreme Court in Dobbs v. Jackson Women's Health Organization
If the Court were to overturn Roe and Casey, more than half of US states are poised to substantially restrict abortion access within their borders.
12/08/2021
Court of Appeal copyright dispute ‘might never have arisen’ if parties had sought legal advice
He also said that although he had finalised VFC while employed at MD5, it fell outside the scope of his contractual duties and he had done most of the work at home using his own computer equipment.
12/06/2021
Court of Appeal backs RBS and NatWest Group in PPI claims case
In a unanimous decision on Friday, the Court of Appeal ruled that potential claimants had six years from the end of the PPI policy in their credit card agreement in which to make a claim.
12/03/2021
Supreme Court of Canada pronounces on application of Luxembourg/Canada Treaty
The profit was not taxable in Luxembourg and Alta Lux argued that Canada did not have the right to tax the profit due to the provisions under the Treaty.
12/01/2021
Administrators Can be Liable for Criminal Charges for Breaching Employment Law
The penalty is now an unlimited fine, although in Mr Palmer's case it would be a maximum fine of £5,000 because the alleged offence was committed before 13 March 2015.
12/01/2021
Recent decisions in the highest courts in the UK and the Cayman Islands involving insolvent claimants
Recent decisions of the UK Supreme Court and Judicial Committee of the Privy Council have sought to clarify and restrict the application of what was previously known as the reflective loss rule.
11/30/2021
Judgment handed down by High Court in first UK mid-market restructuring plan
Amicus Finance case establishes balance between realistic scrutiny of plans and fair outcome for creditors.
11/26/2021
Equitable set-off lands in Jersey
The first question was whether Jersey law even recognised the doctrine of equitable set-off.
11/25/2021
2 former government officials appear before Seychelles' Supreme Court in missing $50 million case
The case was brought to court by the Anti-Corruption Commission of Seychelles (ACCS).
11/25/2021
Divorce & the family business: The lessons that can be learnt from The Archers
Fans have flocked to social media to express sympathy, outrage and sadness at the unfolding events, most recently climaxing in the announcement that Alice and Chris Carter would divorce.
11/23/2021
Courts give pointers on liability and mitigation clauses in SPAs
he court said that while the clause did impose a duty to mitigate, it did not impose a 'best endeavours' level of effort.
11/18/2021
Rule Against Perpetuities: Supreme Court Guidance
The co-trustees of the A Settlement sought to abolish the rule against perpetuities insofar as it applied to that settlement to provide the trustees with additional flexibility in their administration of the settlementand to enable the trustees to continu
11/16/2021
High court Rectifies pension increase provisions in Mitchells & Butlers Pension Plan
In another aspect of the case, Mr Justice Trower declared that the amendments by which the pension increase provisions were introduced should be set aside.
11/12/2021
Wrongdoing by directors cannot be attributed to their company, Supreme Court rules
The court rejected the CPS’s argument that the company was debarred from claiming the assets on the grounds that this involved seeking to profit from the proceeds of crime.
11/12/2021
Failure to comply with pre-arbitration requirement to mediate a matter of admissibility, not jurisdiction
It held that the basis of challenge was a question of admissibility to be determined by the arbitrator, not an issue of jurisdiction falling within section 67.
11/12/2021
The Eastern Caribbean Court of Appeal continues protection for Nam Tai shareholders
The Court of Appeal has not yet handed down its reasons for dismissing the applications for a stay of the 30 November meeting or for the change of the record date for that meeting.
11/11/2021
UK: Lloyd v Google – Game over for privacy class actions?
Together with the decisions in Rolfe and Warren (discussed below), it is likely significantly to curb some of the momentum that had been building around potential scope for opt-out claims in data breach cases.