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The Dispute Resolution team recently acted for two holidaymakers who suffered bed bug bites whilst abroad in Cape Verde on a package holiday with a well-known provider. Our team alleged fault and improper performance of the holiday contract in accordance with the Package Travel, Package Holidays and Package Tours Regulations 1992. Following negotiation, our team secured a global settlement for our clients in which they each took away significant four figure sums to compensate them for the pain and suffering caused by the bites and the loss of enjoyment they had encountered on their holiday as a result. The settlement was secured without the need for court action and also covered our client's legal costs.

The Dispute Resolution team were recently instructed to assist with securing vacant possession of a property for a landlord. The tenants failed to vacate the property following service of a Section 21 Notice, despite several reminders by the landlord. Our team assisted with issuing possession proceedings and secured a possession order against the tenants requiring them to vacate the property. Following a repeated failure to exit the property, Curzon Green obtained a warrant of possession and instructed Court bailiffs, eventually leading to successful repossession of the property by the landlords.

It can be difficult as a landlord to navigate the complexities of serving notice and getting problematic tenants to leave a property, but Curzon Green have considerable expertise to guide landlords through what can otherwise be a stressful and time-consuming process.

Acting on a no-win-no-fee basis, Curzon Green secured a substantial out-of-court settlement for their client who has been involved in a road traffic accident as a pedestrian. The case involved cross-allegations of contributory negligence and complex medical evidence concerning multiple injuries. The claim was settled on a Part 36 basis, meaning that our client's costs will be recovered in addition to damages.
Curzon Green made a successful application for an interim injunction to protect their client's confidential information and customer data from a former director of the company. Amongst other orders, the defendant was ordered to deliver-up the confidential information and ordered not to use it pending the final outcome of the proceedings. The application was made in the context of a complex commercial dispute involving numerous heads of claim. The case continues and has been listed for a speedy trial in the New Year.
The Dispute Resolution Team acted for a Claimant who suffered injuries at work after sustaining a deep laceration to his hand whilst operating sharp machinery. The team commenced a claim against the employer for negligence and breach of statutory duty arising from their failure to provide adequate training, safe equipment and safe protective gear. The team's detailed and substantiated allegations led to the Defendant admitting liability early on. Discussions ensued with the Defendant in relation to the damages to be awarded to the Claimant. The team managed to negotiate damages in excess of £9,500 to compensante the Claimant for his pain and suffering, and for the gratuitous care provided by his wife during his recovery.
We are pleased to announce that Sukhi Bagha has been promoted to partner, with Jessica Bass and Lauren McLaughin promoted to junior partner. We are planning on holding a party to celebrate in January 2020.
We are pleased that our Family Law department have again been recommended by the Legal 500 with it being recorded that the firm "has a solid reputation for dealing with the financial implications of relationship breakdown for mid to high-net-worth clients. The firm also has strength in child arrangement matters and is developing a practice in the area of family privacy including cases of revenge porn."

Curzon Green's London Employment Lawyers were instructed in the first (and quite possibly the last) apellate judgment on employee shareholder status under S.205A of the Employment Rights Act 1996.

Employee shareholder status was a form of employment status in force between 1 September 2013 and 1 December 2016. It allowed employees to give up some of their employment rights (such as a statutory redundancy payment or to bring a claim for unfair dismissal) in exchange for shares in their employer's company. The Appellant in this case, along with other senior members of the New Look management team, became an employee shareholder in 2015. Employee shareholder agreements were executed following assurances by New Look that they would gain tax advantages, and that once the tax advantages had been realised the employment protections would be reinstated. Over the next 3 years the Appellant's employment terms were varied upon a number of promotions and a new directors' service agreements were executed by the management team in 2017. None of these contractual variations explicitly gave him (or his fellow directiors) back the employment rights signed away for the tax benefits of employee shareholder status in 2015, even though their "entire agreement" clauses indicated to the Appellant that any previous agreement(s) would be superseded.

The EAT accepted that in principle, legally, employee shareholder status may be terminated if the parties enter into a subsequent inconsistent contractual arrangement. However, on the facts in this case (as decided by the Tribunal) the subsequent service agreement was not inconsistent with employee shareholder status and the Appellant cannot bring a claim against New Look for unfair dismissal following his termination as its Managing Director UK & ROI and Interim CEO, accordingly.

Jennifer Sole and our Employment Team in London recently concluded a claim which involved allegations of direct and indirect disability discrimination, discrimination arising from disability and harassment of an employee by her US financial services employer, following her diagnosis with terminal cancer.

Jennifer successfully negotiated the dispute just hours prior to the 3-day Tribunal hearing, achieving a six-figure settlement sum; which Counsel advised was around 4 times the value of any award whoch would be made following a Tribunal "win" on all counts. The settlement agreement contained a very limited "gagging" clause, enabling the Claimant's widower to talk about the case and its conclusion factually, while avoiding the need to give evidence in stressful, uncertain and sad circumstances, following his wife's death.

Our London Employment Team has successfully secured an Unless Order and struck out part of a claim.

The Employment Team acted for the Respondent company. The Claimant failed to comply with original deadlines set down by the Tribunal.

After notifying the Tribunal of these issues, an Unless Order was granted. This meant that unless the Claimant complied with the new deadline, the claim would be struck out.

Following the Claimant's continued failure to comply, the claim was automatically struck out.

If you are engaged in proceedings, it is imperative to recognise the importance of complying with Case Management Orders set down by the Employment Tribunal - failure to comply is not taken lightly and could lead to the claim being struck out. We are able to advise on practice and procedure having experience acting for both Claimants and Respondents in employment litigation.

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