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News, Articles & Events: May 2015

Whyte & Mackay Limited v Origin Wine UK Limited & Dolce Co Invest Limited Worth knowing about because… Launching a new brand or sub-brand which incorporates your established brand name alongside another word which has already been registered as a trade mark by a third party can give rise to legal challenges. This case highlights […]

Most people are probably of the view that signing an agreement indicates that they intend to be bound by it. But what if the agreement has not been signed? Can a binding contract still come into existence? This has been the scenario in a number of recent cases considered by the courts and is a […]

A group of senior doctors published an article in the British Medical Journal last week announcing that the Academy of Medical Royal Colleges is to launch a nationwide “Choosing Wisely” campaign in collaboration with other healthcare organisations, including the NHS. The campaign is based on Choosing Wisely initiatives already underway in the US, Canada, Germany, […]

In previous reviews we reported on a number of employment law changes effective as of 5 April, including the availability of Shared Parental Leave and the abolition of Additional Paternity Leave for babies expected or children adopted on or after 5 April. Other, less well-publicised, family friendly changes that also came into force on 5 […]

The Tribunal in Bailes v First Bristol Ltd has awarded an unfair dismissal pay out of £83,910 to a Bristol bus driver who was dismissed after testing positive in a saliva test for cocaine. Mr Bailes persuaded the Tribunal that the positive drugs test resulted from him handling bank notes contaminated with the illegal substance […]

In Donelien v Liberata UK Ltd the EAT considered whether an employer had constructive knowledge of an employee’s disability because only if the employer did would it be under a duty to make reasonable adjustments. Constructive knowledge involves asking the question whether the employer “ought to have known” something, despite having no actual knowledge of […]

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