Month: April 2023

‘In Andrew Carr v Brands Transport Limited [2022] EWHC 3167 (KB) the Claimant was the sole director and 80% shareholder of the Defendant company. He suffered catastrophic brain injuries when he fell some 14 feet onto concrete whilst loading a car on a transporter that was defective due to the fault of an independent contractor. The court held however that the Defendant was liable with the Claimant being 40% contributorily negligent.’

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3PB, March 2023

Source: www.3pb.co.uk

‘The case of Paul Chadwick v (1) RH Ovenden Limited and (2) Rian Hamilton [2022] EWHC 1701 (QB) concerns an accident which occurred on Manston Airfield (“the Airfield”) in an unused cargo plane. The Claimant, Mr Chadwick, was badly injured during the process of dismantling the plane (“the Accident”). The case examines the employment relationships as between the Claimant and the two Defendants; it serves as a helpful recap on workplace negligence principles and provides a cautionary tale on the importance of workplace risk assessments.’

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Gatehouse Chambers, 7th March 2023

Source: gatehouselaw.co.uk

‘In this recent authority, Mrs Justice Theis DBE considers an appeal following a fact-finding hearing on the grounds that Part 3A and Practice Direction 3AA Family Procedure Rules 2010 were not complied with by the judge. This appeal was allowed, the findings were set aside and the case was remitted to the Designated Family Judge to consider a re-hearing. This case provides a helpful legal framework of the important provisions when the case involves a vulnerable party.’

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Parklane Plowden Chambers, 10th March 2023

Source: www.parklaneplowden.co.uk

‘Laurene Veale has written an analysis of a recent judgment of the European Court of Justice on religion and protected belief discrimination for the Discrimination Law Association.’

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Cloisters, March 2023

Source: www.cloisters.com

‘The Claimant appealed against a decision under Rule 37(1)(a) of the Employment Tribunal Rules, striking out claims of indirect discrimination, victimisation, failure to make reasonable adjustments, harassment, and discrimination arising from disability, on the ground that the claims had no reasonable prospect of success. The struck-out claims arose from the way in which grievances had been addressed (but did not concern the substantive outcome of the grievances).’

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Parklane Plowden Chambers, 22nd March 2023

Source: www.parklaneplowden.co.uk

‘The knotty matter of having to issue personal injury and fatal accident claims occurring on ships in the Admiralty Division of the High Court is soon to addressed by amendments to the Civil Procedure Rules which will be launched on 6 April 2023.’

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Parklane Plowden Chambers, 20th March 2023

Source: www.parklaneplowden.co.uk

‘Employees are currently protected against harassment committed by their employer (s.26(2) EqA 2010). However, modern workplaces mean that many workers often interact with third-party contractors or partner organisations during their working days. Frequent interaction with customers is also of course common for many, and high-profile companies such as Ikea and McDonalds have recently signed up to agreements with the Equality and Human Rights Commission (the Commission) relating to sexual harassment policies.’

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Parklane Plowden Chambers, 24th March 2023

Source: www.parklaneplowden.co.uk

‘Recent reports suggest that some of the changes set out in the Ministry of Justice’s 2022 ‘Root and Branch Review of the Parole System’ may be brought forward in the Victims Bill.’

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Doughty Street Chambers, 2nd March 2023

Source: insights.doughtystreet.co.uk

‘The question decided by the court in this case was whether, by the Claimant revealing in a witness statement that his solicitors “took time to make progress with my claim, primarily because they felt that the business Fashion did not look at all valuable and did not appear to present a target worth pursuing“, he could be said to have waived privilege in relation to the advice given to him, such that it was appropriate to order disclosure of supporting documentation relating to the subject matter of the waiver.’

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Exchange Chambers, 23rd March 2023

Source: www.exchangechambers.co.uk

‘These cases, which were appeals from the County Court to the Court of Appeal, dealt with the construction of section 3 of the Civil Liability Act 2018 (“the Act”). The Court of Appeal was divided on a 2:1 majority (with the Master of the Rolls dissenting). This summary will focus of the binding decision of the majority judgment.’

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3PB, March 2023

Source: www.3pb.co.uk