Tughans Solicitors

Court of Appeal rules employer not vicariously liable for practical joke gone wrong

In the recent case of Chell v. Tarmac Cement and Lime Ltd., the Court of Appeal upheld the decisions of the County Court and High Court and found that an employer was not vicariously liable for personal injury sustained by a contractor as a result of a practical joke carried out by an employer’s employee during... Read More

Socially Valuable Change to NI Procurement Policy

Sixty percent cost: forty percent quality – this is the weighting that most bidders will be used to seeing as being applied to their bids in public procurement tender exercises – demonstrating that the purchaser (e.g. a Government department) places more emphasis on the economics of the bid rather than the quality of the solution.... Read More

New Private Members Bill seeks to navigate the digital assets labyrinth

There is no doubt that we are relying more heavily on digital technology in many aspects of our day to day lives. From social media and cloud storage of photos and music, to online banking, cryptocurrencies and even the way in which we heat our homes – consumers are increasingly using and creating digital assets.... Read More

Secondary Victims in Clinical Negligence

Paul & Ors v The Royal Wolverhampton NHS Trust EWCA Civ 12 The Court of Appeal in England recently considered three related appeals regarding the position of secondary victims in the context of clinical negligence claims.   Secondary Victims A secondary victim is a person who claims for psychiatric injury by having witnessed the... Read More

What is the National Security and Investment Act?

The National Security and Investment Act 2021 (Act) marks the latest development in the UK government’s steps to scrutinise business transactions on national security grounds, and reflects the growing trend where governments globally have sought to tighten regulatory controls on FDI. In this article we briefly cover some of the key provisions of the Act... Read More

Covid Recovery – Warehousing and Logistics Leads the Way

The Covid-19 pandemic has undoubtedly challenged traditional consumer behaviour. The demand for online services has been increasing over the past decade but the pandemic has certainly accelerated this trend. The closure of the high street meant businesses and consumers had to become dotcom ready as people from across all generations were forced to use the... Read More

The implications of Service Provision Change (SPC) and understanding SPC Regulations

The HR Manager of a cleaning company has been informed that they have lost a contract with a key client, who has appointed a new cleaning company to take over the cleaning services. The HR Manager is seeking advice on whether TUPE applies in this case and how they should manage the outcome of the... Read More

Assessing contributory negligence on a case by case basis

In the recent Court of Appeal decision of Gul v McDonagh another (2021) EWHC Civ 1503, delivered 13th October 2021, it was determined a minor claimant could be found to be contributory negligent.  In this instance the Claimant/Appellant was 13 years 8 months old and had been injured when struck by the Defendant vehicle whilst crossing... Read More

What is a Family Investment Company?

Family Investment Companies (FICs) are not a new phenomenon, but they have been gaining in popularity over recent years as an effective estate planning tool, especially since changes to the taxation of trusts have made discretionary trusts a less attractive option.   What is a FIC? A FIC is a company that can be used... Read More

Managing Whistleblowing complaints

Whistleblowing complaints have been on the rise since the beginning of the global pandemic and the government has recently announced that they will be carrying out a review of the whistleblowing legislation to ensure that it is still fit for purpose. Protection for whistleblowers in Northern Ireland is provided under the Public Interest Disclosure Order... Read More