Articles

Katherine Anderson considers DB v Academy Transformation Trust (SEND) [2022] UKUT 66 (AAC) in which the Upper Tribunal held that the First-Tier Tribunal (SEND) has no power to stay a permanent exclusion decision pending the final hearing of a disability discrimination claim and considered First-tier and Upper Tribunal powers to regulate procedures or decisions outwith their own procedures.

Katherine Anderson considers DB v Academy Transformation Trust (SEND) [2022] UKUT 66 (AAC) in which the Upper Tribunal held that the First-Tier Tribunal (SEND) has no power to stay a permanent exclusion decision pending the final hearing of a disability discrimination claim and considered First-tier and Upper Tribunal powers to regulate procedures or decisions outwith their own procedures.

Jim Hirschmann analyses PM v Worcestershire County Council [2022] UKUT 53 (ACC), a case in which the Tribunal (1) clarifies the approach to be taken to pre-funded places attracting element 1 and 2 funding from ESFA (2) suggests that new, contradicting evidence may justify an application to set aside a FTT decision; and (3) indicates that a former failure by an education provider to provide EHCP provision may render such a provider unsuitable.

In this paper, Philip Bambagiotti discusses two aspects of the privilege question:

• What is the position of in-house counsel to the creation and maintenance of privilege?
• When using privileged documents, when can that privilege be lost because of 'Substance Disclosure'?

Mariya Peykova analyses the case of MDW Holdings Limited v James Robert Norvill and Ors [2022] EWCA Civ 883, in which the Court of Appeal brings important clarification of the principles applicable to the assessment of damages for breach of warranty and deceit in the context of a share sale.

Naomi Webber reviews the Northern Ireland High Court's decision on the challenge to teaching arrangements for Religious Education and Collective Worship in Controlled Primary Schools.

Joseph England summarises the first instance case of Burke v Turning Point Scotland ET Case no. 4112457/2021, in which the ET analysed the Claimant’s reliance on ‘long-covid’ and found that it did amount to a disability and therefore a discrimination claim could proceed.

The Tribunal Statistics for the quarter January to March 2022 were published on 9 June 2022. While they reveal new claims issued to be at the same level as pre-pandemic, the numbers of single claims issued are down compared to last year, with the number of multiple claims also decreasing.

In a change of law taking effect in July, nurses, occupational therapists, pharmacists (working in hospitals and GP practices) and physiotherapists will be able to provide fit notes, in addition to GPs.

Ashley Blood-Halvorsen analyses for Lexis Nexis the case of Quantum Advisory Ltd v Quantum Actuarial LLP [2022] EWHC 1423 (Ch), which reminds us of the importance of clear comprehensive drafting in relational contracts.

This article was first published by LexisPSL on 24 June 2022.

An employer cannot avoid the requirements of the ACAS Code of Practice (and the award of an uplift to compensation) by disguising a dismissal as redundancy, says the EAT: Joanna Laxton reviews Rentplus UK Ltd v Coulson [2022] EAT 81.

Alex Leonhardt reviews Department for Work and Pensions v Mrs Susan Boyers [2022] EAT 76, in which the EAT gives useful advice on the above matters (for the second time in the same case).