The Employment Appeal Tribunal (the EAT) in X v Y Ltd (UKEAT/0261/17/JOJ) has ruled that an email of advice sent from one lawyer to another that contained legal advice on the dismissal of an employee is not subject to legal advice privilege due to the iniquity principle. Background The Claimant was employed by Y Ltd […]
Category: Legal Update
Interpretation of Contracts
In most commercial litigation there will be an issue as to what a contract means. So the interpretation or construction of contracts is a subject that preoccupies clients, their lawyers and the courts. The legal rules on the interpretation of contracts are relatively well settled, but it is a subtle art in which judicial mood […]
Mazarona Properties Limited v Financial Ombudsman Service
This case concerns the ability of the FCA to police the review process that it set up with so many banks in relation to the sale of interest rate hedging products (IRHPs). The decision suggests that the FCA (through the Financial Ombudsman) has no jurisdiction to consider what happened during the banks’ reviews. It will […]