Articles

Craig Ludlow analyses the case of Virgin Active Ltd v Hughes [2023] EAT 130, in which the EAT considers the effect of delay on the fairness of a trial and emphasises the importance of considering material differences in circumstances between claimant and comparators when deciding whether burden of proof has shifted.

Daniel Brown analyses the case of Dr Sun v General Medical Council [2023] EWHC 1515 (Admin), which examines the significance of a doctor’s mental health difficulties in the context of findings of dishonesty. The judgment discusses the law on time limits, and provides a helpful demonstration of how CPR 52.19 (applications to limit recoverable costs) may be applied in statutory appeals of this nature.

Sam Shurey reviews the Continuous Professional Development requirements prescribed by the General Dental Council for Dentists and Dental Professionals.

Sam examines the procedure adopted by the GDC in the event of non-compliance, and provides pointers for Practitioners seeking to avoid erasure from the register.

As non-fatal strangulation offences are increasingly charged, Rebecca McKnight examines the background to this increase and reviews the injuries in cases of strangulation based on research carried out by Dr Katherine White of the Institute for Addressing Strangulation (IFAS). Further, Rebecca looks at the implications for prosecuting and defending such cases and considers what the future might hold in this area of criminal law.

Holly Fagan outlines the new sentencing guidelines for perverting the course of justice and witness intimidation - both effective from 1/10/2023; and guidelines in relation to dangerous driving and causing serious injury by dangerous driving - both effective from 1/7/2023.

Oliver Hirsch analyses the case of R v AFU [2023] EWCA Crim 23, a case in which the Court of Appeal reviews the authorities on abuse of process applications in trafficking and modern slavery cases.

The Court confirms that the police must take proactive steps to investigate a suspect’s trafficking or slavery status, and in particular consider making an NRM referral.

Jonathan Underhill sets out a short sentencing aide memoire for cases of intentional non-fatal strangulation with reference to the key cases of Rex v Cooke [2023] EWCA Crim 452, Rex v Borsodi [2023] EWCA Crim 899 and Rex v Yorke [2023] EWCA Crim 1043.

Mathew Gullick KC analyses the implications of the Supreme Court's decision in the case of Agnew. In particular, in its overruling of the EAT decision in Bear Scotland, the judgment provides helpful clarity and guidance on what amounts to a "series" of deductions from wages, a question of fact to be determined in the circumstances of each particular case.

Alex Leonhardt reviews the case of McNicholas v (1) Care and Learning Alliance (2) CALA Staffbank [2023] EAT 127, in which the EAT considered whether a regulator’s decision that there was a case to answer, following initial reports made in retaliation for a protected disclosure, constituted an “intervening act” in assessing damages.

Sunyana Sharma considers the High Court's decision in Sudheer Shabir v. General Medical Council [2023] EWNH 1772 (Admin), a useful reminder of the core principles that will be applied in professional disciplinary misconduct hearings and/or at the appeal stage.

Grace Nicholls considers the case of Macfarlane v Commissioner of Police of the Metropolis [2023] EAT 111, a useful reminder that it is insufficient to simply tick the unfair dismissal box if a claim of whistleblowing is being pursued, and that the disavowal of a claim can indeed, rightly, have far reaching consequences for any application to amend subsequently.

Karen Moss reviews Fernandes v Department of Work and Pensions [2023] EAT 114, a case which gives practical guidance on what questions it is relevant for the ET to ask itself to determine when time starts to run in an omissions case.