On the basis of the SpyCatcher case, where a claimant obtains an injunction against a defendant to protect confidential information, third parties on whom the order is then served are also bound by the injunction. This system works well where there is an identifiable defendant in the first instance. A problem arises if a claimant … Read more
With the quick-fire thrust and parry of email becoming increasingly popular as a means of communication, the possibility of inadvertently creating a binding contract is an ever present danger. However, a recent case which came before the High Court has reinforced the basic legal principle that if the parties only intend to be bound by … Read more
In our March 2002 early warning we reported on the Court of Appeal decision in the application for judicial review by the Pro-Life Alliance Party. The Pro-Life Alliance won that Appeal. The facts leading up to the Court of Appeal decision were as follows. The Alliance had registered as a political party and participated in … Read more
A decision of the Employment Appeal Tribunal (EAT) in March considers the extent to which a tribunal is entitled to hear a claim for unfair dismissal brought by a UK citizen working abroad. Mr Lawson, a British man domiciled in England, worked as a security supervisor for Serco Ltd. Serco had its head office in … Read more
Under the Working Time Regulations 1998, all workers are entitled to a minimum of 4 weeks’ holiday. The regulations state that for each week of holiday, the employer must pay the individual one week’s pay. A practice has developed of including an element of holiday pay in an individual’s salary, sometimes known as “rolled up” … Read more
The Court of Appeal delivered its eagerly awaited judgment in Arsenal Football Club v Matthew Reed on 21 May. The case concerns the extent to which a registered trade mark can be used to create merchandising rights, that is exclusive rights to use words and devices on goods. In a landmark decision the court has … Read more
