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  • Clinical Negligence
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  • 'Here's one I made earlier!' Covert recordings in family proceedings

    10th May 2022

    3PB’s specialist family and education law barrister Aimee Fox examines a number of cases in which recordings have been admitted and their impact on the proceedings for LexisNexisUK Family Law.

    View Article
  • ET Procedure and the disclosure of Court documents to journalists

    5th May 2022

    Sarah Bowen analyses Guardian News & Media Limited v (1) Dmitri Rozanov (2) EFG Private Bank Limited (Media Lawyers Association Intervening), a case in which the EAT applies the Open Justice Principle in granting journalists access to skeleton arguments, witness statements and documents referred to in the judgment.

    View Article
  • EAT considers the correct pool for comparison in indirect discrimination cases

    5th May 2022

    Sarah Clarke analyses Allen v Primark Stores Ltd [2022] EAT 57, a case in which the EAT reminds us of the need to carefully consider the relevant provision, criterion or practice (PCP) when constructing the pool for comparison, making sure that the potential pool for comparison suitably tests the discrimination that is being alleged.

    View Article
  • Case Management Order unintentionally struck out claim

    5th May 2022

    Katherine Anderson reviews Mendy v Motorola Solutions UK Ltd and Others [2022] EAT 47, a case in which we are reminded that failure to adequately particuliarise a claim does not mean that it is not being pursued.

    View Article
  • Merely technical breaches of TUPE, and can liability survive a withdrawal?

    5th May 2022

    Alex Leonhardt analyses Clark v Middleton and anor [2022] EAT 31, a case in which the EAT considered the ET's discretion to make (or not make) an award of compensation for breaches of TUPE Regulations, and the effect of withdrawal of a claim on a defendant's liability to pay compensation, in circumstances where the claimant has no freestanding right to bring a claim against
    them.

    View Article
  • ET Procedure: a party may apply for a transcript of a hearing subject to conditions

    5th May 2022

    Sarah Bowen summarises the case of Kumar v MES Environmental Limited [2022] EAT 60, in which the EAT determined that a party may apply for a transcript, subject to paying the applicable fee and complying with the associated established protocols.

    View Article
  • Business valuations in financial remedy proceedings

    1st Apr 2022

    Michael George has recently written an article on ‘Business valuations in financial remedy proceedings’ which will be published in Counsel magazine in April 2022.

    View Article
  • Worker status, ‘services agreements’ and the need for an ‘irreducible minimum of obligations’

    1st Apr 2022

    Nursing and Midwifery Council v Somerville [2022] EWCA Civ 229

    Naomi Webber analyses the Court of Appeal's judgment in Nursing and Midwifery Council v Somerville [2022] EWCA Civ 229, which provides a useful clarification when assessing the worker status of an individual who provides work under an overarching or other service level agreement, and confirms that the concept of a ‘limb (b) worker’ is broader than may have previously been thought.

    View Article
  • The principles that apply when determining the enforceability of restrictive covenants

    31st Mar 2022

    Employment pupil barrister Joanna Laxton analyses the case of Law by Design v Saira Ali [2022] EWHC 426 (QB), in which the claimant was successful seeking to restrain the defendant from breaching the terms of her restrictive covenants. The article provides a useful reminder of the principles that apply when determining the enforceability of restrictive covenants.

    View Article
  • No easy escape from negligence trial for fire engineer (Avantage (Cheshire) v (5) WSP UK Limited)

    29th Mar 2022

    Avantage (Cheshire) Limited and others v GB Building Solutions Limited (In Administration)
    and others [2022] EWHC 171 (TCC)

    Construction law barrister James Davison has reviewed the case of Avantage (Cheshire) Limited and others v GB Building Solutions Limited (In Administration) and others [2022] EWHC (TCC) for Lexis®PSL.

    View Article
  • The EAT gives guidance on the anonymisation of persons named in proceedings and on the redaction of documents

    17th Mar 2022

    Mr Frewer v Google UK Limited and Others [2022] EAT 34

    On the anonymisation of persons named in proceedings and on the redaction of documents

    Colin McDevitt summarises the Employment Appeals Tribunal's guidance on the anonymisation of persons named in proceedings and on the redaction of documents in Mr Frewer v Google UK Limited and Others [2022] EAT 34.

    View Article
  • National Single Parent Day 2022

    17th Mar 2022

    Family law barrister Amy Beddis explores how society can support single parents ahead of National Single Parents’ Day on 21 March.

    View Article
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