IR35 and Employment Businesses – are you playing piggy in the middle?
On 6 April 2021, the rules regarding IR35 are changing. Whether IR35 applies to a particular engagement has not, until now, been a matter of concern for employment businesses, who have usually addressed any commercial risk through appropriate tax indemnities in their contracts.
If you want to take a technology dispute to court, you’re unlikely to get a trial date in the Technology and Construction Court in London for over a year if you are going to need a week or more of the court’s time. With Brexit and Covid causing ongoing commercial and financial uncertainty, is there another quicker option to resolve disputes that parties can consider? The short answer is yes.
Can charitable members be compelled to vote - part 2
Back in August 2018 we looked at the question of whether charitable members could be compelled to vote in favour of a resolution... Fast forward two years and the matter has now come before the Supreme Court.
Can damages for loss of bargain be recovered on breach of a contract?
In the recent case of YJB Port Ltd v M&A Pharmachem Ltd and CD Medical Ltd  EWHC 42 (Ch), the High Court had to consider whether a claim for damages could be pursued in respect of separate actual breaches of the non-compete clause of a contract.
The Importance of regular equal opportunities training
Most employers will have equality policies in place and provide equal opportunities training to their employees in some way. While some may see this as a “tick-box” exercise, Emma O’Connor Head of Training and Catrina Flanagan Solicitor take a look at the recent case of Allay (UK) Limited v Gehlen which shows the importance of training, the implications of not keeping this regularly updated and a call to action for HR.
Introducing uncertainty into the battle of the forms?
In commercial negotiations, both parties may attempt to rely on their own standard terms and conditions (“T&Cs”) as forming the basis for a contract. This to-ing and fro-ing over the incorporation of T&Cs is described as the “battle of the forms”.
Many trustees of charities when asked who owns their charity’s land will reply by saying “the Charity”. However this can be a misleadingly simple response as the means by which charities own property do vary.