Publications

The latest publications from Devonshires.

From thought leadership pieces to basic training resources, our lawyers regularly produce leaflets, briefings, newsletters and brochures. Our aim is to help keep our clients ahead of the curve.

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Employment Brief – Spring 2018
Welcome Welcome to our latest round up of employment law and cases. In this edition we consider the important judgment relating to shared parental leave and whether it is discriminatory to pay enhanced maternity pay but only statutory shared parental pay. We have also considered the important changes in relation to the tax treatment of
Shared Paretnal Leave & Discrimination
In two key cases, the Employment Appeal Tribunal has confirmed that it is not directly discriminatory to pay enhanced maternity pay but only statutory shared parental leave pay. However, there is a risk that such a practice could be indirectly discriminatory. Direct Discrimination: Ali v Capita Mr Ali’s wife suffered from post natal depression and
Payment in Lieu of Notice (PILON)
Taxation of Termination Payments. From April this year, all payments in lieu of notice (PILON) are now subject to tax. This change is designed, in the words of the government, to “simplify and tighten” the rules around the taxation of termination payments and represents is a significant change from the previous position where different arrangements
Perceived Disability Discrimination
The case of The Chief Constable of Norfolk v Coffey is an important reminder that an individual does not always have to have a particular protected characteristic in order to be discriminated against on the basis of that characteristic. In the first case of this kind, a police officer was found to have been discriminated
Effective Date of Termination: Cosmeceuticals Limited v Parkin
The Employment Appeal Tribunal has confirmed that the effective date of termination of an employee who is summarily dismissed and then given notice will be the date of the summary dismissal and not when the notice expires. When does a dismissal occur? Under the Employment Rights Act 1996, an employee will be dismissed if their
GDPR is here
On 25 May 2018 the much awaited GDPR came into force. This piece of EU legislation will have a significant impact on the requirements employers must fulfil in order to lawfully collect and process personal data about their employees. It’s therefore important that employers are not only aware of the changes and new rights for
Litigation Know How: Staying ahead of the game Spring 2018
Welcome 2017 saw Devonshires’ Commercial Litigation team involved in some of the leading cases in the UK courts. For example, in June 2017 we acted for Canaccord Genuity Wealth (International) Limited in successfully defending a substantial claim for damages and quantum meruit for £5m. We also acted for the partner of Sergei Pugachev, ‘Putin’s banker’,
Changes to tax evasion laws: How to comply
The publication of the Paradise Papers put the spotlight on the world of tax havens and has led to increased scrutiny of companies’ tax practices. This has already led to changes in the law, such as the Criminal Finances Act 2017. In this article, Pauline Lépissiér examines the impact of this and how businesses must
Oh my Ghosh: Honesty has been redefined
A recent legal case has redefined the test for criminal dishonesty, which could have a major impact on numerous regulatory and fraud cases. All regulated businesses and individuals should be aware of these issues. In this article, Sam Moodey looks into this case in detail and considers what steps businesses of all sizes should be
A guide to e-disclosure and avoiding pitfalls
From the moment your organisation becomes aware that it might become involved in a dispute, you have a duty to retain relevant documents and ensure they are not deleted either intentionally or because of data retention policies. As first published by external agency, IT Group. E-disclosure refers to the search for disclosure of all relevant
Crowdfunded litigation – The future?
With the growth of the internet and social media, it is hardly surprising that the concept of crowdfunding has in recent years extended far beyond its first origins in the publishing industry and in the funding of military conflict through war bonds. In this article Matthew Garbutt explains how crowdfunding can be used as a
Recent Case Highlights
Over the last year, Devonshires’ Commercial Litigation team has continued to represent a wide array of clients, including ultra high net worth individuals, large multinational companies, regulatory bodies, housing associations, and SMEs. Outlined below are just some of our recent highlights: In June 2017, we successfully defended a substantial claim for damages and quantum meruit