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Monthly Archives: October 2018

Disability Discrimination

In the case of Dunn –v- Secretary of State for Justice and another, the Court of Appeal held that a badly handled ill health retirement procedure did not amount to disability discrimination. Mr Dunne was employed as a prison inspector but became ill with depression and a serious heart condition.  He applied for early retirement... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Minimum Wage and Sleep

The Court of Appeal has held in the case of MenCap –v- Tomlinson – Blake that carers who sleep at client’s homes and are therefore “on call” are not entitled to minimum wage whilst they are asleep. The Court of Appeal decided that such workers should only be entitled to count sleep-in hours for minimum... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Holiday Pay – Voluntary Overtime

Holiday pay continues to be a developing area through case law.  The case of Flowers –v- East of England Ambulance Trust revisited the question of whether voluntary overtime should be taken into account when calculating holiday pay.  The facts of the case involved ambulance crews whose contracts provided for ”non-guaranteed” overtime, which was mandatory, and... Read the rest of this entry →

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Lewis Thompson, Private Client solicitor at Davis Blank Furniss

Dates of our Glossop LPA Week 2018 Confirmed

We will be holding our annual Lasting Powers of Attorney Week from Monday 5th to Friday 9th November at our Ellison Street office. A Lasting Power of Attorney (LPA) enables you to appoint a trusted friend, relative or professional to make decisions about your finances, property and personal welfare in the event that you are... Read the rest of this entry →

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Suzanne Thompson, Corporate and Commercial department solicitor at DBF Law

Suzanne Thompson – solicitor in our Corporate & Commercial department – explains what is an entire agreement clause and why should it be included in a commercial contract

What is an entire agreement clause? An entire agreement clause (also known as a whole agreement clause) is usually one of the last so-called “boiler plate” clauses you find in a commercial contract. It is a contractual provision which aims to prevent the party relying on it from being liable for any statements or representations... Read the rest of this entry →

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Suzanne Thompson, Corporate and Commercial department solicitor at DBF Law

Suzanne Thompson – Solicitor in our Corporate & Commercial department – discusses how businesses are to lose Own Name defence in UK trade mark actions by 2019 in exchange for “bright line” rule

The Intellectual Property Office (IPO) recently confirmed that businesses are set to lose the ability to rely on the own name defence to defeat UK trade mark infringement claims, provided for by Section 11 (2) (a) of the Trade Marks Act 1994 via Article 6(1)(a) of the Trade Mark Directive 2008/95 (the TMD) (the Own... Read the rest of this entry →

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Lewis Thompson, Private Client Team solicitor for DBF Law

Lewis Thompson – Solicitor in our Private Client Team – discusses The Supreme Court Ruling on End of Life Treatment, Court of Protection and The Benefits of Making a Lasting Power of Attorney

On the 30th July this year, The Supreme Court made a landmark ruling that, where experts and loved ones agree, there is now no longer a need for court approval to withdraw CANH (Clinically Assisted Nutrition and Hydration ) for patients in a permanent vegetative state. Before the ruling, doctors and family members would need... Read the rest of this entry →

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Founded in 1877

Founded in 1877

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