Tughans Solicitors

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

Managing Christmas Festivities in the Workplace

A HR manager recounted an incident in the office, where a number of employees stayed after hours and drank excessively, one of them acted inappropriately, startling another employee who was still working.  She did not want to discipline these employees, but can she write a warning note about their behaviour and put it on their... Read More

Redundancy and alternative employment – what is considered “suitable”?

A HR Manager is in the middle of a redundancy consultation process with employees and is at the stage of considering whether there is any suitable alternative employment which can be offered to the employees who are at risk of redundancy.  Do the employees have to be offered exactly the same roles that they are... Read More

Immigration update for a no-deal Brexit  

The UK government has published updated arrangements on the immigration status of EU nationals who wish to live and work in the UK in the event of a no-deal Brexit (September arrangements). These replace the previous arrangements published in January 2019 and are provided in advance of the anticipated announcement of the UK’s post-Brexit immigration... Read More

Holiday Pay after Agnew: ten key issues for employers

  The Northern Irish Court of Appeal has handed down its eagerly anticipated decision in The Chief Constable of the Police Service of Northern Ireland & Northern Ireland Policing Board -v- Alexander Agnew & Others. An appeal from the Industrial Tribunal, this case involves claims raised by 3,380 police officers and 364 civilian staff in... Read More

Unlucky Number 13

  Will the EU’s new copyright directive bring an end to the age of memes? In March, the EU passed its controversial Copyright Directive, designed to control how copyrighted content is shared on online platforms.   The Directive and its most controversial component, Article 13, requires online platforms to filter or remove unauthorised copyrighted material... Read More

Planning POCA: High Stakes for planning breaches

  Southwark Council has recently secured over £1 million under a Proceeds of Crime Act (POCA) order against a landlord who converted three flats into two cramped studios and bedsits.   The council originally brought a planning prosecution against a landlord, for illegally converting three flats within 2-4 London Bridge Street in 2010. He was... Read More