Articles

Third party harassment: Sarah Bowen reviews Bessong v Pennine Care NHS Foundation Trust UKEAT/0247/18/JOJ

Legal advice privilege: Katherine Anderson analyses Curless v Shell International Ltd [2019] EWCA Civ 1710

Covert recording in a PI claim: ramifications for Employment Tribunals? Grace Nicholls analyses Mustard v Flowers & Ors [2019] EWHC 2623 (QB)

Is a belief in the moral importance of copyright a 'philosophical belief'? Naomi Webber analyses Gray v Mulberry [2019] EWCA Civ 1720

Contractual redundancy pay and the statutory cap: Sarah Bowen reviews Ugradar v Lancashire Care NHS Foundation Trust UKEAT/0301/18

Lies in good faith and the burden of proof in discrimination claims: Sarah Bowen analyses Base Childrenswear Limited v Otshudi [2019] EWCA Civ 1648

Neil Fawcett analyses the Commercial Court’s recent decision in New Balance Athletics, Inc v Liverpool Football Club and Athletic Grounds Ltd [2019] EWHC 2837 (Comm), as part of LexisPSL’s Case Analysis Expert Panels. The case analyses the interpretation of an implied term of good faith, as well principles of construction in relation to contracts of good faith.
Neil is a Commercial Law barrister specialising in Commercial Contracts and Business Financing.

This article was first published by Lexis®PSL on 29 October 2019.

Supreme Court: A Judge, even though not a worker, can rely on whistleblowing protection in a boost for the application of EU rights to domestic law: 3PB's employment law barrister Joseph England analyses the case of Gilham v Ministry of Justice [2019] UKSC 44

Max Schofield analyses, for LexisPSL, the practical implications of the Admin Court’s decision in R (on the application of Actegy Ltd) v Advertising Standards Authority Ltd [2019] EWHC 2374 (Admin). This article was first published by Lexis®PSL on 12/09/2019.

Access to accounting information under Share Purchase Agreements. Seb Oram analyses, for LexisPSL, the recent decision in Zedra Trust Company (Jersey) Ltd v. The Hut Group Ltd [2019] EWHC 2191 (Comm), in which the Commercial Court considered what rights one party to a Share Purchase Agreement has against the other, to access information about the company after completion of the sale. This article was first published by Lexis®PSL on 28 August 2019.

3PB's Nick Kaplan reviews the decision in Grove Developments: for the Adjudication Society in an article called "Unloosening or tightening the Construction Act’s Gordian Knot?"

In Grove Developments, two of the construction world’s most esteemed Judges have, in their departing decisions before moving on to pastures new, now attempted to unloosen the Gordian Knot created by the amended Construction Act and Edwards-Stuart J’s decision in ISG.

This article seeks to assess the degree to which the decisions in Grove have unloosened that knot, or merely entangled us in other, related, difficulties. Further, it looks briefly at the recent decision of Stuart-Smith J in Davenport Builders which may, to mix my classical metaphors, indicate a way to chart a course between the Scylla of ISG and the Charybdis of Grove.

Forbes v LHR Airport Limited UKEAT/0174/18/DA: Offensive image shared on Facebook not ‘in the course of employment’ (s.109 Equality Act 2010) - An analysis by Daniel Brown.