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Online mediation - would it work for my clients?

Tony Hughes
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I have been very pleasantly surprised at the ease with which it is possible to undertake a difficult civil/commercial mediation online. I thought it would be useful to share the experience of setting up and running an online...

Can I get out of my contract as a result of COVID-19 problems?

Tony Hughes
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The outbreak of coronavirus (COVID-19) has created so many problems for so many businesses that it can be difficult to provide any specific guidance across a wide range of different sectors that will have any lasting impact in a blog such as this. For...

Beware the blue pencil!

Tony Hughes
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The recent Supreme Court case of  Tillman-V-Egon Zehnder [2019] UKSC Number 32  has clarified the correct approach to “severance” in restraint of trade cases. The revised guidelines are helpful to...

How much will I get paid if we didn't agree the price?

Tony Hughes
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Occasionally, we can be tempted to carry out work without having agreed a price. Sometimes it is a lot of work. We do it on trust, hoping and believing that we will get paid. Some recent cases throw this into doubt. Sometimes a court will award nothing. Even if something is payable it may be significantly less than expected.

The moral of these tales? Don’t rely on oral contracts. Make sure the terms are clearly agreed and set out in writing.

Valuing shares in a family business

Tony Hughes
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The recent case of re Dinglis Properties [2019] EWHC 1664 (Ch) is an interesting example of a decision made in respect of an unfair prejudice petition in a family business. The son had a 12% minority shareholding. He was not otherwise involved in the...

Help! When should I be using workplace mediation?

Tony Hughes
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This is the third article in a series dealing with workplace mediation. In the other two I have explored: What is workplace mediation? What’s that all about! Resolving workplace conflict - Bash on or call someone in? Imagine that you are the...

What is a reasonable offer to pay for shares?

Tony Hughes
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... any offer to purchase shares which are made in the context of a threatened unfair prejudice petition needs to be framed carefully. If drafted properly, then it will put the prospective petitioner in an extremely difficult position if he is thinking about refusal.

Resolving workplace conflict - Bash on or call someone in?

Tony Hughes
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Why workplace mediation is more than just good management

I often hear stories of people who say that they have tried mediation in the workplace and that it didn’t work. Further enquiries reveal that whatever process was used it was mediation only in name but not in substance.

What are the key differences?

I list below some of the key differences between workplace mediation over “good management practice.”

Workplace mediation - What's that all about?

Tony Hughes
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As its name suggests, this term refers to the use of mediation to resolve conflict in the workplace. In this, the first of a series of three articles, I will set out what mediation is and how workplace mediation work. In later articles I will deal with the...

NHS Contract Mediation

Tony Hughes
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Help: I need an NHS contract mediator! 1st March 2019 is the day for appointing a mediator for NHS contract negotiations according to the NHS Operational Planning and Contracting Guidance 2019/20 (“the Guidance”). Where will they find them? ...

Dispute Resolution: Five reasons for involving a lawyer early

Tony Hughes
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In a recent Blog I explained why the temptation on the part of a Trusted Adviser to give their client some “common sense” advice rather than recommending that they instruct an experienced lawyer could be a false economy. In this Blog I suggest some other reasons why the early involvement of a lawyer can help to achieve a better outcome.

Negotiating in a spirit of peace and goodwill

Tony Hughes
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As we approach the Christmas break with excitement and anticipation, many of us are aware of a bubbling cauldron of family conflict which could flare up at any time. But this is said to be the season of peace and goodwill; so how well do we deal with...

Dispute Resolution: Using an experienced lawyer will actually save your client money

Tony Hughes
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In the commercial world disputes are common. They can quickly affect the profitability, operation and future of the business. As a trusted adviser to your clients you will often be approached by people who want advice in these situations. Since there is...

When is Someone a De Facto or Shadow Director?

