Our Knowledge

In a recent High Court decision in England, a hospital trust failed in its action to force a journalist to reveal the name of a source who had supplied him with confidential patient information.  This decision has brought into focus the competing interests of a patient's right to confidentiality of their medical records on the one hand, and freedom of expression on the other.

The European Commission (the "Commission") has published a short paper and a proposed revision to the existing 2002 Leniency notice with the aim of encouraging hesitant cartel members to blow the whistle on the schemes in which they are involved.

The ECJ has held in the conjoined cases of Robinson-Steele v PD Retail Services, Clarke v Frank Staddon Ltd and Caulfield & others v Hanson Clay Products Ltd that rolled up holiday pay is precluded by the Working Time Directive. However it also ruled that any payments already made in respect of holidays under a rolled-up holiday pay scheme can be set-off against the payments due during the holiday.

As the number of recent cases appearing before the courts relating to parking issues and disputes bears out, having the ability to park near your property is something of an emotional issue, and one on which people are quite prepared to litigate. Several cases over the last two or three years have considered whether or not a servitude right of parking could be said to exist, but in the recent Sheriff Court case of Holms v Ashford Estates Limited, title to the parking space in question had actually been given, and a right of access to the space granted.