Markel Law Insights

Dementia sufferer constructively dismissed

No dismissal where the employer relies on a payment in lieu of notice clause in the employment contract

Non-competition restrictive covenants

April 13, 2022 | Hannah Thomas

Small businesses grapple with their responsibilities in relation to COVID-19

Businesses are keen to get back to pre-pandemic trading conditions and full capacity in the workplace, whilst also facing the twin challenge of hyperinflation, rising fuel, energy prices and business costs. At the same time, businesses are concerned about their legal responsibilities and liabilities in light of COVID-19 and the removal in England of the working safely guidance for workplaces.

April 07, 2022 | Adam Grimwood

Court confirms an ex-employee has no reasonable expectation of privacy or obligation of confidence in respect of private emails sent from a business email account

In an interesting recent case, the Court of Appeal dismissed a claim by an ex-employee against her former employer for misuse of private information and breach of confidence in relation to personal emails that she sent from a business email account during her employment.

April 07, 2022 | Adam Grimwood

Court issues reminder of a creditor’s need to properly substantiate and produce evidence with regard to any debts claimed

A recent case has provided an excellent reminder that anyone bringing a court claim for payments of a sum or sums of money needs to provide adequate evidence of how much is owed, for what, and how it became due. Failure to do this can prove fatal to any claim. In this case a High Court judge dismissed the claimant’s case for just this reason.

April 07, 2022 | Adam Grimwood

Remaining temporary insolvency measures protecting limited companies expired on 31 March 2022

The government had, during the worst of the COVID-19 pandemic, introduced a number of temporary measures to assist businesses. The remaining temporary insolvency measures applied under the Corporate Insolvency and Governance Act 2020 (CIGA 2020) expired on 31 March 2022. This means that statutory demands and petitions can again be issued against limited company debtors where the sum is greater than £750, is not in dispute, and is not a protected rent debt.

April 07, 2022 | Adam Grimwood

The Commercial Rent (Coronavirus) Act 2022 comes into force, as rules and protections relating to commercial rent arrears brought in during the Covid-19 pandemic are significantly changed

The Commercial Rent (Coronavirus) Act 2022 came into force on 24 March 2022. It is intended to support landlords and tenants in resolving disputes relating to commercial rent arrears that accrued while businesses were forced, by law, to close during the COVID-19 pandemic. The Act ringfences rent debts built up as a result of mandated business closures and introduces a new binding arbitration process to resolve disputes relating to those protected rent debts, where landlords and tenants have not been able to reach agreement.

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