Tony Hughes
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In the case if Smithton Limited v Naggar and Others [2014] EWCA Civ 939 the Court of Appeal was asked to consider a claim against the respondent, Mr Naggar based on an assertion that he was a de facto or shadow director. Background Mr Naggar was a...

Why is mediation so important?

Tony Hughes
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Some simple answers to this question might be to save money; because it gives a better chance of resolving a dispute; and because it can lead to better outcomes for both parties to a conflict. I have offered some answers but many people will not...

Injunction to Inspect Employees Home Computer

Tony Hughes
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In the recent case of Warm Zones v Sophie Thurley [2014] EWHC 988 (QB) the High Court was prepared to grant an injunction requiring the defendant employees to allow their home computers to be inspected by an independent computer expert to see if they had...

Both Sides Lose 'Battle of the Forms'

Tony Hughes
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Many companies spend a lot of money getting their own terms and conditions of business (both for sale and purchase) drafted, but take inadequate steps to make sure that these terms become incorporated into their contracts when dealing with other...

Implied Terms of Honesty and Integrity

Tony Hughes
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In a recent article we commented on the case of Bristol Ground School Limited v Intelligent Data Capture Limited and Others [2014] EWHC 2145 in which the judge applied principles set out in the case of Yam Seng Pte Limited v International Trade...

Cognitive Biases for Mediators and Negotiators

Tony Hughes
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For those working the field of mediation and negotiation, cognitive biases are to be reflected upon regularly and dismissed at our peril. In the following slides I explore the relevance of some of these biases. The intention of these slides is not to be an...

What can negotiators learn from the mediation process?

Tony Hughes
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Good negotiators can learn a number of lessons from the dynamic of the mediation process. How does mediation help? A conflict is often identified as being ready for mediation when the parties themselves are no longer able to find constructive ways...

When is an Unpaid Shareholder/Director also an Employee and a Worker?

Tony Hughes
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In the recent case of Stack v Ajar-Tech the Court of Appeal upheld the decision of an employment tribunal on the facts of this particular case that a shareholder and director who had neither asked for, nor received, any remuneration for the work that he...

The Impact of an Increase in Court Fees

Tony Hughes
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There has been much publicity in the press about the increase in the court fees which came into effect on Monday 9 March. What impact is that likely to have on someone involved in a dispute? What are the Increases? In some cases the court fees have...

Enforcing Garden Leave

Tony Hughes
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In the recent case of Sunrise Brokers LLP v Michael William Rodgers [2014] EWHC 2633 (QB) the High Court granted a declaration to the claimant employer that the defendant remained in its employment, and therefore subject to restrictive covenants, for the...

Recoverability of Costs in Litigation

Tony Hughes
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The Supreme Court in the case of Coventry v Lawrence (No 2) [2014] UKSC 46 has set the cat amongst the pigeons in relation to the recoverability of legal costs. The case involved a claim for nuisance by the appellants Katherine Lawrence and Raymond...

The Duty of Good Faith in 'Relational' Contracts

Tony Hughes
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The parties to a written contract will often assume the contract contains all relevant clauses. However, when a dispute arises one or other of the parties will often argue that the written contract does not contain the full picture and will see to imply...

The Court Cannot Re-write Restrictive Covenants After All

Tony Hughes
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Many employers heaved a sigh of relief following the decision of Mr Justice Donaldson in the case of Prophet PLC –v- Huggett .  In that case, he had been faced with a restrictive covenant in an employment contract which, on its true, proper and...

Resolving Disputes by 'Friendly Discussions'

Tony Hughes
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Litigation Practitioners will be aware that over recent years the Courts have been taking every opportunity to encourage parties to attempt to resolve their disputes by negotiation or by mediation rather than using the courts. For example, There is a...

Flexible Working Arrangements

Tony Hughes
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The rules applying to flexible working arrangements have been changed with effect from 30 th June 2014. Until that point, the right could only be exercised by parents of children under 17 or by those caring for an adult. However, the right has now...

