Royal Mencap Society (Respondent) v Tomlinson-Blake (Appellant) Two “sleep in” care workers appealed to the UK’s highest Court, the Supreme Court, seeking to overturn the decision that they are not entitled to the national minimum wage (NWM) for the duration of their “sleep in” shift. A “sleep in” shift typically means that the employee is
Creditors of the Café Nero chain have been granted the right to an expedited trial to enable them to recover full compensation for unpaid rents. The case involved several commercial landlords who were challenging the validity of the way Nero had entered into a Company Voluntary Arrangement (CVA) after being adversely affected by the Covid-19
The Supreme Court has ruled that Uber drivers should be classed as workers rather than as self-employed. The distinction is crucial as it means drivers gain significant employments rights such as entitlement to the minimum wage and holiday pay. The court’s decision marks the end of a four-year legal battle between Uber and two of
Two partners in a failed business have been told that the liquidator can call upon them to pay nearly £600,000 between them for the partnership’s liabilities and the expenses of the winding-up. The issue arose after the liquidators had applied for a call order under the Insolvency Act 1986. The order provided that the liquidators
A company has been told that it is two years too late to apply to rescind a winding up order against it. The fact that the delay had been caused by a shareholder negotiating to pay its debts was not a good reason for breach of the time limit. The case involved Sarjanda Ltd and
The government has introduced its new Model Tenancy Agreement making it easier for tenants with well-behaved pets to secure leases. It means that landlords will no longer be able to issue blanket bans on pets. Instead, consent will be the default position, and landlords will have to object in writing within 28 days of a
A surgeon who accidentally set one of his patients on fire during an operation has won his case of unfair dismissal and been awarded £67,000. Dr O Iwuchukwu worked at City Hospitals Sunderland, part of South Tyneside and Sunderland NHS Foundation Trust, from 2005 until his dismissal in 2015. In August 2013, he was operating
The Countrywide estate agency group has won a contract dispute involving the £38m sale of one of its subsidiaries. The court heard evidence that Countrywide had agreed to sell its subsidiary, Lambert Smith Hampton Limited (“LSH”), to John Bengt Moeller in a share purchase agreement. Countrywide claimed that Moeller failed to pay £38 million needed to complete
A director who had conducted the affairs of a night club in a way that had unfairly prejudiced a minority shareholder has been ordered to make an interim payment to her of £200,000. The figure could be much higher once a further hearing takes place. A judge had found that the company’s affairs had been
The Government has extended its temporary insolvency measures to support businesses struggling during the pandemic. The measures were introduced in the Corporate Insolvency and Governance Act in March 2020, including protecting businesses from aggressive creditor enforcement and removing personal liability on company directors. They are being extended till the end of June 2021. The extension