The Court of Appeal in John Doyle Construction Ltd v Erith Contractors Ltd [2021] EWCA Civ 1452 has recently cast significant doubt on the right of a company in liquidation to enforce an adjudication decision by way of summary judgment (i.e. quickly
More about Adjudication alert: Adjudication in vain? Insolvent company fails to enforce adjudication decisionIn this series, Natalie Pilagos answers some frequently asked questions in relation to adjudication, which is in practice, the primary forum of dispute resolution for construction disputes. Where did adjudication come from? By the 80’s, unfair payment practices in the
More about Adjudication: Part 1 – The basics“The employment status of gig economy workers has been a hot topic in employment law, culminating in the Supreme Court’s decision last year in Uber v Aslam. In that landmark case, drivers using the Uber app were held to be ‘workers’
More about The ongoing debate over worker statusA Sandbox is a testing environment which isolates untested and experimental projects from the real world environment allowing their development in a safe and controlled manner. The sandbox provides organisations with a free service from the ICO. The sandbox is open
More about The regulatory sandboxThere has been a further judgment in the Wilson & Maloney v McNamara litigation. The High Court had referred to the Court of Justice of the European Union (CJEU) during the Brexit transition period the question of whether the exclusion under English
More about Bankruptcy and overseas pension schemesAny employer who employs eligible jobholders, even just one, has duties under the automatic enrolment legislation (AE Obligations). These can be split into two elements: the initial AE Obligations at the start of an eligible jobholder’s employment, and the on-going
More about Part 2 – What can an employer do where TPR has found it in breach of the automatic enrolment legislation for failing to pay contributions – The review and appeal processPension overpayments are a fact of life. Mistakes happen, erroneous scheme records are often left unchecked, benefits are transferred-out and members’ personal circumstances change. These factors and more can lead to trustees and administrators having to take decisions on overpayments
More about Part 3 – Recovery of pension overpaymentsSecretary of State for Business, Energy and Industrial Strategy v Lord [2022] EWHC 21 (Ch) is a judgment of Deputy ICC Judge Paul Greenwood on an application under s 6 Company Directors Disqualification Act 1986 for a disqualification order against a
More about Secretary Of State For Business, Energy And Industrial Strategy v Lord [2022] EWHC 21 (ch)