Articles

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).

Daniel Brown analyses Mr A Rehman v DHL Services Ltd [2022] EAT 90, a case which highlights the importance of making sure that technical terms are explained.

Colin McDevitt considers the case of Rodgers v Leeds Laser Cutting Limited, EAT, EA-2021-000437-VP, in which the ET and EAT concluded that the facts of the case were not consistent with the Claimant holding a reasonable belief that there were serious and imminent circumstances of danger both at work and in other places outside his home, that prevented him returning to work.

Oliver Hirsch analyses Knightly v Chelsea & Westminster Hospital NHS Foundation Trust [2022] EAT 63, a case in which practitioners are reminded to be careful about drawing links between a claimant's unfair dismissal and discrimination claims.

Nicola Frost examines if the court should automatically disregard pre-nuptial agreements that fail to adhere to the ‘28-Day Rule’, in this article first published in Family Law.