Damages for Breach of Confidence

Tony Hughes
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It is not uncommon for organisations to require someone to enter into a “non-disclosure agreement” before handing over confidential information to them. These agreements contain an express contractual duty of confidentiality designed to ensure...

Indemnity Costs for an Unreasonable Refusal to Mediate

Tony Hughes
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One of the outcomes of litigations which has become increasingly difficult to predict is the nature of the costs order that might be made by the judge following a trial but there is little doubt that this will be heavily influenced by the attitude to...

Claiming Constructive Dismissal after Giving Notice

Tony Hughes
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In the recent case of Cockrem v Air Products Plc. [2014] UKEAT 0038/14/2105 the employment appeal tribunal upheld the decision of the employment judge to strike out a claim by Mr Cockrem that he had been constructively dismissed when he pursued that claim...

Unfair Prejudice Drag Along Provisions

Tony Hughes
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If the Articles of Association of a company are amended so as to include “drag-along” provisions and those provisions are then exercised so as to allow for the purchase of the shares of a minority shareholder, will this constitute unfair...

Enforcing a Restrictive Covenant in an Agreement for the Sale of Goodwill

Tony Hughes
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In the recent case of Merlin Financial Consultants v Cooper [2014] EWHC 1196 (QB) the court upheld a “non-compete” restrictive covenant for one year thus preventing the former employee from practising as a financial adviser in competition with...

How effective is a Shareholders Agreement?

Tony Hughes
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There is little doubt that a carefully worded shareholders agreement or specifically drafted articles of association can form a strong backbone for the relationship between shareholders in a limited company. Even the discussion of the possible contents of...

Reasonable Refusal of an Offer of Suitable Alternative Employment

Tony Hughes
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In the case of Devon Primary Care Trust v Readman [2013] EWCA Civ 1110 the Court of Appeal were asked to consider the test that should be applied to a situation in which an employee, having been at risk of redundancy, was offered suitable alternative...

Requirement for Early Conciliation

Tony Hughes
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Since 6 April 2014 it has become necessary for a claimant wishing to pursue a claim in the Employment Tribunal to apply to ACAS for Early Conciliation. A failure to do so will mean that the employment tribunal will automatically reject their claim. Early...

Compensation for Breach of Partnership

Tony Hughes
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Section 35(d) of the Partnership Act 1890 provides that the court may decree a dissolution of partnership when a partner, other than the partner suing; “Wilfully or persistently commits a breach of the partnership agreement, or otherwise so conducts...

Amending then Enforcing a Restrictive Covenant

Tony Hughes
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It is commonly accepted that restrictive covenants contained in an employment contract will not be enforceable unless the employer can show that it has legitimate business interests requiring protection and that the covenant is shown to be no wider than is...

Covert Recordings

Tony Hughes
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It will be interesting to find out whether we will see an increase in the number of attempts by employees to use covert recordings of the deliberations by a disciplinary or investigatory panel following the decision of the Employment Appeal Tribunal in the...

What is the Nature of a Guarantee Obligation?

Tony Hughes
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It is a sad fact, perhaps, that many people sign guarantees in respect of liabilities within their business without reading them.  We all take an optimistic view of the future of our business and if, on that view, there is no likelihood that the...

The Use of Confidential Information by Subcontractors

Tony Hughes
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Disputes over the interpretation of restrictive covenants and over the use of confidential information mostly arise within the context of a failed employment relationship.  It is therefore interesting to see the way in which the Courts deal with these...

Interpreting and Enforcing Restrictive Covenants

Tony Hughes
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The recent case of East England Schools CIC v Palmer is a further example of the factors that the courts will take into account when interpreting restrictive covenants and a reminder of the powers that they have to amend these in certain circumstances. ...

Shareholder Consent for Breach of Duty by a Director

Tony Hughes
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It has long been established that a company director is in breach of his fiduciary or statutory duty if he exploits for his personal gain (a) opportunities which come to his attention through his role as director or (b) any other opportunities which he...

