• The inherent risks when partaking in leisure activities

    Harrison v Intuitive Business Consultants Limited (T/a Bear Grylls Survival Race) & Others [2021] EWHC 2396 (QB)

    Makhsudul Islam has analysed the case of Harrison v Intuitive Business Consultants Limited (T/a Bear Grylls Survival Race) & Others [2021] EWHC 2396 (QB). The case concerned liability in respect of injuries arising from participation in the ‘‘Bear Grylls Survival Race’’.

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  • High Court considers exclusion of abatement and the scope of section 49(2) of the Sale of Goods Act 1979

    3PB’s Jakob Reckhenrich has analysed the case of Readie Construction Limited v Geo Quarries Limited [2021] EWHC 3030 (QB) and identifies that the judgment of this case will now make it easier for a party to bring itself within section 49(2) of the Act, showing that the time for payment is other than the day of delivery may well be sufficient to show that “the price is payable on a day certain irrespective of delivery”. Secondly, the courts may be more willing than they once were, to construe a no set-off clause as extending to abatement (particularly where the word “reduction” is used).

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  • That was not put!​

    Daniel Brown reviews P2CG Limited v Davis (Appeal No. EA-2019-000762-AT), a judgment that provides useful guidance as to the matters to be considered when an allegation is not put to a witness in court.

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  • Caution required in case management

    Grace Nicholls on Rooney v Leicester City Council UKEAT/0064/20/DA and UKEAT/0104/21/DA, a case which reminds us that fact sensitive cases be dealt with with extra care and caution to prevent unnecessary delay and ensure effective, efficient conduct of litigation.

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  • Can a right to pay during suspension be implied into the contract of a bank worker where that contract is silent?

    Grace Boorer analyses Agbeze v Barnet Enfield and Haringey Mental Health NHS Trust EA-2020-000413-VP, in which the EAT found that where a worker’s contract requires something more than being ready, willing and able to work in order to receive wages, a term is not implied that the worker is entitled to be paid on suspension in absence of a contractual provision on the point.

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  • No anonymity order for former stripper

    Alex Leonhardt reviews A v Burke & Hare (EA-2020-SCO-0000067-DT), a case in which the EAT concludes that applications for anonymity orders need to be supported by robust evidence on harm that will arise to the party, going beyond mere embarrassment or social opprobrium, with evidence of impact on labour market outcomes potentially considered relevant and sufficient.

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  • Competing rights in foster care

    Naomi Webber reviews R (Cornerstone) v Ofsted [2021] EWCA Civ 1390, a case considering whether a requirement for foster parents to be in heterosexual marriages on religious grounds was discriminatory.

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  • Data protection for schools and higher education institutions

    Data protection for schools and higher education institutions

    Matthew Wyard highlights the rights of access to data from schools and colleges and specifically what constitutes ‘education data’. The new Data Sharing Code of Practice from the ICO is also scrutinised for how it assists the higher education sector in situations of crisis on campus.

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  • Employment status: Court of Appeal upholds decision that couriers are workers

    Elliott Stenson on Stuart Delivery Ltd v Warren Augustine [2021] EWCA Civ 1514, a case in which the Court of Appeal distances itself from the Pimlico Plumbers categories approach when considering substitution clauses in employment status cases, recommending instead to start with the statutory framework and to look at the entire factual matrix.

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  • Are we exclusive? High Court reviews key contractual principles in the context of ‘casual’ commercial relationships

    Zymurgorium Ltd v Hammonds of Knutsford plc

    Mariya Peykova has analysed the case of Zymurgorium Ltd v Hammonds of Knutsford plc for Lexis®PSL.

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  • Protected disclosures: does Kong slam the door in the face of aggrieved claimants?

    Colin McDevitt analyses Kong v Gulf International Bank (UK) Limited EA-2020-000357-JOJ, a case which emphasises the rare nature of the Jhuti exception when considering an invented reason for an automatically unfair dismissal following the making of a protected disclosure.

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  • Litigation privilege and the iniquity principle

    Stephen Wyeth reviews Abbeyfield (Maidenhead) Society v Hart UKEAT/0016/21, a case which provides a useful indication of the high threshold that must be overcome to set aside the important and cherished principle that communications between advisers about contemplated litigation should remain confidential.

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