‘Discrimination law is a complex and constantly evolving area of practice. Cases this year have provided clarification, enforcement and development of the legal principles underpinning claims under the Equality Act 2010 (“EqA”).’
3PB, 13th December 2022
Source: www.3pb.co.uk
‘The Court of Appeal allowed the appeal, holding that a party claiming a subsequent increase in their equitable share as a result of a post-acquisition changed common intention must show detrimental reliance on the changed common intention. In this case there had been sufficient detrimental reliance.’
Falcon Chambers, 22nd December 2022
Source: www.falcon-chambers.com
‘At the start of the Coronavirus pandemic in March 2020, the employer (via an external professional) carried out a Coronavirus risk assessment to identify areas of risk and put in place measures to protect its staff who worked in a large, ventilated factory space (about five employees in a space the size of half a football pitch). Despite this, on 27 March 2020 Mr Rodgers left the premises and subsequently made it clear to his employer he would not be returning until lockdown eased. A month later, having had no contact from Mr Rodgers, his employer terminated his employment.’
St Philips Barristers, 20th December 2022
Source: st-philips.com
‘The Claimant was employed by the respondent as a Security Officer from 24 March 2007. He was suspended on 12 April 2019. The Claimant was summarily dismissed on 24 September 2019 and he brought a claim in the Employment Tribunal for unfair dismissal and victimisation. The claim form hinted at some other claim of discrimination. The Claimant was at all times unrepresented.’
Farrar's Buildings, 20th December 2022
Source: www.farrarsbuilding.co.uk
‘In this brief note Justin Valentine, Counsel for the claimant, discusses an unusual case where serious sciatic nerve injury was sustained by the claimant shortly after her birth in the mid-1960s, but where she only became aware of the negligence in her 50s over 30 years after the end of the primary limitation period. Limitation was initially raised as an issue but was dropped at CCMC stage. The case settled subsequent to a JSM for approximately £1.6 million.’
St John's Chambers, 3rd January 2023
Source: www.stjohnschambers.co.uk
‘Spire Barristers’ pupils Lauren Gardner and Eleanor Suthern discuss The House of Lords Children and Families Act 2014 Committee published report “Children and Families Act 2014: A failure of implementation” in which Joint Head of Chambers, Sarah Blackmore was called to give evidence as a leading practitioner in the field of Family Law and the author of the practitioner text Family Justice Reformed – Developments since the Children’s & Families Act 2014.’
Spire Barristers, 9th December 2022
Source: spirebarristers.co.uk
‘This article provides an overview of the court’s powers in limiting evidence heard during family court proceedings. I will be examining some key lessons on this topic as heard in the recent case of Mother v Father [2022] EWHC 3107 (Fam).’
Becket Chambers, 20th December 2022
Source: becket-chambers.co.uk
‘The Public Interest Disclosure Act, which introduced Part IVA and S.103A into the Employment Rights Act 1996, was regarded as pioneering, world-leading, legislation when it was passed in 1998. The importance protecting whistleblowers has become generally accepted in the years since then, not only in the United Kingdom but in Europe and beyond.. It is a reasonable assumption that a great deal of “whistleblowing” takes place each and every day which, before 1998, would not have occurred and it does so without any adverse action being taken against the “whistleblowers”. That is a massive cultural change for the better. PIDA and those who framed it must take a great deal of credit for it. However there is no longer a consensus that the legislative framework and the way in which it operates in practice is fit for the purposes of, on the one hand, ensuring that responsible whistleblowers are protected from retribution and, on the other, seeing that those wrongs or hazards to which responsible whistleblowers have drawn attention are remedied or prevented. Indeed Georgina Halford-Hall CEO Whistleblowers UK, writing in the Introduction to All Party Parliamentary Group (APPG) Report “Making Whistleblowing Work for Society” said, “In 2020, PIDA is the equivalent of having teeth extracted without anaesthetic.” It is difficult to disagree. And in 2022 the orthodontic experience she was referring to is likely to be even more painful.’
Littleton Chambers, 5th December 2022
Source: littletonchambers.com
‘Dispute Resolution analysis: A large award of damages and/or equitable compensation has been made against the directors and connected companies of a company which was used to perpetrate a large scale labour supply fraud against HMRC.’
Gatehouse Chambers, 21st December 2022
Source: gatehouselaw.co.uk
‘A Court of Protection judge has ruled that a woman with type 1 diabetes and mental health issues can go home, after being deprived of her liberty in a specialist facility which she expressed she “hated” being in.’
Local Government Lawyer, 9th January 2022
Source: www.localgovernmentlawyer.co.uk
‘An employment tribunal has rejected disability discrimination claims made against a Welsh law firm by a paralegal dismissed after just nine days for his poor timekeeping.’
Legal Futures, 10th January 2023
Source: www.legalfutures.co.uk
‘The government will introduce a bill to Parliament on Tuesday which would ensure public sector services maintain minimum service levels during strike action.’
BBC News, 10th January 2023
Source: www.bbc.co.uk
‘The Transport Strikes (Minimum Service Levels) Bill, currently passing through the UK Parliament, seeks to establish minimum service levels for transport provision following widespread industrial action on the country’s railways. The UK government describes the Bill as necessary ‘to keep Britain moving during transport strikes’. While the legislation’s effectiveness has been questioned elsewhere, the Bill also raises several issues in relation to international human rights law, some of which will be the focus of this blog post.’
Oxford Human Rights Hub, 9th January 2023
Source: ohrh.law.ox.ac.uk
‘Where a local authority (the “Billing Authority”) has reasonable grounds for believing that a person (individual or company) is liable for national non-domestic rates (“business rates”) in respect to a premises (a “hereditament”), the Billing Authority is likely to serve a demand notice upon that person (the “alleged ratepayer”; or “demandee”) in respect to a liability period. The service of the demand notice being the first stage in seeking payment from the ratepayer.’
33 Bedford Row, 19th December 2022
Source: www.33bedfordrow.co.uk
‘Legal regulators can reduce the amount of enforcement work they need to undertake if they can build enough trust that lawyers will approach them before things go wrong, an event has heard.’
Legal Futures, 10th January 2023
Source: www.legalfutures.co.uk
‘In this episode, Emma-Louise Fenelon speaks to Margaret Bowron KC about how to avoid disastrous expert evidence.’
Law Pod UK, 9th January 2022
Source: audioboom.com
‘A former family doctor has received two more life sentences, after sexually assaulting four women during unnecessary examinations.’
BBC News, 9th January 2022
Source: www.bbc.co.uk
‘The Domestic Abuse Act 2021 came into force in April 2021. Section 65 of the Act (which amends the Matrimonial and Family Proceedings Act 1984 (MFPA) creates prohibitions which “prohibit cross-examination in person”.’
Garden Court Chambers, 23rd December 2022
Source: www.gardencourtchambers.co.uk
‘The chief executive of BrewDog has paid out almost £500,000 from his own pocket to winners of a bungled “solid gold” beer can promotion which he has admitted made the controversial brewer look “dishonest and disingenuous”.’
The Guardian, 9th January 2023
Source: www.theguardian.com
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