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CHAPTER ONE – WHAT IS AN INDEMNITY? “… In English law an indemnity is a promise to prevent the indemnified person from suffering loss (damnum): see e.g. Firma C-Trade SA v Newcastle Protection and Indemnity Association (The “Fanti” and “The Padre Island”) [1991] 2 AC 1, 35 (Lord Goff). …” [...] -
CHAPTER ONE – INTRODUCTION Originally there were six members of European Economic Community (“EEC”) which expanded and later became the European Community (“EC”). Since, the accession of Croatia in 2013, and the secession of the United Kingdom on January 31, 2020, there are now 27 Member States (“MS”) of the [...] -
CHAPTER ONE – INTRODUCTION Employee inventions are inventions created by someone who is an employee of another person or corporate entity, their relationship to their employer and the nature of their duties as an employee means that the right to apply for a patent to an invention created by the [...] -
CHAPTER FOUR – WHO IS PROTECTED? It is important to understand who can bring a claim of workplace discrimination on grounds of religion or belief. It is not just employees. Those entitled to claim are set out in Part 5 of the EA 2010, and in particular at sections 39-41. They [...] -
The right to be forgotten is a relatively recent development in data protection and privacy law. In 2014, the Court of Justice of the European Union (‘CJEU’) ruled that search engine operators are obliged to remove links to search results against a person’s name, if those results are ‘inadequate, irrelevant, [...] -
CHAPTER THREE – THE MEANING OF “FUNDAMENTAL” The meaning of ‘fundamental’, in the context of ‘fundamental dishonesty’ has been considered in a number of cases. Michael Joseph Gosling v (1) Hailo; (2) Screwfix Direct (Cambridge County Court) (29/4/2014) (HHJ Moloney Q.C.) Gosling, the decision of a highly respected Circuit Judge [...] -
CHAPTER ONE – PARTNERSHIPS IN THE FARMING CONTEXT 1.1 Introduction It is a fact, universally acknowledged amongst professional advisors, that a farming business which is run as a partnership, is in want of a decent partnership agreement. That is an agreement in writing, which reflects not only the nuances of conducting [...] -
CHAPTER TWO – LIMITS ON DETENTION GENERAL PRINCIPLES – LIMITS ON DETENTION It has often been noted that the UK is the only country in the EU with no time limit on detention1. However, Woolf J (as he was then and later the Lord Chief Justice)in the case of R v [...] -
FOREWORD TO THE SECOND EDITION A litigant in England and Wales is most likely to come into contact with the civil courts, principally the county court, in connection with a claim proceeding on the Small Claims Track which, despite the name, is the track to which nearly all the cases [...] -
CHAPTER ONE – WHAT IS AN ACCESS REQUEST? A Data Subject Access Request (which I will refer to as an ‘Access Request’ throughout the book for ease of reference) is a right to access personal data under Article 15 of the EU General Data Protection Regulation (GDPR).1 Individuals have a right [...]