Articles

Sunyana Shama examines the case of Raied Haris v GMC [2021] EWCA Civ 763 in which a doctor is found to have undertaken nonclinical intimate examinations on patients without their informed consent.

Sunyana Shama looks at the case of Zuber Bux v. General Medical Council [2021] EWHC 762 (Admin) in which the opportunity is given to revisit the key duties and obligations inherent in good expert witnesses.

Craig Ludlow analyses Mercer v (1) Alternative Future Group Ltd (2) Pritchard (UKEAT/0196/20/JOJ), a judgment which constitutes, without doubt, a significant development in the field of trade union / industrial relations and a resounding victory for the claimant and trade unions generally.

Naomi Webber reviews Steer v Stormsure Ltd [2021] EWCA Civ 887, a case which examines whether the lack of provision for interim relief in discrimination and victimisation claims under the Equality Act does not breach ECHR rules.

Daniel Brown analyses the landmark case of Forstater v CGD Europe & Others UKEAT/0105/20/JOJ, in which the London EAT found Maya Forstater's view of transgender people to be protected as a “philosophical belief” under the Equality Act.

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.