header-logo header-logo

14 October 2022
Issue: 7998 / Categories: Case law , In Court , Law digest
printer mail-detail

Law Digests: 14 October 2022

Employment

108 Medical Ltd v Millar [2022] EWHC 2303 (KB), [2022] All ER (D) 04 (Oct)

The King’s Bench Division held that the claimant company had proved that the defendant (an accountant and former employee of the claimant) had made, and received, sums of money from the claimant that had exceeded those that he had been contractually entitled to. The defendant had argued that the relevant payments had either all been accounted for by means of salary sacrifice, and/or that they had been separately agreed with the then majority shareholder and ‘guiding force’ of the claimant, without any change to the defendant’s contract of employment or any other memoranda or paperwork being created regarding the same. The court ruled that: (i) the defendant’s remuneration package was as set out in his contract of employment; (ii) the court had not been taken to any documentary evidence to demonstrate that that contract had ever been varied; (iii) on the facts, the tort of conversion was complete and the defendant was liable to repay the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
Operation Soteria, a 2021 initiative which protected rape victims from excessive scrutiny during police investigations, is being expanded into the courtroom, the Ministry of Justice has said
Civil and judicial review claims are being processed faster than this time last year despite the number of judicial reviews increasing by 56% to 1,100 applications, the latest civil justice statistics quarterly, published this week, have shown
The collapse of law firms Axiom Ince and SSB Group demonstrate the need for the Legal Services Board (LSB) to strengthen its oversight of frontline regulators, Law Society president Mark Evans said this week

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
back-to-top-scroll