Articles

John explores Court of Appeal case, Magic Investments SA v Broadbent and The Greater Good Fresh Brewing Co Limited [2026] EWCA Civ 711, where a contractual term has more than one possible meaning. He looks at how the court concluded interpretation best fits the contract as a whole and reflects commercial common sense, while also clarifying aspects of unfair prejudice claims.

John examines the recent case of Song & Zhao v Smith & Ors [2026] EWCA Civ 719, in which a shareholder who continued pursuing business opportunities after a joint venture partner withdrew from the company. In this case the court considered if they breached their fiduciary duties by not accounting for profits to the company, and whether that conduct amounted to unfair prejudice against the other shareholder.

Grace Holden analyses and summarises the cases of Deans v RBL Law Ltd et al [2026] EAT 76 and Harkins v Marks & Spencer PLC [2026] EAT 70, two recent judgments by HHJ Tayler that have provided helpful clarification on the procedure to follow when bringing and responding to appeals in the EAT.

Gareth Graham analyses the case of Kankanalapalli v Loesche Energy Systems Ltd [2026] EAT 49, in which the EAT concludes that labelling a job offer as ‘conditional’ does not necessarily prevent a binding contract being entered into.

Eaindra Cho reviews L Tarbuc v Martello Piling Limited [2026] EAT 58, a case which highlights that the inadmissibility of 'protected conversations' under section 111A only applies to ordinary unfair dismissal claims and not to other claims, like discrimination or unauthorised deductions from wages.

Simon Tibbitts examines DHL Services Ltd v Pawal Ignatowicz [2026] EAT 74, in which the EAT explores the differences between basic and compensatory fault reductions in practice and highlights how conduct after even an ET finding to reinstate could end up being considered when assessing the practicability of reinstatement.

Alex Leonhardt analyses the case of McKenzie v First Greater Western Limited [2026] EWHC 868 (KB), in which the High Court considered the principles governing injunctions to restrain employers proceeding with disciplinary processes.

Jack and Matthew offer useful best-practice guidance in relation to making applications to admit fresh evidence in appeal cases.

Stephen Wyeth summarises the recent Employment Appeal Tribunal decision of Williams J in Khakimov v Amova Asset Management UK Ltd (formerly Nikko Asset Management Europe Ltd) [2026] EAT 47 concerning the proper identification of the “something arising” under section 15 Equality Act 2010 (“EqA”), the role of agreed lists of issues, and the limits of appellate intervention in proportionality and perversity challenges.

Emma McIlveen examines how emotional support animals, once a personal coping mechanism, are finding their way into legal arguments and into the courtroom, carrying legal significance as part of the evolving duty to make reasonable adjustments.

David Parratt KC and Zhen Ye they explore the practical implications of DIFC Courts confirming a defendant who attempted to cancel two court orders, focused on property located in Dubai, an Enforcement Order and a Receivership Order, that had been issued to support decisions made by an English court.

Michael Vora has written an article on The Property Act 2025 marking a significant development in the treatment of digital assets under English law.