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Joseph England analyses the case of Wicked Vision Ltd v Rice [2024] EAT 29, in which the EAT re-confirms the Court of Appeal's decision in Osipov concerning a claimant's ability to claim for detriments that precede dismissal against a co-worker and against the corporate employer for its vicariously liability even if the losses that flow amount to those that flow from dismissal; and that a Claimant can claim for the detriment of dismissal against a co-worker.
The EAT however departs from the Court of Appeal in asserting that a Claimant is very unlikely to be able to claim for the detriment of dismissal against the corporate employer, having applied scrutiny to the Court's ratio in Osipov.
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David Kemeny analyses the case Armstead v Royal & Sun Alliance Insurance Company Limited [2024] UKSC 6, which is of immense importance to understanding the fundamental legal principles underpinning the recoverability of damages in the law of tort, and should be read by students and practitioners alike.
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Charles Fulton summarises the case of Kanwarjit Singh Juj v John Lewis Partnership PLC in which the claimant, an 83-year-old man, sustained a serious injury following a fall in a car park adjacent to a Waitrose store. A reminder that non-owners of premises may owe a duty under the Occupiers Liability Act 1957.
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3PB pupil barrister Jack Felvus and specialist clinical negligence barrister Hamish Dunlop have written a case summary where the Supreme Court judgment provided clarity in secondary victim claims made in a clinical negligence context.
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Gemma Ralph looks at The Court of Appeal decision in R (Peiris) v First-tier Tribunal, CICA & Secretary of State for Justice [2023] EWCA Civ 1527, in which Mr Peiris was refused a bereavement payment from the Criminal Injuries Compensation Authority as he didn't satisfy the eligibility criteria. Mr Peiris appealed to the First-tier Tribunal.
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In January, 3PB’s Tom Webb appeared for the successful appellant in the Court of Appeal in the matter of Pearson -v- Secretary of State for Defence [2024] EWCA Civ 150. In this article, Tom discusses the case and the AFCS itself: required reading for those dealing with cases concerning current and former members of the Forces.
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3PB's commercial and chancery law barrister Aaron Mayers discusses the new limits set on section 994 petitions following the case of THG PLC & Ors v Zedra Trust Company (Jersey) Ltd.
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Matthew Wyard on the recent Court of Protection property & affairs decisions of PSG Trust Corporation Ltd v CK & Re: P (Statutory Will).
In PSG Trust Corporation Ltd v CK [2024] EWCOP 14, the Court considered how a property and affairs deputy should approach the issue of whether to inform P of the value of a civil litigation settlement.
Re: P (Statutory Will) [2024] EWCOP 12 concerned an application to amend a statutory will, for which the Court had to consider if unidentified charity beneficiaries had to be served with the application to amend in accordance with the requirements of paragraph 9 of Practice Direction 9E.
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Katherine Anderson gives an update on the amendments to the Equality Act 2010, in which the purpose of the regulations is to reproduce in domestic law certain interpretive effects of retained EU law which, under the Retained EU Law (Revocation and Reform) Act 2023, would otherwise cease to apply in the UK after the end of 2023.
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Katherine Anderson reviews the appeal of London Borough Camden v KT [2024] UKUT 225 (AAC), in which Upper Tribunal Judge Jacobs analysed the legal position when a parent consents to the special educational provision in their child's EHCP being arranged in the family home.
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Olivia McGonigle looks at the appeal to the Upper Tribunal of LC and RC v Hampshire County Council [2023] UKUT 281 (AAC) which concerned, among other things, the test that should be applied when section I of an Educational Health and Care Plan ('EHCP') is in dispute.
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Katherine Anderson considers the appeal A Multi Academy Trust v RR [2024] UKUT 9 (AAC), in which the issues around the application of the test in section 20(3) of the Equality Act 2010 as modified by schedule 13, particularly in its application to special schools.
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