• COVID-19: Frustration and Contracts of Employment

    COVID-19: Frustration and Contracts of Employment

    Sarah Bowen explains how COVID:19-will affect Frustration and Contracts of Employment. Frustration is a common law doctrine where a contract is treated as discharged by operation of law when an event has occurred which renders continued performance impossible, illegal or radically different to that contemplated by the parties when they entered into the contract.

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  • The legal position in relation to holidaymaker claims during the Coronavirus pandemic

    3PB’s pupil barrister Mariya Peykova reviews the legal position in relation to holidaymaker claims during the Coronavirus pandemic.

    Recent reports in the media suggest that some holidaymakers who have requested refunds have instead been offered credit notes, or deferred bookings. Mariya highlights the options available if holiday plans have been disrupted because of Covid-19, including package holidays, cancelled flights, accommodation and or other travel arrangements, insurance claims, and consumer credit rights.

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  • Disability discrimination claim for failure to make reasonable adjustments? – Rakova v London West Healthcare NHS Trust UKEAT/0043/19/LA

    Rakova v London North West Healthcare NHS Trust UKEAT/0043/19/LA

    Employees can often complain where they feel that their managers are not giving them the tools they need to do their jobs efficiently, effectively or productively. How does that situation relate to a disability discrimination claim for failure to make reasonable adjustments? This decision provides some guidance on the approach to be taken by the Tribunals in claims of disability discrimination by reason of a failure to make reasonable adjustments.

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  • WM Morrisons Supermarkets plc v Various Claimants - [2020] UKSC 12

    WM Morrisons Supermarkets plc v Various Claimants - [2020] UKSC 12
     
    The Supreme Court held that there was no vicarious liability for a 'personal vendetta' by one of of the supermarket company's former employees.
    Lord Reed concluded that motive was not irrelevant (and the distinction between acting on his employer’s business or for purely personal reasons was highly relevant). The Supreme Court concluded that the mere fact of employment giving someone an opportunity to do something is not sufficient to impose vicarious liability.

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  • Injunction to prevent a breach of mutual trust and confidence

    SMO v Hywel Dda University Health Board [2020] EWHC 727 (QB)
     
    The Court found in favour of the claimant, a consultant surgeon, to restrain the defendant from continuing a working relationships investigation into his alleged conduct, competence or behaviour, whilst carrying out disciplinary proceedings in parallel.

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  • COVID 19 = Barder Event?

    COVID-19 = Barder Event?
    The discussion, by James Legg

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  • Divorce for the Modern Age

    3PB's specialist family law barrister Hamish Dunlop authors Divorce for a modern age: The divorce, dissolution and separation bill [HL] 2019-21.

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  • Business Interruption Insurance Claims arising from COVID-19

    Two of 3PB’s specialist commercial litigation barristers, David Berkley QC, 3PB’s Head of Chambers and Neil Fawcett have reviewed business insurance claims arising from the current Coronavirus pandemic. Their review points out that some insurance companies deliberately sought to exclude respiratory diseases from their policy following the outbreak of SARS in 2003; and recommends that businesses should conduct a detailed examination of their business interruption policy wording.

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  • Responding to Covid-19: The maritime perspective in the UK

    David Richards, head of the marine group at 3PB and fellow barrister Dr Tagbo Ilozue have reviewed national and international maritime responses to the Covid 19 crisis, looking in particular at the UK regulatory framework that may be used to police responses to the coronavirus beyond the current lockdown.

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  • Changing the locks during lockdown:The Coronavirus Act 2020, Commercial Property and Forfeiture

    3PB’s specialist Property and Estates Barristers Charles Irvine and Rebecca Farrell have issued an updated guide on the rights of commercial landlords and their tenants during the Coronavirus pandemic.

    The guide reviews the existing position for commercial landlords and their tenants as well as an update on the latest Government’s announcement on 23rd April 2020.

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  • Daniel Brown and Rebecca Farrell review court decision on Carluccio’s administration

    Following the recent decision of Re Debenhams Retail Ltd (In Administration) [2020] EWHC 921 (Ch) which applied Re Carluccio’s Limited [2020] EWHC 886 (Ch), 3PB’s specialist Employment and Commercial Barristers Daniel Brown and Rebecca Farrell join forces to review the Carluccio’s decision.

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  • Private Law Update

    3PB's specialist family law barrister Emma Griffiths provides an update on private law.

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