CHAPTER ONE EUROPEAN UNFAIR COMMERCIAL PRACTICE DIRECTIVE 2005/29/EC Though by no means the first relevant piece of legislation in time, a useful starting point in the consideration of the legislative evolution in this area is the EU directive on unfair commercial practices from 2005. The Directive was the culmination of […]
CHAPTER TWO THE LAW PRIOR TO 1997 The heart of this work concerns the duties which are incumbent upon a lender where they take a guarantee or other security from a third party for the debts of a business or person closely connected to that party. The law of Scotland […]
CHAPTER 1 INTRODUCTION Why were the Regulations introduced? What do they try to achieve? The short answer to the first question is, the Regulations were introduced because an EU law (Directive) forced the UK to do so. The short answer to the second question is, the Regulations try to achieve […]
CHAPTER TWO – DIAGNOSIS The bedrock of any claim for a psychiatric injury, is identifying one’s presence. A psychiatric injury to be actionable must a recognisable psychiatric disorder, and will be found almost always to fall into either ICD 10 or DSM IV. The necessity for reliable, robust and persuasive […]
CHAPTER ONE – WHAT IS HOARDING? This chapter describes what hoarding is, summarising its key elements In reading this book, it will be helpful to have a clear idea of the basics of what hoarding is. What hoarding encompasses Hoarding is the persistent difficulty discarding or parting with possessions, […]
CHAPTER TWO – APPROACHES TO IDENTIFYING LIABLE NON-PARTIES Lord Briggs in Travelers Insurance Co Ltd v XYZ [2019] UKSC 48 said: “It is evident (from the Aiden Shipping case), and obviously right, that it is a pre-requisite for the making of a costs order against a non-party that the person sought to be […]
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 […]
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