Monthly Archives: January 2018

FX client obtains pre-action disclosure order against bank in front-running claim

In the case of The ECU Group plc v HSBC Bank plc[i], the High Court has held that an applicant was entitled to pre-action disclosure where there was the question of an expired limitation period. Facts ECU is a currency debt …

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Currency trader challenges FCA ban over LIBOR conduct

UBS forex trader blames senior managers at the bank for mandating LIBOR misconduct

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Wealth Manager held in breach of contract

Full Circle Asset Management has been held to have been in breach of its contractual terms with an investor by allowing the risk profile to exceed what had been agreed and by failing to operate the agreed stop-loss policy.

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Law Commission to Review Law on Surrogacy

The Law Commission has this week announced that it will be conducting a full review of the law relating to surrogacy arrangements as part of its 13th Programme of Law Reform.Surrogacy describes a situation where a woman bears a child on behalf of another person or people. Historically this has tended to be for reasons of health or infertility, although in recent years it has also become an increasingly popular option for gay couples, as same-sex relationships have become increasingly recognised, accepted and finally legitimised in society and the law.The current laws on surrogacy are woefully out of date and were created in a completely different social and political landscape. As a result the court frequently struggles to make the necessary orders (which are almost inevitably in the best interests of the children concerned) in a way that is not inconsistent with the inflexible language of the existing statute. There are also some rules that seem inexplicable by modern standards, such as the prohibition on single people obtaining a parental order, and a need for a proper policy debate about whether commercial surrogacies should be allowed in this country.The Collyer Bristow family team have long supported the formation of ‘alternative’ family structures and are delighted that this issue will now receive the attention it deserves. In recent years we have seen many people feel compelled to look abroad for surrogacy opportunities and we hope that by simplifying and modernising the process it will become far easier for those who need to go down this route to have the family they so want.

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Targeted Job Advertising – Age Discrimination?

Facebook and other online job advertisers are facing criticism because they are allowing recruiters to place job adverts that are only visible to users within a certain age bracket.   Commentators have suggested that this could be in breach of US anti-discrimination legislation.  Of course, the UK also has its own legislation against age discrimination.  Age was the last characteristic to become protected (some 40 years after sex and race) and is still the one that employers tend to forget about.  Placing a job advert in a publication or on a website that appeals to a certain demographic is one thing (although it could still perhaps be used as evidence of age discrimination, alongside other factors).  But to actively tick a box to make a job advert not visible to those outside of a certain age range shows clear intent to discriminate on the part of the prospective employer. As employment solicitors, we would advise against this sort of targeted advertising where the targeting relates to any protected characteristic.  Most recruiters would never dream of advertising a job in such a way as to suggest a candidate of a certain race, religion, sex, or sexual orientation would be preferred.  But age is one area where employers are still inclined to profile applicants.  Job adverts also need to be worded carefully: references to maximum number of years’ experience can unfairly prejudice older applicants; even specifying a minimum number of years’ experience can be risky – it should only be a requirement if it really necessary for the role;describing the type of applicant you want can be risky – “would suit recent graduate” implies a younger candidate will be preferred;even words like “mature”, “active”, or “energetic” can suggest a certain age profile.  

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