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Regulatory proceedings and property rights: revisited

Herbert Smith Freehills LLP
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United Kingdom
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April 19 2007

The Court of Appeal has reversed the decision of the High Court in R (Malik) v Waltham Forest Primary Care Trust and others 2006 EWHC 487, in which Mr Justice Collins held that a decision by a Primary Care Trust to suspend a doctor from the medical performers list, as part of professional disciplinary processes, was an unjustified interference with the doctor's rights under Article 1 of the First Protocol (the right to peaceful enjoyment of possessions) ("A1P1"

Religious belief does not have to be objective requirement of religion

Herbert Smith Freehills LLP
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United Kingdom
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September 5 2008

Employers should ensure they have convincing justifications for refusing to accommodate genuinely held religious beliefs

Employers may have to permit carryover of statutory holiday lost due to illness

Herbert Smith Freehills LLP
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United Kingdom
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April 29 2010

Both public and private sector employees may be entitled to carry over statutory holiday lost through illness

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

Herbert Smith Freehills LLP
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United Kingdom
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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

TUPE: local authority Two-Tier Code withdrawn; consultation on fair deal

Herbert Smith Freehills LLP
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United Kingdom
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April 5 2011

The government has withdrawn the local authority Two-Tier Code (formally, the Code of Practice on Workforce Matters in Local Authority Service Contracts) from 23 March 2011

Court of Appeal finds that change from RPI to CPI as measure for public sector pension increases was lawful

Herbert Smith Freehills LLP
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United Kingdom
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March 30 2012

The Court of Appeal has held that the Government acted lawfully in deciding to alter the basis upon which public sector pensions are annually increased to take account of inflation by using the Consumer Prices Index ('CPI') rather than the Retail Prices Index ('RPI'

General counsel update

Herbert Smith Freehills LLP
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China, European Union, Germany, Hong Kong, Indonesia, Mongolia, Singapore, United Kingdom, USA
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July 11 2012

This is the thirtieth in our series of general counsel updates which aim to summarise major developments in key areas

Search results

Regulatory proceedings and property rights: revisited

Religious belief does not have to be objective requirement of religion

Employers may have to permit carryover of statutory holiday lost due to illness

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

TUPE: local authority Two-Tier Code withdrawn; consultation on fair deal

Court of Appeal finds that change from RPI to CPI as measure for public sector pension increases was lawful

General counsel update

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