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Lewis Silkin | United Kingdom | 8 May 2019

High Court construes TUPE indemnity

The High Court recently considered whether a Transfer of Undertakings (Protection of Employment) (TUPE) indemnity for employment payments which fell due before the transfer date included sums whose payment dates had not yet crystallised. The case serves as a warning to practitioners when drafting TUPE provisions (eg, in asset purchase or outsourcing agreements).
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RPC | United Kingdom | 19 Feb 2019

Is a 'good arguable case' good enough? Court of Appeal considers test for establishing jurisdiction

A recent Court of Appeal decision has confirmed that the test for deciding whether a claimant has a good arguable case is relative. Where a court lacks the evidence to decide which party has the better argument, a more flexible approach should be adopted. In circumstances where the evidence is thin, it is not all relative and claimants are required only to demonstrate a plausible evidential......
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