Is a non-employee nevertheless a worker of the purposes of claiming holiday pay?

Tony Hughes
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By virtue of regulation 2(1) of the Working Time Regulations 1998 (“the Regulations”) the expression “worker” is defined to mean  “an individual who has entered into or works under (or where the employment has ceased,...

Enforcing a Garden Leave Provision

Tony Hughes
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In the recent case of J M Finn & Co –v- Holliday , the High Court has once again demonstrated that it is prepared to grant injunctions to uphold a garden leave provision within a contract; even one which is for as long as 12 months.  ...

Obtaining Copy Documents before Starting Proceedings

Tony Hughes
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There may be situations in which a potential claimant feels it would beneficial to see documents held by a potential defendant before commencing proceedings. How can he obtain these? Does he need to show an arguable case in order to do so? Background ...

What length of notice to terminate is reasonable if there is no written contract?

Tony Hughes
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What length of notice is it reasonable for a party to give if there is no written contract? That was the question for determination in the recent case of Hamsard –v- Boots. Background It is surprising how often substantial commercial...

A Shadow Director can be held Liable for Breaches of Fiduciary Duty to a Company

Tony Hughes
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The duties owed by a director to the company were codified in the Companies Act 2006. If the director has been in breach of those duties, the company can pursue a claim against him for compensation. However, many people do not appreciate that these duties...

Ignoring an Invitation to Mediate can be Costly

Tony Hughes
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In the recent case of PGF II SA v OMFS Company 1 Limited the Court of Appeal determined that the failure by a party to respond to a reasoned invitation to mediate an ongoing dispute was unreasonable even though there may have been good reasons to refuse...

Bad Lever or forfeiture provisions could be regarded as penalties and therefore unenforceable

Tony Hughes
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When reviewing share sale or shareholder agreements, it is not uncommon to find good lever/bad lever provisions that have the effect that a departing shareholder or partner in the business is deprived of the value of his shares or of future profits as if he...

Interpreting Restrictions on a Departing Director

Tony Hughes
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It is often stated that court decisions in cases involving the interpretation of restrictive covenants cannot operate as binding precedents because the decisions are so dependent upon the facts of each different case. Nevertheless, an examination of these...

Making an Early Offer can Increase the Value of Your Claim

Tony Hughes
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So much time and cost is tied up in the process of litigation that the government has, over the years, introduced many schemes to incentivise parties to try and negotiate an early settlement. One such scheme allows a Claimant to make an offer and provides...

Making an Early Offer can Increase the Value of Your Claim

Tony Hughes
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So much time and cost is tied up in the process of litigation that the government has, over the years, introduced many schemes to incentivise parties to try and negotiate an early settlement. One such scheme allows a Claimant to make an offer and provides...

Medical Treatment or Reasonable Adjustments?

Tony Hughes
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The recent Employment Appeal Tribunal (“EAT”) case of Croft Vets Ltd v Butcher is causing concern for employers who are managing employees who are absent from work due to long term illness. It addresses the issue as to what might amount to the...

Enhanced Redundancy Terms by Custom and Practice

Tony Hughes
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In the recent case of Park Cakes Limited v Shumba and others the Court of Appeal reviewed the law, and provided some useful guidance, on the circumstances in which an employer might be contractually obliged to pay enhanced redundancy payments as a result...

Dismissal for Gross Misconduct - Is that fair?

Tony Hughes
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Two recent cases have considered the question as to whether or not it is reasonable for an employer to dismiss an employee simply on the grounds that there has been gross misconduct. Will dismissal in such circumstances be regarded as automatically within...

