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Litigation and dispute resolution

What is an employer’s duty of care to a careless employee?

It has long been understood that the obligations of employers to provide a safe system of work are owed “not only to the careful and observant employee, but also to the hasty, careless, inadvertent, inattentive, unreasonable or disobedient employee in respect of conduct that is reasonably foreseeable”.  However, in two recent cases (one a safety prosecution,

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May 26
2019
Litigation and dispute resolution Work health and safety

I feel the need . . . the need for a deed

A lease is a lease is a lease, yes?  Well, not always.  If a lease is expressed to be in the form of a deed, then (amongst other consequences) a party who has signed and delivered the lease cannot withdraw their acceptance and “recall” (or back out of) the agreement to lease the premises, even

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May 16
2019
Litigation and dispute resolution Property Law

Freezing orders against ex-employees – when should employers move in for the chill?

The discovery that a formerly trusted employee has been defrauding their employer throws up a lot of questions.  How could this have happened? Do I have to involve the police?  And sometimes most importantly, am I ever going to see the stolen money again? Freeze a jolly bad fellow (allegedly) The answer to the third

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May 13
2018
Employment Law Litigation and dispute resolution

“The menu, sir? I’m sorry, that’s confidential”

Confidential information can be used (and misused) in lots of different ways. Disputes about use and misuse often arise following the termination of various kinds of contracts (including employment contracts and franchise contracts) which provide for confidential information to be provided by one party to the contract to the other party. If a party is

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May 22
2017
Franchising Law Litigation and dispute resolution

No minor undertaking – the high price of “winning the battle, but losing the war”

What’s better than getting an award of damages to compensate you for your loss?  Well, many things, but “preventing the loss from occurring in the first place” is pretty high up on the list.  It’s for that reason that an early decision which will often have to be made in litigation is whether to seek

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May 1
2017
Litigation and dispute resolution