Articles

Alex Leonhardt analyses the case of Hilco Capital Limited v Denise Harrington [2022] EAT 156, in which the EAT considered the evidential burden in respect of claims that an ex-employee suffers disadvantages in the labour market arising from stigma related to whistleblowing or bringing claims against their former employers.

Sarah Clarke reviews Bathgate v Technip UK Ltd et al [2022] EAT 155: EAT, in which the EAT makes clear that future claims cannot be compromised in settlement agreements under s147 EQA.

Sarah further explores what employers and practitioners could do contractually, to ensure that future claims do not arise, in light of this EAT judgment.

Emma Greening summarises the case of University of Dundee v Mr Prasun Chakraborty [2022] EAT 150, in which the EAT ruled that an original un-amended document does not become retrospectively privileged even in circumstances where a comparison to the final version might allow inferences to be drawn about the legal advice given.

Mark Wilden on “Massive overdisclosure” ordered in departure from business & property courts disclosure regime in Genius Sports Technologies Ltd v Soft Construct (Malta).

3PB’s specialist family and education law barrister Aimee Fox, alongside law firm Anthony Collins’ associate solicitor Kadie Bennett, have co-authored a briefing in Education Law Monitor focusing on considerations for parents of children with SEN when resolving financial matters in court resulting from separation.

Cheryl Jones analyses Ellis v John Hodge Solicitors (a firm) EWHC 2284 (Comm), a case which raises the relevance of the long established right of the lien. Cheryl examines in particular the circumstances in which the power of the lien may be in turn strengthened or weakened.

The Government has opened a consultation exercise to garner input on an administrative approvals process designed to create scrutiny and afford assurance in relation to certain public sector exit decisions.

Jo Laxton provides an analysis of the Presidents of the Employment Tribunals' updated guidance on hearing evidence from witnesses who are abroad.

Sarah Clarke analyses Kumari v Greater Manchester Mental Health NHS Trust [2022] EAT 132 in which the EAT held that it was permissible to rely on the weak merits of a claim when considering whether to extend time.

Matthew Curtis reviews Cygnet Behavioural Health Ltd v Britton [2022] EAT 18, a case in which the EAT focused on what the claimant had been able to do during the limitation period when finding that it would have been reasonably practicable for him to present his claim in time.

With the festive season fast approaching Sarah Clarke reviews how employers can mitigate against possible vicarious liability for the acts of their employees during out of work events (while everybody still having a good time!).

Family law and education law specialist Aimee Fox and Anthony Collins Solicitors' Kadie Bennett examine for the Education Law Monitor how parents can minimise the impact of separation on children with SEND.