Directors Fiduciary Duty to a Third Party

Tony Hughes
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Most directors are content to sit behind the limited liability structure of the company in which they are involved and believe that, by doing so, they will avoid incurring personal liability in respect to any matters which they are involved. Therefore, circumstances in which a director has been found to incur personal liability by being in breach of a fiduciary duty to a third party (who is not just the company and its shareholders) will be a potential cause for concern. This is what happened in the case of Ross River Limited and others v Waveley Commercial Limited and Barnett.

Costs in the Employment Tribunal

Tony Hughes
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In the recent case of Ghosh –v- Nokia Siemens Networks UK Limited the Employment Appeal Tribunal had to review a decision by the Employment Tribunal in which it had ordered the Claimant to pay costs of £5,000 to the Respondent on the basis of...

Testing the reasonableness of a limitation of liability clause in a contract

Tony Hughes
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Many businesses will only supply services to their customers if their customers accept their standard terms and conditions of business.  Often these terms and conditions of business will contain a clause which will seek to limit the supplier’s...

Liability under a Composite Guarantee

Tony Hughes
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In the recent case of John  Spencer Harvey –v- Dunbar Assets PLC [2013] EWCA Civ 952 the court had to decide whether, on the construction of a composite joint and several guarantee, one of the four intended guarantors who had signed the...

How to Avoid Court Proceedings

Tony Hughes
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When one party threatens to do something which infringes the rights of another, he may be threatened with Injunction proceedings.  If the parties disagree about the underlying legal rights, it may also be necessary for the Claimant to ask the Court to...

Suspended Sentence for Trying to Divert Goodwill of Company

Tony Hughes
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The case of Templeton Insurance Limited -v- (1) Thomas (2) Panesar [2013] EWCA Civ 35 is a good example of the extent to which the Court will exercise its powers against those who persistently refuse to obey Court Orders.   It is also an...

Shareholders: interpreting a valuation mechanism in the Articles

Tony Hughes
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It is generally accepted that when interpreting the relationship between two or more individuals it is better to be able to refer to a written Agreement than to try to infer the terms of a contractual relationship from the differing recollections that each...

Documenting Settlement at Mediation: Practical Difficulties

Tony Hughes
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The recent decision of the Court of Appeal in the case of David Frost -v- Wakesmith and Tofields Solicitors [2013] EWCA Civ 1960 provides a good illustration of the difficulties that parties face, particularly in complex commercial and property disputes,...

Shareholder Disputes - First Steps

Tony Hughes
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Whenever shareholders find themselves in dispute with other shareholder(s) in the company, it can be a lonely and confusing situation.  The law governing the way in which companies should be run and the way in which this has been interpretated by the...

Employment Law Changes

Tony Hughes
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Sections 3 to 24 and Schedules 1 to 3 of the recent Enterprise and Regulatory Reform Act 2013 and related employment legislation contain provisions which are of interest to anyone involved in employment law.  The changes that are likely to be of most...

Mandatory Retirement Age - Further Developments

Tony Hughes
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The recent claim by Mr Seldon against his former partners in the solicitors firm Clarkson Wright and Jakes, has once again come before the court. The lessons learned are rather mixed. Background Last year the Supreme Court decided that the firm could...

What Recourse do you have if your Neighbours Building Catches Fire and Damages Yours?

Tony Hughes
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In a recent decision the Court of Appeal has been asked to consider the extent to which an occupier of land can be liable to his neighbour for damage cause to his neighbour’s property as a result of the escape of fire from his land.  The...

Are You Promising Pay Me a Bonus?

Tony Hughes
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The Court of Appeal has recently upheld a decision in the case of Attrill and Others -v- Dresdner Kleinwort Limited that the claimants, who were employees of the defendant bank, had been entitled to enforce a promise made by the bank’s former chief...

Conflict of Interest By a Director

Tony Hughes
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It is surprising how often company directors disregard their duties.  For so long as no one complains, this situation can continue for some time without causing any apparent problems.  However, if the conduct is challenged, it can lead to some...

