Ruth Kennedy talks to Oliver Mills about Syspal Capital Ltd v Truman [2024] EWHC Civ 1561 (Ch). Why do employers use shareholding arrangements to incentivise employees? Why is it so important to draft Articles of Association carefully? What are the dangers of employers dismissing employees to deprive them of particular benefits? Host: Oliver MillsGuest: Ruth Kennedy www.11kbw.com/practice-areas/employment/www.linkedin.com/company/11kbw
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15:58
Derma Med Ltd v Ally: Full and Frank Disclosure
Rupert Paines talks to Lucy Jones about Derma Med Ltd v Ally [2024] EWCA Civ 175, a Court of Appeal decision on non-compete and confidentiality injunctions, granted without notice.Host: Lucy JonesGuest: Rupert Paineswww.11kbw.com/practice-areas/employment/www.linkedin.com/company/11kbw
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40:22
Cheshire Estate v Blanchfield: Fiduciary Duties
Jamie Susskind talks to Rita Dias about Cheshire Estate & Legal Ltd v Blanchfield [2024] EWCA Civ 1317. When will directors taking steps towards setting up a competitor breach fiduciary duties?Host: Rita DiasGuest: Jamie Susskindwww.11kbw.com/practice-areas/employment/www.linkedin.com/company/11kbw
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24:40
Dowding v Character Group: Tribunal Costs
Tom Ogg speaks to Michael White about Dowding v The Character Group plc [2024] EAT 153, a case which touches on the most common questions relating to costs in the Tribunal. How should a Tribunal assess whether a claim had no reasonable prospect of success? What kind of conduct is ‘unreasonable’ such that costs should be awarded – including in relation to the refusal of settlement offers? How should Tribunals decide upon the amount of a costs award? And in what circumstances should ‘indemnity’ costs be awarded?Host: Michael WhiteGuest: Tom Oggwww.11kbw.com/practice-areas/employment/www.linkedin.com/company/11kbw
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28:32
First Greater Western v Moussa: Knowledge in Whistleblowing and Victimisation Claims
This month Judy Stone KC talks to Joseph Lavery about First Greater Western Ltd v Moussa [2024] EAT 82. When can an employer be liable for detriments inflicted by a decision maker who has no knowledge of the protected disclosure or protected act? What is a collective memory? They discuss this important judgement from the EAT and the difficulty of reconciling the case law in this area. Host: Joseph LaveryGuest: Judy Stone KCwww.11kbw.com/practice-areas/employment/www.linkedin.com/company/11kbw
UK