Articles

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.

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.

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.

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

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.

Jakob Reckhenrich on the court’s approach to requests to pay judgments by instalments. Jakob analyses the relevant provisions of the Civil Procedure Rules (CPR) and the recent case law interpreting those provisions.

The legality of COVID-19 vaccinations for children

Specialist family law barrister Lola-Rose Avery looks at potential family law disputes between parents, grandparents and guardians over conflicting views about a child being given the COVID-19 vaccination.

Hebden v Domino Recording Company Ltd [2022] EWHC 74 (IPEC)

Specialist intellectual barrister Mark Wilden has recently critiqued the key new case of Hebden v Domino Recording Company Ltd [2022] EWHC 74 (IPEC), which concerns royalties for music streaming and downloads and could have a significant effect on the UK music industry.

Mark Green analyses Kocur v Angard Staffing Solutions Ltd & anr : [2022] EWCA Civ 189, a case in which the Court of Appeal gave general guidance on statutory interpretation and examined whether agency workers and employees have the same rights regarding recruitment.

Alex Leonhardt analyses USDAW & Ors v Tesco Stores Limited [2022] EWHC 201 (QB), in which the High Court considered the restraints on the ability of employers to terminate with notice in order to impose new terms, in circumstances where there had been a prior commitment to keep a particular term.

...but an employee may have a good claim in the ordinary courts. Katherine Anderson reviews Abellio East Midlands Ltd v Mr K Thomas [2022] EAT 20, a case in which an employee started a new role for their employer before details of the new salary had been agreed.

Grace Nicholls analyses Arvunescu v Quick Release (Automotive) Limited [2022] EAT 26, a useful reminder for respondents and those advising them to ensure wordings on COT3 are carefully drafted. The EAT's decision is based on facts which are not unique and might be a useful authority to have into one’s arsenal in defending claims at any early stage where there has previously been a COT3 drawn up and executed.