Tughans Solicitors

Force majeure: superior force -v- contractual requirements

While the purchase orders for toilet rolls, pasta and paracetamol are undoubtedly flowing freely, the performance of countless goods and services contracts are being heavily impacted by the ever-changing situation caused by Covid-19. Government shutdowns, closure of hospitality venues, staff unavailability and an almost across-the-board movement to “WFH” have meant that demand... Read More

Working from Home

It is usually the case that requests to work from home come from the employee to the employer and not the other way around.  However, in these unusual circumstances, in light of the current coronavirus panedemic and as a result of recent guidance from the government on home working, it is becoming a reality that... Read More

Preparing for Coronavirus – what are your legal obligations as an employer?

Tughans’ employment team are currently advising clients on their legal obligations as employers arising from the evolving Covid-19 (“Coronavirus”) outbreak, as the number of confirmed cases in Northern Ireland increase and both the UK government and Assembly escalate preventative measures. The following advice note is provided as guidance only. You should take specific advice on... Read More

The tension between adjudication and insolvency

The Construction Contracts (Northern Ireland) Order 1997 enables a party to a construction contract to refer a dispute under that contract to Adjudication. Most disputes are about payment and the idea is to speed up payment and aid cashflow. The Adjudicator must reach a decision within 28 days and the Courts give effect to  that... Read More

Trade talks and the Environment

As negotiations on the UK-EU Trade Agreement have commenced, the implications for future environmental standards in the UK are coming into sharp focus and are likely to form a key flash point in negotiations. Trade Negotiations The UK formally left the EU on 31 January 2020, and an 11-month implementation period, expiring on 31st December,... Read More

New Environmental Watchdog for Northern Ireland?

Northern Ireland faces unique challenges to environmental protection as a result of Brexit. Northern Ireland and the Republic of Ireland share several cross border protected sites, three international river basin districts and the management of Carlingford Lough and Lough Foyle. Environment is also one of the areas of co-operation under the Good Friday Agreement. Most... Read More

Heathrow’s wings clipped?

The Court of Appeal has declared the Airports National Policy Statement which favoured a third runway at Heathrow unlawful.  In his ruling, Lord Justice Lindblom said that in its current form the government’s policy was unlawful as it failed to take into account climate change commitments made by the government when it signed up to... Read More

Legal Advice Privilege – Court of Appeal judgment shapes new guidance for In-House Lawyers

In February the Court of Appeal handed down a judgment in the case of The Civil Aviation Authority v Jet2.Com Ltd EWCA Civ 35 (the “Judgment”) that provides important new guidance on the scope of application of Legal Advice Privilege (“LAP”). BACKGROUND Jet2.Com Limited (“Jet2”) made an application for specific disclosure (referred to as... Read More

IP Disputes – lessons for 2020 and beyond

The decorations are down, everyone has to get used to new digits when writing the date, and we are clinging to the optimism of new resolutions. But as we leave behind 2019, which IP disputes hit the headlines and what insights do they offer for 2020 and beyond.   USE IT OR LOSE IT At... Read More

Compulsory Retirement: how old is too old?

The recent successful Employment Tribunal claim by Professor Paul Ewart (originally from Northern Ireland) against The University of Oxford has highlighted the risks for employers who set a retirement age for employees.  Professor Ewart, the former head of atomic and laser physics at Oxford Clarendon Laboratory had worked at the University for 30 years until... Read More