Some Other Substantial Reason

Tony Hughes
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An employee has a right not to be unfairly dismissed provided he has worked for an employer for more than two years.  Therefore, in seeking to justify a dismissal, an employer will seek to rely upon one of the grounds set out in Section 98 of the...

Does a Gap Between Jobs Break Continuity of Employment?

Tony Hughes
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The rules for determining whether or not employment is continuous are set out in Sections 210 to 219 of the Employment Rights Act 1996.  Generally speaking, such a period begins with the day on which the employee starts work, but the end of the period...

Stricter Rules on Late Payment of Commercial Debts

Tony Hughes
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The Late Payment of Commercial Debts (Interest) Act 1998 (“the Act”) introduced a regime entitling creditors to claim an enhanced rate of interest when pursuing commercial debts.  Those companies that are able to rely upon the Act can charge...

To What Extent is an ADR or Arbitration Clause Effective?

Tony Hughes
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The most commonly used method for enforcing the terms of a commercial contract is to issue proceedings in the High Court or County Court.  Since those proceedings are conducted within the public domain, there are certain situations in which parties...

Encouragement to Mediate

Tony Hughes
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Ever since the introduction of the Civil Procedure Rules, judges have been trained to give an emphasis towards encouraging parties to mediate. The courts have made decisions disallowing the costs (or part of the costs) of a party if it becomes clear that...

TUPE Transfer of Directors

Tony Hughes
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In what circumstances will a tribunal decide that a director of a company providing services which have been re-tendered has transferred to the new provider when the new contract has been placed elsewhere? The test is the same for any employee. Are they...

Sick Workers Entitled To Carry Forward Annual Leave

Tony Hughes
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The decision of the Court of Appeal in the case of NHS Leeds -v- Mrs Janet Larner in July 2012 is an important authority dealing with the right of a worker to be paid in lieu of annual leave, when s/he has been unable to take it having been off sick....

Litigation Cost and Funding Reforms

Tony Hughes
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A number of important reforms for civil litigation costs and funding are due for implementation on 1 st April 2013 as a result of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012. Most of the changes will have a major impact on the...

Does it Matter Whether a Document is Privileged?

Tony Hughes
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Many business people do not understand the concept of “privilege” as it applies to documents which may need to be disclosed in litigation or tribunal proceedings. The recent judgement of the Supreme Court in the case of R (on the application of...

What Happens if my Business Partner Leaves?

Tony Hughes
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Do you have a blind spot in your business about the nature and effect of the business relationship with your business partner? Do you understand the risks that that might be creating? At what point would it be sensible to address those risks? Background ...

The £1.7 Million Gamble

Tony Hughes
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The recent decision of the High Court in the case of Fahim Imam Saddeque-v-BlueBay Asset Management (Services) Limited illustrates the danger and difficulties faced by a senior employee when considering a departure to join a competing organisation. ...

When is the Reasonableness of a Restrictive Covenant to be Determined?

Tony Hughes
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When dealing with cases involving the enforcement of a restrictive covenant in an employment contract, the courts have to strike a balance between the need to protect the legitimate business interests of an employer and the right of a former employee to ply...

Unfair Dismissal and Compensatory Award Changes

Tony Hughes
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The government has announced the latest increases to the figures for calculating the basic award and the compensatory award in claims for unfair dismissal. With effect from the 1st February 2013, the current limit of £72,300 for a compensatory award...

Data Protection and Monetary Penalty Notices

Tony Hughes
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Many of us will have viewed with considerable satisfaction the news that Monetary Penalty Notices have been served on Christopher Niebel and Gary McNeish, the joint owners of Tetrus Telecoms, who have been inundating us all with unwelcome spam messages....

Director's Liability

Tony Hughes
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In the recent decision in the case of Fry -v- Sherry [2012] (in the matter of Ruscoe Limited (in liquidation)) a company director was held to be personally liable for the sum of £259,200 for taking action in breach of his director’s duty even...

