May 2011 Archive

The perils of social networks

A recent case highlights the importance of having a well drafted communications policy which covers the use of social media. In the case of JD Wetherspoons PLC v Miss K C Preece, Miss Preece, after being subject to a barrage of verbal abuse and physical threats by two customers, vented her anger on Facebook mentioning the names of the customers and leaving insulting comments. A complaint was made about Miss Preece's comments which eventually led to her dismissal for gross misconduct.

Don’t let time run out for making a claim

It is well established law that claims founded in contract are barred 6 years after the date on which the right to bring the claim accrues. This begs the question of when the cause of action accrues. In the case of someone bringing a claim against the seller or purchaser of a property, does it accrue when the sale is completed or when contracts for sale are exchanged? This can be a critical issue. By relying on the fact that the cause of action accrues on completion of the sale, you might issue your claim after the six year limitation period has expired if, in fact, the cause of action accrues when the contracts for sale are exchanged.
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