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General counsel update - march 2015

  • Herbert Smith Freehills LLP
  • -
  • Australia, China, European Union, Hong Kong, United Kingdom, USA
  • -
  • March 5 2015

Protecting your investments: further public consultation to be launched on Investment Protection in the USEU Free Trade Agreement

Tort of inducement to breach of contract requires actual knowledge and an intention to interfere

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 23 2007

The House of Lords (HL) has delivered a significant decision on the scope of economic torts and, in particular, the distinction between the tort of procuring a breach of contract and the tort of unlawful interference

UK: state and diplomatic immunity: Court of Appeal rules on employment claims

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 5 2015

The Court of Appeal has held that foreign staff employed at embassies in the UK could bring race discrimination and holiday pay claims; it considered

Red tape day: Equality Act and minimum wage

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 1 2010

Most of the provisions of the Equality Act 2010 come into force today, 1 October

UK: disability discrimination: automatic non-payment of bonus to employees with absence warning was unlawful

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 5 2015

Employers should review bonus or other schemes designed to reward good attendance levels, to assess whether any discriminatory affect against

General counsel update September 2014

  • Herbert Smith Freehills LLP
  • -
  • Australia, China, European Union, Hong Kong, Russia, United Kingdom, USA
  • -
  • September 29 2014

The London Court of International Arbitration (LCIA) Court's new rules come into force on 1 October 2014 and are to apply to any arbitration

UK: review of tribunal fees; prohibition on enforced subject access requests for criminal records; FCAPRA whistleblowing proposals

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 5 2015

The Business Secretary is reported to have launched a review of employment tribunal fees in light of inaction from the Ministry of Justice (see here

Mesothelioma claims to be considered a lost cause for defendants where there has been culpable exposure

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 15 2011

A seven member panel of the Supreme Court has held in Karen Sienkiewicz (Administratix of the Estate of Enid Costello Deceased) v Greif (UK) Limited; Knowsley MBC v Willmore 2011 UKSC 10 that any culpable exposure to asbestos which is not insignificant will be sufficient causation to allow a claim

Fairness in disciplinary proceedings 2 recent cases on Article 6 ECHR

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 26 2011

In this e-bulletin we report on two recent decisions which shed light on the application of the Article 6 right to a fair hearing in regulatory proceedings

Employers may take expired disciplinary warnings into account in some circumstances

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 5 2008

An employer can take into account prior misconduct for which a disciplinary warning has expired when deciding whether to dismiss for similar misconduct, if that misconduct in itself warrants dismissal