Articles - DAC Beachcroft

Articles

November 2018

Real Estate Tip of the Week: Make No Mistake – Rectification of Leases

Real Estate Tip of the Week: Make No Mistake – Rectification of Leases

A landlord who inadvertently granted a 2,000 year lease, instead of the intended one year term with two options to renew, has succeeded in getting his ...

Case alert – High Court rejects challenge to CCGs' policy favouring cheaper, unlicensed drug

Case alert – High Court rejects challenge to CCGs' policy favouring cheaper, unlicensed drug

In the recent case of Bayer Plc and Novartis Pharmaceuticals UK Ltd v NHS Darlington CCG and Oths [2018] EWHC 2465 (Admin), Whipple J rejected an appl ...

Skydiver freefalls to reality with finding of Fundamental Dishonesty

Skydiver freefalls to reality with finding of Fundamental Dishonesty

In proceedings successfully defended by DAC Beachcroft's Motor Fraud team on behalf of Aviva Insurance Limited, a claimant's claim was found to be fun ...

It is safe to go down to the woods today! How to win claims under the Occupiers' Liability Act

It is safe to go down to the woods today! How to win claims under the Occupiers' Liability Act

The Claimant was cycling out of the Forest on Saturday the 24th June 2017, around a main gated entrance, when he caught his right forearm on a bolt pr ...

Vicarious Liability: Employer vicariously liable for  Managing Director's assault

Vicarious Liability: Employer vicariously liable for Managing Director's assault

An employer was vicariously liable for its managing director’s assault on an employee when drinking in a hotel bar after the company’s Christmas party ...

Whistleblowing: Individual workers can be liable for a whistleblowing dismissal

Whistleblowing: Individual workers can be liable for a whistleblowing dismissal

The Court of Appeal has upheld the EAT’s decision that an employee may bring a claim against a co-worker on the grounds that the employee has suffered ...

Employment Tribunals: Claims of unlawful deductions from wages

Employment Tribunals: Claims of unlawful deductions from wages

The Court of Appeal has held that employment tribunals have jurisdiction to resolve disputes about the construction of the employment contract when de ...

Disability Discrimination: Causation test for discrimination arising from a disability

Disability Discrimination: Causation test for discrimination arising from a disability

The causation test for discrimination arising from a disability must not be applied too strictly.  

Holiday Pay: Employers need to show they have encouraged their workers to take the holiday they have accrued

Holiday Pay: Employers need to show they have encouraged their workers to take the holiday they have accrued

In two co-joined German cases, the European Court of Justice has looked at the issue of when a worker, who does not apply for their holiday during the ...

Data Protection: Employer vicariously liable for a rogue employee's internet disclosure of 100,00 employees' personal information

Data Protection: Employer vicariously liable for a rogue employee's internet disclosure of 100,00 employees' personal information

The Court of Appeal has upheld a High Court decision that Morrisons was vicariously liable in damages for a data protection breach by a rogue employee ...