Category: holidays
Part 36: Is There Any Value in a Split Liability Offer? – Pump Court Chambers
‘In the recent case of Mundy v TUI UK Ltd [2023] EWHC 385 (Ch), the High Court (Collins Rice J) provided helpful clarification about when Part 36 offers deal with an apportionment of liability.’
Pump Court Chambers, 27th March 2023
Source: www.pumpcourtchambers.com
Easter Break
There will be no posts over the Easter holiday. We will resume posting on 11th April 2023.
Part 36 Offers: Say It Like You Mean It! – Ropewalk Chambers
‘In Mundy v TUI UK Ltd [2023] EWHC 385 (Ch) (judgment available here), Collins Rice J heard an appeal which considered the implications of the Claimant’s Part 36 offer to split “liability” at 90%/10%.’
Ropewalk Chambers, 6th March 2023
Source: ropewalk.co.uk
Split liability offer did not meet Part 36 requirements – Law Society’s Gazette
‘A claimant’s 90/10 liability offer went against both the letter and spirit of civil procedure rules on Part 36, a High Court judge has ruled.’
Law Society's Gazette, 16th March 2023
Source: www.lawgazette.co.uk
Unfavourable Treatment and section 15 Equality Act 2010 – Local Government Lawyer
‘Peter Doughty unpacks the decision in Michael Cowie and Others v Scottish Fire and Rescue Service [2022] EAT 121, which involved a Special Leave scheme set up during the pandemic.’
Local Government Lawyer, 16th September 2022
Source: www.localgovernmentlawyer.co.uk
Full leave And Full Pay for Every Worker: Harpur Trust v Brazel – Old Square Chambers
‘The entitlement to 5.6 weeks’ paid annual leave in the Working Time Regulations (WTR) is fairly straightforward to operate for full-time employees, working five days a week and paid a fixed salary. The employer just needs to let them take five weeks and three days off work, and carry on paying them their salary. Ever since the seminal judgment of the CJEU in BECTU we have known that the right in the parent Directive applies to all workers, without exception, from day one. But what does a right, expressed in weeks, mean for those, often misleadingly referred to as ‘atypical’ workers, who work only some days a week, only some weeks of the year or under a zero hours contract? What is the link, if any, between the time or hours worked and the period of annual rest?’
Old Square Chambers, 20th July 2022
Source: oldsquare.co.uk
Clarity for Irregular Workers: Paid Annual Leave Accrual in the Supreme Court – Littleton Chambers
‘Joel Wallace provides a review of the recent Supreme Court decision in Harpur Trust v Brazel [2022] UKSC 21. A copy of the judgment can be found here. Topics include: annual leave entitlement, annual leave pay, zero-hour contracts, gig workers and irregular workers.’
Littleton Chambers, 28th July 2022
Source: littletonchambers.com
Court of Appeal to consider appeal from council over whether cost of holidays and recreation for people with care needs can fall to be met under Care Act 2014 – Local Government Lawyer
‘The Court of Appeal will this week (16 June) will this week consider the role of local authorities, under the Care Act 2014, in respect of facilitating holidays and recreation for people with care needs.’
Local Government Lawyer, 14th June 2022
Source: www.localgovernmentlawyer.co.uk
Warwickshire fraudster jailed over fake Covid certificates – BBC News
‘A fraudster who conned holidaymakers into paying for fake Covid-19 certificates has been jailed.’
BBC News, 17th May 2022
Source: www.bbc.co.uk
Does the platinum jubilee bank holiday entitle a contractor to an extension of time? – Practical Law: Construction Blog
‘An additional bank holiday has been created in the UK this year to celebrate the Queen’s Platinum Jubilee. Does this entitle a contractor to claim an extension of time? A client recently asked this question in the context of a project using the JCT Design and Build Contract 2016. It certainly throws up a number of issues.’
Practical Law: Construction Blog, 4th May 2022
Easter Break
There will be no posts over the Easter period. We will resume posting on 19th April 2022
Firm to pay £26,500 to worker sacked for not coming in on Jewish holiday – Law Society’s Gazette
‘An employment tribunal has ordered that a firm pay around £26,500 to a Jewish employee sacked after he did not come to work on Passover.’
Law Society's Gazette, 7th March 2022
Source: www.lawgazette.co.uk
Briton gets high court go-ahead to sue Interpol chief over torture claim – The Guardian
‘A British football fan who claims he was tortured and falsely imprisoned in the United Arab Emirates in 2019 while on holiday there to watch Asian Cup matches is suing the new head of Interpol.’
The Guardian, 8th February 2022
Source: www.theguardian.com
Christmas Break
There will be no posts during the Inner Temple Library’s Christmas closure period which starts at 2pm on 21st December. We will resume posting on 4th January 2022.
Happy Christmas and thanks for reading!
Legal challenge to hotel quarantine policy goes to Court of Appeal – BBC News
‘A legal challenge to the Government’s mandatory quarantine hotel policy is to be taken to the Court of Appeal.’
BBC News, 9th December 2021
Source: www.bbc.co.uk
CMA launches court action against Teletext Holidays – gov.uk
‘The CMA has today launched court action against Teletext Holidays over inadequate progress on refunds to package holiday customers.’
gov.uk, 18th October 2021
Source: www.gov.uk
Claimant loses in Court of Appeal despite defendant offering no evidence – Law Society’s Gazette
‘The Court of Appeal has found – albeit by a majority verdict – in favour of a defendant who offered no evidence to support their case and did not cross-examine the claimant’s instructed expert. The ruling on uncontroverted evidence in Griffiths v Tui will be a blow for personal injury firms with hundreds of holiday sickness claims waiting on the result.’
Law Society's Gazette, 7th October 2021
Source: www.lawgazette.co.uk
Calls for employment law change as parents routinely forced to use holiday leave to look after sick children – The Independent
‘Parents are being forced to use holiday leave to look after their children when they get sick, a new study has found.’
The Independent, 7th October 2021
Source: www.independent.co.uk
Covid: Legal action begins over quarantine hotel rules – BBC News
‘A law firm representing travellers is taking the government to court over the UK’s quarantine hotel policy.’
BBC News, 13th September 2021
Source: www.bbc.co.uk
