Tughans Solicitors

High Court Clarification on Nervous Shock – Exploring Doctors’ Duty of Care to Patients’ Relatives in Ireland

In the High Court judgement of Germaine v Day, Egan J examines the intersection of the doctrine of nervous shock with medical negligence, and arrives at a similar position that was recently reached by the UK Supreme Court in Paul v. Wolverhampton NHS UKSC 1 (“Paul”), albeit via a somewhat different legal route.  ... Read More

Unless orders in Clinical Negligence claims

Andrew Matthew McGivern v South Eastern Health and Social Care Trust NIMaster 13   The High Court of Justice in Northern Ireland recently considered a clinical negligence action which raised issues in relation to court reviews, directions and non-compliance with an unless order. The action serves as an important reminder of the risks parties... Read More

Beware the dangers of ambiguous charitable bequests

A recent decision in the High Court in England has highlighted the importance of taking care when making charitable bequests in a Will. In the case of Dryden v Young 2024 EWHC 1095 (Ch), there was confusion as to the intended destination for a number of charitable bequests which the Testatrix had included as part... Read More

A Major week for Climate Change Law as the Supreme Court hands down Judgment in Finch

The Finch case concerned an application for planning permission to expand oil production from a well site at Horse Hill near Horley in Surrey. The proposed project would involve the extraction of oil from six wells over a period of 20 years. The Developer argued that the assessment of environmental impacts should be restricted to... Read More

Employee Ownership Trusts – Key Components and Legal Considerations

Sales of businesses to employee ownership trusts (EOTs) are becoming an increasingly popular alternative route for sellers seeking to realise value, benefit from certain tax advantages and further incentivise employees.   In this overview, we explore: (i) the background to EOTs and (ii) certain key legal components of these structures.   Background to Employee Ownership... Read More

Settlement agreements can waive future employment claims

In a decision that will be welcomed by employers, the EAT has upheld the Scottish Court of Session’s decision that settlement agreements can effectively waive both existing and future claims. We’ve summarised where it leaves the law on settlement agreements (or compromise agreements in Northern Ireland).   Background Whether settlement agreements can effectively waive both... Read More

How do I Handle it? – Managing employee grievances during the disciplinary process

Tughans employment team provide practical answers to unusual, sensitive or complex work-related queries. This article is aimed at HR professionals and other managers who may need to deal, from time to time, with the less commonplace disputes at work; issues that may, if handled incorrectly, lead to claims for discrimination, constructive dismissal or some other... Read More

Six candles for GDPR and six tips for Reviews

25 May 2024 saw the six-year anniversary of the coming into force of the EU General Data Protection Regulation (“GDPR”). Billed as the strongest privacy and security law in the world, the regulation modernised data protection laws and has raised privacy standards throughout Europe and beyond.   Six years on from its introduction (and following... Read More

Mental Health issues in the Workplace – guidance for employers

During mental health awareness week, Tughans’ employment team reflect on the guidance available for employers on responding to mental health issues in the workplace.  Most employers increasingly appreciate the importance of creating a wellbeing culture and supporting their employees’ mental health, with the additional benefits for staff performance and retention. Many will showcase mental health... Read More

Decarbonisation reporting in public contracts – implications for SMEs

The Cabinet Office has published guidance on the Procurement Policy Note (PPN) published by the Cabinet Office in June 2021 (PPN 06/21). PPN 06/21 established the requirement for suppliers bidding for major government contracts (over £5million) to commit to achieving Net Zero by 2050 and publish a Carbon Reduction Plan. The guidance provides standard terms... Read More