Articles

Katherine Anderson analyses Robinson v His Highness Sheikh Khalid Bin Saqr Al-Qasimi [2021] EWCA Civ 862, a case which highlights the key principles to be applied where an employer raises a defence of illegality, a potential defence which is often considered by employers in disputes over employee status where tax and national insurance have not been paid on the basis that the claimant was an employee.

Grace Nicholls reviews the case of A v B UKEATS/0042/19/SS(V) in which practitioners are reminded that while every strike out application is naturally very fact sensitive, when such applications are made, the basis for seeking them under rule 37 needs to be made clearly, with, as far as possible, a chronology of events set out in the clearest possible terms.

3PB Family barrister Ségolène Lapeyre and Civil law barrister Hugh-Guy Lorriman have co-authored an article for Rayden Solicitors’ Anglo-French blog on the recognition of French PACS under the amended Civil Partnership Act 2004.

Ségolène Lapeyre et Hugh-Guy Lorriman ont co-écrit un article pour le blog anglo-français du cabinet d'avocats Rayden sur la reconnaissance du PACS français en vertu de la loi modifiée de 2004 sur le partenariat civil.

Susan Jones analyses the High Court case of King v Royal United Hospital Bath NHS Foundation Trust [2021] EWHC 1576 in which practitioners are reminded that the threshold for a shocking event is strictly objective in secondary victim claims. The judgment also provides a helpful insight into how damages would have been assessed for an actor who it was claimed was on the verge of a “big break".

Dr Tagbo Ilozue summarises Sparkes v London Pension Funds Authority and Leigh Academies Trust [2021] EWHC 1265 (QB), in which Murray J set aside a Master’s Order dismissing an application for non-party disclosure in a fatal mesothelioma claim. The Court saw fit to interfere with the Master’s broad case management discretion because he was wrong in his application of the test to the relevant facts, took into account irrelevant factors, gave insufficient weight to relevant factors, and failed to balance the relevant factors fairly in the scale.

David Kemeny reviews the regulatory regime concerning the use of electric scooters, in light of their growing popularity and the increasing number of trials taking place in the UK, from Truro to Teeside and Copeland to Canterbury.

Knowledge, approval and rectification: Martin Strutt provides an analysis of contentious probate cases.

Deluxe Property Holdings Ltd v SCL Construction Ltd

3PB’s specialist tax and commercial law barrister Max Schofield has analysed the case of Deluxe Property Holdings Ltd v SCL Construction Ltd for the British Tax Review.

Aimee Fox on 'Covert recordings in family proceedings’.

Can an individual be a ‘worker’ if they are not obliged to accept any work at all?​​

Daniel Brown analyses the decision in Nursing and Midwifery Council v Somerville UKEAT/0258/20/RN(V), which puts the spotlight on the Uber judgment and its impact on determining employee/worker status, in this case for one of the numerous regulatory bodies that operate panels of individuals to determine allegations of professional misconduct.

Whistleblowing: causation, guidance for complex cases and judicial proceedings immunity

Colin McDevitt examines The Chief Constable of Greater Manchester Police V Aston & Others UKEAT/0304/19/RN, in which we are reminded of the approach to be applied in cases where there are multiple protected disclosures spanning a significant period and allegations of multiple detriments involving multiple perpetrators and multiple victims.