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Worldwide Defamation-damages

14/08/201909/12/2017 by dwillis
damages for worldwide defamation

In Shakil-Ur-Raman v ARY [2016] EWHC 3110(QB) damages for defamation were only recoverable on the basis of TV broadcasts in the UK. Before the Defamation Act 2013 it was possible for a foreign claimant to claim damages for a single ‘publication’ in the UK and then recover damages based on the worldwide defamation. In this … Read more

Categories Civil Litigation, Legal Tags damages, defamation, TV broadcasts

Gross misconduct and gross negligence

15/08/201905/12/2017 by dwillis
gross misconduct

Gross misconduct justifies summary dismissal and this will normally cover acts of intentional misconduct but can also include acts or omissions of gross negligence. That is, when misconduct is unintentional.

In the case of Adesokan v Sainsbury’s [2017] EWCA Civ 22, A senior

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Categories Employment, Gross misconduct, Legal Tags Gross Misconduct, gross negligence

Capacity – Wills

15/08/201902/12/2017 by dwillis
mental capacity to make a will

In Kunicki v Hayward [2016] EWHC 3199 (Ch) the High Court rejected a claim of fraudulent calumny in a probate claim. The deceased had capacity when he signed his will. He both knew and approved it’s contents. The court so held in this case where it was alleged that there was a contract to share the deceased’s estate.

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Categories Legal, Private Client, Wills Tags beneficiaries, capacity, charities, Wills

Holiday Pay and employment contracts

15/08/201930/11/2017 by dwillis
holiday pay entitlement

Holiday pay entitlement is included in the Working Time Directive as implemented by The Working Time Regulations 1998 and The Working Time (Amendment) Regulations 2007

Employers should make it clear how they expect holiday entitlement

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Categories Employment, Holiday Pay, Legal, Working Time Regulations 1998
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