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art
  • Construction
  • 09 May 2016

The reformulated penalty rule

Following the decision in Cavendish Square Holding BV v El Makdessi and ParkingEye Ltd v Beavis when drafting liquidated damages provisions, parties should identify and document the applicable legitimate business interest that necessitates liquidated damages. Parties should then consider whether the remedy for breach is ‘extravagant, exorbitant or unconscionable’.

art
  • Construction
  • 09 May 2016

Measuring the environmental performance of a building through BREEAM

Clauses which deal with BREEAM requirements are commonly used in professional appointments and building contracts. This article summarises what BREEAM is and what parties to a professional appointment or building contract should consider when using BREEAM.

art
  • Privacy and Data Protection
  • 06 May 2016

EU General Data Protection Regulation – The impact on employers

The existing law on data protection within the EU is based on a European directive introduced over 20 years ago. There is no uniform approach to data protection across the EU and significant advances in technology means the current law is out of touch with the modern world.
art
  • Employment
  • 06 May 2016

Restrictive covenants…are they restricting more than just former employees?

As part of its new Innovation Plan, the Government has asked businesses across the UK for their views on whether ‘non compete clauses’ in employment contracts are obstructing the UK’s innovativeness and employment opportunities.

art
  • Employment
  • 06 May 2016

Trade Union Bill receives Royal Assent: A breakdown for employers

The Trade Union Bill received Royal Assent yesterday and has now become the Trade Union Act! Its passage through parliament was a turbulent one with the Bill receiving significant criticism from opposing MPs and Peers. As a result, the Government was forced to make a number of concessions. One of these concessions was to abandon proposals to abolish the check-off system (the practice of collecting union subscriptions via employees’ pay). The check-off system has survived with the compromise being that the administrative and financial burden of the check off system will belong to the unions.
art
  • Privacy and Data Protection
  • 05 May 2016

The Internet of Things arising from Smart Buildings

The Internet of Things (‘IoT’) is not a particularly novel concept: the idea that everyday items be connected to the internet and be enabled to send and receive data is something which has been in development for a while. More and more ‘uses’ for this type of technology are being developed.
art
  • Litigation and dispute resolution
  • 02 May 2016

Does an indemnity for costs in a commercial contract mean anything?

Many commercial agreements contain clauses stating that one party is required to indemnify the other part for legal costs in the event of a breach of contract.
art
  • Employment
  • 29 April 2016

Wanted: Practicability and precision for re-engagement orders

The recent case of Lincolnshire County Council v Lupton has highlighted the need for Tribunals to consider the practical implications of re-engagement and ensure that any terms of re-engagement are expressed with a suitable degree of detail and precision.
art
  • Employment
  • 29 April 2016

If it’s work-related – it’s not a private matter!

In the recent case of Garamukanwa v Solent NHS Trust an employer was held not to have breached an employee’s right to a private and family life
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