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Court of Appeal rejects challenge to the compensation scheme for former shareholders of Northern Rock
- Herbert Smith Freehills LLP
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- United Kingdom
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- August 24 2009
The Court of Appeal has given judgment in R (SRM Global Master Fund LP) v Commissioners of Her Majesty's Treasury 2009 EWCA Civ 788
Dismissal: intention to terminate must be clear
- Herbert Smith Freehills LLP
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- United Kingdom
- -
- May 6 2009
Employers who decide to end an employee's employment should ensure that decision is clearly communicated to the employee
Holiday during sick leave: House of Lords ruling
- Herbert Smith Freehills LLP
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- United Kingdom
- -
- August 5 2009
The House of Lords' decision concerning holiday rights while off sick was covered in our special 12 June e-bulletin
Pricing freedom at the cost of uncertainty: Court of Appeal sets a higher threshold for "excessive pricing" in Attheraces
- Herbert Smith Freehills LLP
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- United Kingdom
- -
- February 7 2007
On 2 February 2007, the Court of Appeal ("CA") gave judgment in the long-running litigation between Attheraces ("ATR") and the British Horseracing Board ("BHB"
Delhi High Court supports parties' agreement to arbitrate in Singapore
- Herbert Smith Freehills LLP
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- India
- -
- September 2 2009
Appellate courts in India have sometimes been subject to criticism from international arbitration practitioners due to their interventionist approach (often under the guise of supervision) towards arbitration proceedings
Misrepresentation: drafting of pre-employment questionnaire is key
- Herbert Smith Freehills LLP
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- United Kingdom
- -
- August 5 2009
An employer cannot claim for loss caused by an employee's mental illness merely because the employee fails to mention a history of mental illness at the recruitment stage
Equal pay update
- Herbert Smith Freehills LLP
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- United Kingdom
- -
- May 6 2009
Employers cannot get an equal pay tribunal claim thrown out simply because the employee has failed to identify his comparators in the written grievance
Inability to carry out common work activities can be disability
- Herbert Smith Freehills LLP
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- United Kingdom
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- May 6 2009
An employee's inability to carry out a work activity that is common to a range of industries is enough to qualify as disabled
Construction of reinsurances: the House of Lords decision in Lexington v Wasa
- Herbert Smith Freehills LLP
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- United Kingdom
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- July 31 2009
On 30 July 2009, in Lexington Insurance Company v Wasa Insurance Company and Lexington Company v AGF Limited, the House of Lords has handed down opinions overturning the Court of Appeal and finding that an English law facultative proportional reinsurance was not to be construed on a "back to back" basis with an underlying insurance
Employees' rights protected on an offshore outsourcing
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- February 20 2008
For the first time, the UK's Employment Appeal Tribunal (EAT) in the Holis decision has stated that the rights of UK workers may be protected even if the outsourcing provider is outside the EU
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