Employment Status of Out of Hours GPs

Tony Hughes
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In the recent case of Suhail -v- Herts Urgent Care , the Employment Appeal Tribunal were asked to consider the employment status of a GP providing services to an out-of-hours provider under a Service Level Agreement which stated that he was self-employed. ...

Mediation, Why Bother?

Tony Hughes
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Although mediation has been widely available in the UK as a means of resolving disputes, it is still not widely used. The principles of mediation are not always understood by Solicitors let alone their clients. It will often allow parties to resolve their...

Partnership Disputes, Don't be Hasty

Tony Hughes
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When a partner has fallen out with his fellow partners, he will want to know what options he has. He will need to understand the nature of the legal relationship with his partners. Those who take legal advice at that point can find the results surprising....

Time Limits for Bringing Commercial Claims

Tony Hughes
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If you know or suspect that you may have a claim, ask yourself whether you are aware of time limit within which you can bring that claim. Knowing that time limit can be important; if it expires before the claim has been issued, you may lose the right to...

Directors Duty or Shareholders Obligation, Which Prevails?

Tony Hughes
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A recent case has considered the conflict that arises for an individual who is both a Shareholder (or Shareholder representative) and a Director of an organisation when it comes to voting on a particular issue. It has also highlighted the importance of...

Unpicking Bank Guarantees

Tony Hughes
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In the recent case of National Merchant Buying Society Limited - v -  Bellamy and Another [2012] EWHC 2563 (Ch) the High Court held that where a continuing Guarantee had been given to secure “all monies” this was not discharged by a...

Can A Member Of A Limited Liability Partnership Bring A Whistleblowing Claim?

Tony Hughes
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Some months ago we reported on the case involving Clyde & Co Llp and a former member of the firm called Ms Bates Van Winklehof who had brought a whistleblowing complaint against the firm in which she alleged that she had suffered a number of detriments...

Four Reasons to Avoid a Piecemeal Approach to Resolving Shareholder Disputes

Tony Hughes
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Disputes between shareholders about the ownership and control of a company often involve a wide range of issues in addition to the question as to who will run the company. The majority of smaller disputes (particularly those between 50/50 shareholders) will...

Four Reasons Why a Contract May Not Mean What it Says

Tony Hughes
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Most businesses enter into contracts to provide goods or services in return for the payment of money. Some of these contracts can have important implications for the contracting party. Where such important contracts are presented for signature a business...

What Difference Will the New Squatting Laws Make?

Tony Hughes
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There has been a lot of discussion in the public domain about the arrival of the new law which, in certain circumstances, makes squatting a criminal offence. In practice, however, it may have little or no impact on those who manage commercial property...

Do I have a Professional Negligence Claim?

Tony Hughes
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What is Professional Negligence? Professional Negligence is the term used to describe a type of claim made by an individual or an organisation against a professional adviser alleging that the professional adviser has either done something which he...

Managing Litigation Risk

Tony Hughes
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Management gurus will tell you that there is no such thing as a bad experience because today’s bad experience is the training ground for tomorrow’s expert.  Therefore, why is it that so many people who learn from their own mistakes refuse to...

When is a Shareholder Not a Shareholder?

Tony Hughes
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If someone is a shareholder, holds a share certificate and is registered as a shareholder in the company’s books, it is clear that he will be regarded as a shareholder.  However, what is the position of someone who has paid money to buy shares...

Is it a Waste of Time to Have Standard Terms of Business?

Tony Hughes
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Most substantial commercial businesses rely upon their own standard terms drafted for use when buying goods for their business or selling goods to customers.  However effectively these have been drafted, they will not become incorporated into the...

Whistleblowing Laws - Who do they protect?

Tony Hughes
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WHISTLEBLOWING LAWS – WHO DO THEY PROTECT? A recent case in the Employment Appeal Tribunal (“EAT”) has confirmed that a member of an LLP is classed as a worker and is protected by the whistleblowing legislation. Background The...