Posts By: Schofield and Associates

Disabled Nurse Denied Reasonable Adjustments Wins Substantial Damages

<p>Managing an employee&rsquo;s return to work after a long period of sickness absence can be a highly sensitive matter. A case in which a visually impaired nurse was awarded more than &pound;30,000 in damages serves as an instructive illustration of how it should not be done.</p> <p><img alt=”Nurse” src=”″ style=”border-style:solid; border-width:0px; float:left; margin:2px 7px” />The… Read more »

Leading Barrister Wins Libel Damages Following Unjustified Press Criticism

<p><img alt=”Newspaper” src=”″ style=”border-style:solid; border-width:0px; float:right; margin:2px 5px” />The good reputation of lawyers and other professionals is the whole basis of their livelihoods and, if they are subjected to unjustified press criticism, it is only right that compensation is paid. In a case on point, a leading criminal barrister won libel damages from two national… Read more »

Individual Hardship Tips the Balance Against Non-Compete Covenant

<p>When deciding whether to enforce non-compete covenants in employment contracts, judges often have to perform a delicate balancing exercise between protection of legitimate business interests and individual hardship. A High Court ruling in a recruitment industry dispute provided a perfect example of that happening.</p> <p><img alt=”Teacher’s desk” src=”″ style=”border-style:solid; border-width:0px; float:left; margin:2px 7px” />A recruitment… Read more »

Professor Wins £2 Million Slice of Profits Generated By His Invention

Creative people who are ‘employed to invent’ have historically enjoyed few rights to the financial fruits of their labour. However, in a landmark ruling that signals a significant change to that position, the Supreme Court awarded seven-figure compensation to a professor whose brainchild proved a money-spinner. Whilst employed by a subsidiary of a multinational group,… Read more »

Bankruptcy Order Annulled Following Debtor’s Emigration to Australia

The jurisdiction of the English courts is not limitless and a debtor who is resident and domiciled overseas cannot be made bankrupt in this country unless it is shown that he ‘carried on business’ here. The High Court analysed the meaning of that phrase in a ruling of importance to insolvency practitioners. The case concerned… Read more »

Solicitor Wins Injunction to Halt Student’s Harassment Campaign

<p><img alt=”Laptop” src=”″ style=”border-style:solid; border-width:0px; float:right; margin:2px 5px” />Lawyers often find themselves amidst the maelstrom of dispute when representing their clients and there is always a risk that they will themselves be targeted by those who fail to understand their role. A High Court case showed, however, that like anyone else, they are entitled to… Read more »

What Is a Protected Philosophical Belief? Court of Appeal Gives Guidance

<p>Employees who suffer discrimination due to their philosophical beliefs are entitled to compensation &ndash; but how are such beliefs to be defined? The Court of Appeal tackled that burning issue in the case of a woman who was sacked for refusing to sign an agreement designed to protect her employer&rsquo;s intellectual property rights.</p> <p><img alt=”copyright”… Read more »