The Latest from Cloisters

News, Publications, Policies, Events and Blogs

What is the price of a breach of covenant?

Jacques Algazy QC and Adam Ohringer  consider the recent Supreme Court case of Morris-Garner v One Step (Support) Ltd [2018] UKSC 20 , which examined the availability of so-called Wrotham Park damages in claims for breach of contract.  The facts of the case were startlingly simple, as was the legal issue which arose; the Judgment of the C...
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Benkharbouche: EU Law reigns supreme (for now) & other important lessons

The legal press has mostly viewed Benkharbouche v SOS for Foreign and Commonwealth Affairs  [2017] UKSC 62 in the Supreme Court [“SC”] as a case which simply addresses the interplay between State Immunity and the Employment Tribunals.  But, the other significance to this case is that it contains commentary the on the supremacy of EU Law, ...
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Unintentionally wide non-compete clause: A warning from the Court of Appeal in Egon Zehnder Ltd v Tillman

Having previously blogged on this case (see here for that blog on Egon Zehnder Ltd v Tillman [2017] EWHC 1278 (Ch)), Jacques Algazy QC and Nathaniel Caiden consider the repercussions of the Court of Appeal judgment in Tillman v Egon Zehnder Ltd [2017] EWCA Civ 1054.   Background The facts of the case are summarised in the previous blog (see he...
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‘Promoting’ restrictive covenants – the start of a new direction of travel post Egon Zehnder Ltd v Tillman

‘Promoting’ restrictive covenants – the start of a new direction of travel post Egon Zehnder Ltd v Tillman
Jacques Algazy QC and Nathaniel Caiden consider whether the case of Egon Zehnder Ltd v Tillman [2017] EWHC 1278 (Ch) marks the start of a trend whereby restrictive covenants against employees will be increasingly upheld owing to an employer’s ‘future intention’ of the employees’ progress (that is promotions and increasing seniority).     ...
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Jurisdiction battles: Employment rules win

Jurisdiction battles: Employment rules win
Jacques Algazy QC , an expert at Cloisters on international and territorial jurisdiction and conflicts of laws, comments on the recent judgment of the European Court of Justice below.   In Ho lterman Ferho Exploitatie BV and others v Spies von Bullesheim C-47/14 , the CJEU definitively ruled in favour of the jurisdiction provisions applicable ...
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Greek Judge strikes a blow for parental leave equality

Greek Judge strikes a blow for parental leave equality
Case C-222/14 Konstantinos Maïstrellis v Ypourgos Dikaiosynis, Diafaneias kai Anthropinon Dikaiomaton – 16 July 2015 ; blog by  Jacques Algazy QC and Rachel Crasnow QC The Claimant, a male Greek Judge holding the status of a Civil servant, challenged the Greek legislation that provides that a male civil servant is not entitled to paid parenta...
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The recast Brussels regulation: to sue or not to be sued

The recast Brussels regulation:  to sue or not to be sued
Petter considers the recast Brussels regulation on jurisdiction  and the recognition and enforcement of civil judgments in an employment dispute, and provides useful guidance on the ambit of the regulation and the availability of an anti-suit injunction to enforce it...   To read the full article by Cloisters' Jacques Algazy QC ...
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Voluntary overtime: the beginning of the end of the ray of light

Voluntary overtime: the beginning of the end of the ray of light
By Jacques Algazy QC The judgement of the Northern Ireland Court of Appeal  (“NICA”) in Patterson  v Castlereagh Borough  Council marks the latest stage in the evolution of the case law on the calculation of holiday pay  and the concept of “normal remuneration” for the purpose of reckoning the appropriate entitlement. The Northe...
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The CJEU confirms meaning of “establishment”

The CJEU confirms meaning of “establishment”
By Jacques Algazy QC & Claire McCann In the Woolworths  case, the CJEU has confirmed that under the EU Directive on Collective Redundancies an employer’s obligations are triggered in respect of the single employing unit to which the affected employees are assigned and has declined to deal with the question of vertical direct effect. Backgr...
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