Businesses entering into agreements giving them a discretion over the fees they charge (or any other matter) must be able to show they have not exercised that discretion capriciously, arbitrarily or irrationally – or the court may penalise them, a recent ruling makes clear.
Employers considering whether to make adjustments for an ill or injured employee should consider whether or not the employee is disabled in light of what the employee and their GP say, and any Occupational Health (OH) advice received. However, they must properly consider (not blindly accept) what they are told, or risk acting unlawfully.
Businesses carrying out internal investigations should check whether their records of investigations are protected by litigation privilege, and do not have to be disclosed to the other side in legal proceedings, following a recent ruling.
Businesses will welcome a Court of Appeal ruling clarifying how commercial agreements are to be interpreted, and the circumstances in which terms may be implied into such agreements.
Members of LLPs should consider their potential liability to compensate a member for losses, including potential future loss of earnings, if they expel that member (even if lawful) – if the losses are attributable to unlawful treatment of the member because of their whistleblowing before expulsion.