Articles

3PB Employment barristers Sarah Clarke and Simon Tibbitts analyse the latest employment law cases, covering:
1. Guidance of whose motivation will be taken into account in determining the “Employer’s” reason for dismissal: Royal Mail Limited v Kamaljeet Jhuti [2017] EWCA Civ 1632
2. EAT find that relying on previous instances of misconduct, for which no sanction had been applied, does not render a dismissal unfair: NHS 24 v Pillar UKEATS/0005/16/JW
3. Subjecting men and women to the same detriment can be ‘less favourable treatment’: HM Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah school [2017] EWCA Civ 1426
4. The Advocate General has ruled that employees may qualify for protection from pregnancy discrimination before informing employer about their pregnancy: Guisado v Bankia SA (Case C-102/16)

Please click below to read the case law update.

Scope of Duty and Causation of Loss: What can we learn from the Supreme Court about scope of duty & causation of loss?
BPE Solicitors-v-Hughes-Holland [2017] UKSC 21 & Globalia Business Travel SAU-v-Fulton Shipping [2017] UKSC 43

To read Gavin Hamilton's analysis, please click below.

Unfair Terms: What has changed recently?
UCTA 1997: dealing on another’s standard terms
Changes to unfair terms in consumer contracts

To read Seb Oram's analysis, please click on the link below.

Oh my Ghosh!

Just when you thought there was no need to attend another seminar regarding dishonesty in regulatory proceedings and then comes along Ivey (Appellant) v Genting Casino (UK) Ltd t/a Crockfords (Respondent) [2017] UKSC 67. Please click below to read 3PB barrister Jennifer Agyekum's analysis.

3PB's Personal Injury team provides legal update on Disclosure, Fraud, Fundamental Dishonesty and Contempt Proceedings

3PB Employment barrister Oliver Isaacs analyses the latest employment law cases, covering:

1. Early Conciliation – De Mota v ADR Network UKEAT/0305/16/DA
2. Practice and Procedure - Jhuti v Royal Mail UKEAT/0061/17/RN
3. Burden of Proof - Efobi v Royal Mail Group Ltd
4. Causation and Apportionment – BAE Systems (Operations) Ltd v Konczak (2017) EWCA Civ 1188
5. Permanent Health Insurance - ICTS (UK) Ltd v Visram (2017) All ER D 229
6. Whistleblowing - International Petroleum Ltd v Osipov & Others (2017) UKEAT/0058/17/DA

Please click below to read Oliver's case law update.

"National Minimum Wage: A better night’s sleep": an analysis by Andrew MacPhail, who achieved a successful outcome for the claimant in Focus Care Agency v Mr B Roberts, EAT.

Employment specialist Matthew Curtis provides an employment case law update covering:

1. Tribunal fees – the latest position
2. Suspension – the risks
3. ACAS Early conciliation – the latest skirmishes in an ongoing war (De Mota v ADR Network & anor UKEAT/0305/16)
4. Presidential guidance – pensions and Vento
5. Burden of proof in discrimination claims

3PB family barrister, Jennifer Kotilaine reflects on the various ways in which the application of children law has adapted to the internet and social media and on the further adaptations that may lie ahead.

Read Hamish Dunlop's lecture notes on Owens v Owens, a groundbreaking divorce case scheduled to go to the Supreme Court. Hamish's analysis explains why this case could lead to the introduction of no-fault divorce in the UK.

3PB's criminal law barrister Graham Gilbert explains the details of the cases involving Lavinia Woodward and Natalia Sikorska.

Journal of Planning and Environment Law publishes a superb review of Webster and Weatherley’s “Restrictions on the Use of Land”.

In a review authored by Dr Ashley Bowes, the Journal of Planning and Environment Law has positively commented on “Restrictions on the Use of Land”, William Webster and Robert Weatherley’s planning law reference book.

Click below to read the review.

Published by Wildy, Simmonds & Hill the book covers the law and practice in a number of fields which impact the use of land and there is considerable focus on remedies for the infringement of rights in, on or over land. The areas covered include: easements, town and village greens, public rights of way, restrictive covenants, assets of community value and elements of planning law.