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14 October 2022
Issue: 7998 / Categories: Case law , In Court , Law digest
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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

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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