David Fisher

Earlier this week, the #SupremeCourt handed down an important judgment on the accessory liability of company #directors for torts of the company. While the case concerned an intellectual property tort, the decision is of much wider significance. The Supreme Court drew a distinction between directors' liability for a company's contractual breaches (in which the directors' liability turns on whether they have committed the separate tort of inducing a breach of contract by the company) and directors' liability for the company's torts (where the directors' liability, if any, is for the primary tort jointly with the company, not for an independent tort of procuring the primary tort). A director may be liable jointly for the company's tort if the director knowingly procures the company's tort. Knowledge here means the director's knowledge of the essential acts which make the company's act unlawful. The distinction matters. Take a different context. Companies routinely make representations in the context of a company's borrowing, which often repeat throughout the lifetime of the financing arrangement. If those representations are inaccurate, the lender might consider a claim for breach of contract and a separate claim in torts arising from misrepresentations or misstatements. Now, will the lender consider joining the directors as defendants to the tort claim against the company, in circumstances where directors acting bona fide within the scope of their authority will not have any accessory or independent liability in relation to lender's breach of contract claim (known as the rule in Said v Butt)? We will have to wait and see. Richard Mendoza and Ryhan Uddin analyse the decision in more detail below.

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🗳 With a new Labour Government announced this morning, we can expect to see a number of workplace changes. Join us for an upcoming webinar where we will tell you about the key issues for employers regarding the anticipated employment bill and new policy consultations including: 🔸 Key employment law policy changes for employers to prioritise 🔸 Estimated timescales for implementation 🔸 Preparatory steps for employers and what to look out for Register here: https://lnkd.in/epY6ki2R #UKGovernment

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Well here it is after a 100 day wait since the election . The UK Employment Rights Bill is broad in its detail and should be considered as a whole package which when enacted will represent a sizeable shift in employment and trade union rights requiring employers to adapt and consider what it means for their business and operations. It will be important for businesses to make sure their voice is heard in the pending consultations. Read our succinct summary table of the various proposals and overview of what it means for employers 👇

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Big changes are proposed in the workplace - we are here to help with this briefing and our webinar on 22 October!

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There's a lot for employers to digest in the Employment Rights Bill. Here's our overview of the key changes, next steps in the process, and what the changes could mean for you. Plus registration details for our webinar on 22 October. And at the end of the briefing, there's a link to our interactive tracker on the Government's employment policy commitments #ukemplaw #hr #TheEmploymentRIghtsBill #UKEmployment

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The hotly anticipated Employment Rights Bill has now been published, setting out a framework of employment law reforms that will transform employment law and significantly change employer practices. Many of the employment law reforms will require further consultation and legislation before their full impact can be appreciated, with the implementation of many of the changes expected in 2026. Our latest briefing is designed to offer a straightforward and practical summary of the reforms to help employers consider the steps they will need to take. The employment law reforms are a topic that will continue to unfold and develop over many months to come and further materials and events will therefore be coming soon, including our webinar on 22 October which will consider the reforms and the government’s plans in more detail.

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In our latest People Matter webinar series, we'll focus on how to deal with absences from work in three common scenarios: holidays, sickness and statutory leave. 👉 Dealing with statutory holiday entitlement | 11 June, 10:00 - 10:30 👉 Managing sickness absence | 17 July, 10:00 - 10:30 👉 Navigating statutory leave | 24 September, 10:00 - 10:30 For more information or to book your place, please click the link below. #EmploymentLaw #PeopleMatter

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Neurodiversity, the natural variation in human brain functioning, is something to be celebrated and encouraged. Read more about the legal considerations and best practices here: https://ow.ly/VFbC50UowT4 Do you have a written neurodiversity policy in your workplace? #neurodiversity #InclusiveWorkplace #EmployeeWellbeing

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We discuss the background of THG PLC v Zedra Trust Company case and what it could mean for future cases. Do Statutory Limitation Periods Apply to Unfair Prejudice Petitions? Read full article via Lincoln & Rowe https://lnkd.in/e_h5vpx2

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Are you ready for this new duty which comes in next month? Sign up to our webinar next week. When Chris Coombes and I will be updating you on what you need to know!

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Different forms of #dementia have varied symptoms, but all require 𝗺𝗲𝗱𝗶𝗰𝗮𝗹 𝗮𝘁𝘁𝗲𝗻𝘁𝗶𝗼𝗻 🩺 and 𝗹𝗲𝗴𝗮𝗹 𝗽𝗿𝗲𝗰𝗮𝘂𝘁𝗶𝗼𝗻𝘀 💼 Ensure your assets are protected with 𝗞𝗿𝗼𝗹𝗹 𝗣𝗿𝗼𝘂𝗸𝗼𝘂, 𝗟𝗟𝗣, experienced in #assetprotection planning! Reach out today for a secure plan 👍 📞 (𝟱𝟴𝟱) 𝟮𝟳𝟭-𝟰𝟰𝟳𝟬. https://lnkd.in/ehw_fAQR #krollproukoullp #assetprotectionplanning #elderlaw #longtermcare #lawfirm #rochesterny

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Want to know more about Licensing Act 2003 reviews and enforcement action? I will be speaking at the Legal Training Consultancy's Annual Licensing Law Update on 7 November 2024. You can sign up here: https://lnkd.in/eMskzhvT #licensing #reviews #enforcement

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Having trouble navigating the latest employment regulations? Bond Legal is here to simplify it all for you. Updates include adjustments to flexible working conditions, wage increases and alterations to annual leave entitlement. For further insights into these new laws, explore my latest blog post: https://lnkd.in/dCRHYPa8 Any questions feel free to send me a DM! #employmentchanges #HRadvice #employmentregulations

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The JCT has just published its new forms of contract. My colleague, David Lukic, expresses his initial thoughts here: https://lnkd.in/euNDNE7f Watch out for David's in depth analysis of these changes.

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In our latest employment law podcast, we look at what we can learn from the recently published employment tribunal statistics including the highest awards of compensation made. https://lnkd.in/egSDz2Db

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Want to understand what the post election employment law landscape might mean? Have a read of our brilliant employment lawyers blog outlining the proposed changes for each party in their #manifesto #logistics #hgv #bus #coach #employmentlaw #election2024 #mp #employee #roadtransport

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