April 2016 Archive

Employment law update

Including: Employment Tribunal’s jurisdiction extended to professional bodies Michalak v General Medical Council and others Dr Michalak successfully claimed for unfair dismissal against the NHS Trust which employed her on the grounds of sex and race discrimination and victimisation.

Negligence does not always amount to a successful claim

The case of Barker found that advice relating to an Employee Benefit Trust (“EBT”) was negligent, but as the other fundamental aspects of a successful professional negligence claim were not met, the claim was dismissed. It also gave guidance on limitation and how long claimants have to bring cases against professionals involving complex technical issues.

Intellectual property in web development

The crown jewel, however, in any website development is the source code to the software that underlies the website. Copyright will arise in the source code. With ownership of the copyright come unfettered rights of use, adaptation, amendment, development, copying and so on. However, does a customer always need to own the copyright? In some cases, this will be a must; in other cases, a licence granting specific rights might also just do the job. We look at when a licence might be sufficient later in this article.

Widow’s Claim Fails

The Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) allows a widowed spouse domiciled in England and Wales to claim that their Deceased husband/wife’s Will does not make such reasonable financial provision for them as it would be reasonable in all of the circumstances for them to receive.

A harsh approach to interim payments

In Grove Developments Ltd v Balfour Beatty Regional Construction Ltd, Mr Justice Stuart-Smith decided that the agreed interim payments schedule was exhaustive of the contractor’s entitlement to interim payments, even though the contract substantially overran the valuation and payment dates agreed.
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