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These articles are provided for general interest and information only. They do not constitute legal advice. Whilst every effort is made to ensure that the content accurately reflects the law in England as at the date of preparation, no liability is accepted for any loss or damage arising from any act or omission resulting from any information contained herein.


Announcing our latest fairtrade hamper winner: 2010-06-04

Mr Andy Korsak is the latest winner of an excellent Fairtrade hamper by virtue of subscribing to receive ABD Newsletters by email.

The winner was chosen by a draw of all those who have subscribed to our informative Newsletters since the last winner was announced. Sharon Mann of our Calne office handed over the hamper to Mr Korsak.

If you would like to subscribe to our...
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Transfer as a Going Concern and VAT: 2010-06-03

When a business which is already trading is sold, the transfer of the business to the new owner will normally be treated for VAT purposes as a ‘transfer as a going concern’ (TAGC). This is an important VAT concept, because a TAGC is not a taxable supply – no VAT is charged and none is recovered. There are various criteria which have to be met for a transfer to qualify, the...
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Sacked Delivery Driver Wins Unfair Dismissal Claim: 2010-06-03

A delivery driver who claimed that he had been bullied by his female boss has been awarded £3,300 in compensation for unfair dismissal.

Alex Frowd began working for Hex Holdings in Cardiff three years ago. He told the Cardiff Employment Tribunal (ET) that at first he had enjoyed a good working relationship with the Office Manager, Julie Cummings, but this soon deteriorated. He...
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£23,300 for Asbestos-Related Claim: 2010-06-03

A former pipe fitter who worked for Michelin Tyre plc has been awarded £23,300 in compensation after he developed a respiratory disease from exposure to asbestos in the workplace.

Roy Ibbs was employed by Michelin between 1969 and 1985, during which time the air at work was often filled with asbestos dust. He has since developed asbestosis, an inflammatory condition of the lungs...
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Banker Age 42 Wins Age Discrimination Claim\: 2010-06-03

Achim Beck, a 42-year-old German banker based in London, has had his claim of age discrimination against his former employer, the Canadian Imperial Bank of Commerce (CIBC), upheld by the London South Employment Tribunal (ET).

Mr Beck joined CIBC in 2007 as head of the derivatives marketing team at Managing Director level. He was on a salary plus guaranteed bonus, which together...
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Builder Saved by Contract Over Faulty Flue: 2010-06-03

In a recent case, a builder who included a contractual term which reduced his liability in tort (i.e. for a civil wrong) found this was sufficient to defeat a claim brought by a customer.

The builder had constructed a house which contained two gas fires. These were ventilated by flues, which the builder had also constructed. Fifteen years after the house was built, the owner had a gas...
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Damages for Worker Shot by Firearms Training Officer: 2010-06-03

A police civilian worker who was shot during a firearms safety demonstration has won a six-figure sum in compensation.

Keith Tilbury, 56, a 999 control room operator at the Thames Valley Police Headquarters in Oxfordshire, was attending a demonstration by a police firearms training officer. The officer loaded a .44 Magnum revolver with what he thought was an inert round from ammunition...
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Director Fined for Neglecting Legionella Risk: 2010-06-03

The managing director of a West Midlands company has been fined after neglecting to control legionella, the bacterium which causes Legionnaires’ disease, at its business premises.

In spite of warnings from water treatment contractors, Ernest Jones of Coseley-based First Metal Finishers Ltd. had failed to put in place measures to prevent the growth of the bacterium. Mr Jones...
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Injured Cyclist Receives £17,000: 2010-06-03

A cyclist who suffered serious injuries after the wheel of her bicycle hit a hole in the road has won almost £17,000 in damages.

The unnamed 59-year-old woman was commuting to work when the accident happened. In her path was a sunken drain in a large hole in the road. This had filled with rain water, which hid the pothole from view. The woman’s bicycle hit the hole and she...
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Skidoo Accident Victim to Receive Millions: 2010-06-03

A fitness instructor who is now confined to a wheelchair following a snowmobile accident at an Italian ski resort has won the right to millions of pounds in compensation.

Emma Moore, 41, was on a family holiday at the Alpine resort of Passo Tonale. She had taken a ‘skidoo sensation’ excursion organised by an Italian businessman, Adriano Tantera. The accident happened when...
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