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Branded Copaxone - to stay in the UK for few more years?
- Shepherd & Wedderburn LLP
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- United Kingdom
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- August 15 2012
Section 71 of the Patents Act 1977 allows a court or Comptroller of Patents at the UKIPO (the Comptroller) to grant a declaration that an act or a proposed act does not or will not infringe a patent, provided that the person doing or proposing to do the act has applied in writing to the proprietor for a written acknowledgement for a declaration of noninfringement, furnishing full particulars in writing of such act or proposed act, and the proprietor had refused to give such acknowledgment
Sick leave and holiday entitlement: the case continues
- Shepherd & Wedderburn LLP
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- United Kingdom
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- August 11 2011
Further guidance has been handed down by the EAT in the case of NHS Leeds v Larner in the long-running issue of employees' accrual of holiday entitlement whilst absent on sick leave
Advocate General issues opinion on supplementary protection certifications
- Shepherd & Wedderburn LLP
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- European Union, United Kingdom
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- May 19 2011
Advocate General Mengozzi has given his opinion on the questions referred to the European Court of Justice by the UK courts in April 2009 in relation to Synthon BV v Merz Pharma GmbH
Dismissal as a result of irretrievable breakdown in working relationships
- Shepherd & Wedderburn LLP
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- United Kingdom
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- April 14 2011
The EAT has held, in the case of Ezsias v North Glamorgan NHS Trust, that where the reason for a dismissal is an irretrievable breakdown in working relationships and not the employee's conduct in causing that breakdown, the dismissal will be for "some other substantial reason" rather than misconduct
Dentist's unrestricted right to nominate a substitute denied him worker status
- Shepherd & Wedderburn LLP
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- United Kingdom
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- September 10 2010
In Community Dental Centres Ltd v Sultan-Darmon, the EAT held that where an individual has an unlimited right to appoint a substitute to carry out services on his or her behalf (for any reason and without sanction) this will usually be fatal to the individual successfully claiming that they are a worker
Dismissal decision taken in the absence of employees was fair
- Shepherd & Wedderburn LLP
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- United Kingdom
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- September 10 2010
In Bashir v Sheffield Teaching Hospital NHS Trust, the EAT has held that the claimants' dismissal was fair, notwithstanding that the decision to dismiss had been taken in their absence
NHS trust could not avoid paying sums due under compromise agreement
- Shepherd & Wedderburn LLP
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- United Kingdom
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- July 27 2010
The Court of Appeal in the highly topical case of Gibb v Maidstone & Tunbridge Wells NHS Trust has overturned the High Court's decision and ruled that the Trust's decision to pay Ms Gibb a large termination payment in a compromise agreement was not ultra vires
NHS trust could not avoid paying sums due under compromise agreement
- Shepherd & Wedderburn LLP
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- United Kingdom
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- July 8 2010
The Court of Appeal, in Gibb v Maidstone & Tunbridge Wells NHS Trust, has ruled that a compromise agreement between the Trust and its departing Chief Executive was not beyond the Trust's legal powers and the Chief Executive was entitled to enforce its terms
Damages for breach of contractual disciplinary procedure not limited to notice period
- Shepherd & Wedderburn LLP
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- United Kingdom
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- June 11 2010
The Court of Appeal has held that an employee can, in principle, recover damages for loss of future employment prospects caused by an employer's breach of a contractual disciplinary procedure (Edwards v Chesterfield Royal Hospital NHS Foundation Trust
Court of Appeal grants injunction preventing disciplinary proceedings
- Shepherd & Wedderburn LLP
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- United Kingdom
- -
- May 14 2010
The Court of Appeal has upheld an injunction (interdict) preventing an NHS Trust from taking disciplinary proceedings against a medical practitioner where a previous investigation into her conduct had vindicated her (Mezey v South West London Mental Health NHS Trust
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- Jurisdiction - United Kingdom
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- Workarea - Litigation
- Firm Name - Shepherd & Wedderburn LLP
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