The first rulings by the employment courts on the outsourcing aspects of the new TUPE regulations have reintroduced the uncertainty the revised rules intended to avoid, says Helena Davies
Gloster J's detailed recent judgment in JP Morgan Chase v Springwell Navigation [2008] EWHC 1186 (Comm) indicates that 'experienced investors' in the bond markets will find it difficult to argue that banks – via their salesmen – owe them any advisory duty or responsibility for investment decisions, where this would be inconsistent with the disclaimers and other terms expressly set out in the deal documentation.
The cost-benefit approach taken to the granting of group litigation orders has undermined the purpose of the rules introduced to provide access to justice for claimants unable to fund litigation, says Andrew Prynne QC
The Rent Pre-Action protocol may have limited scope but its application contains valuable lessons for all lawyers involved in possession proceedings, says Robert Jordan
The rush to set up the proposed Sentencing Commission risks sweeping away all the good work done by the Sentencing Guidelines Council and Sentencing Advisory Panel, says Paul Tain