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3PB barristers Lachlan Wilson and Sarah Bowen analyse the latest employment law cases, covering: Harassment – Evans v Xactly Corporation Ltd UKEATPA/0128/18LA Whistleblowing: Timis & Sage v Osipov [2018] EWCA Civ 2321 Direct Discrimination – Lee v Ashers Baking Company Ltd and others [2018] UKSC 49 Good faith/Bad faith - Saad v Southampton University Hospitals NHS Trust UKEAT/0276/17/JOJ Amendments – Pruzhanskaya v International Trade Exhibitors (JV) Ltd (2018) UKEAT/0046/18/LA Philosophical Belief – A Gray v...
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In a post Brexit world where the UK aspires to frictionless cross-border trade with the EU, the VAT treatment of imports to the UK and of taxpayers’ exports to EU customers can present significant friction. Furthermore, the inherently European tax has evolved with oversight from the Court of Justice of the European Union, something the UK has rejected as a political red line In their provocative and wide-ranging article, authors Jeremy Cape, Partner, Squire Patton...
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Employment and Discrimination barrister Mark Green, instructed by Anna Illingworth of solicitors Rowberry Morris, represented 88-year-old secretary Eileen Jolly in suing the NHS for age discrimination after she was dismissed, despite the surgeon she worked for disagreeing with the decision, stating she was ‘meticulous and reliable'. Mrs Jolly is believed to be the oldest person ever to sue an employer for age discrimination - after taking the hospital trust to the Reading Employment Tribunal, which...
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3PB Criminal Barrister David Richards leads the successful prosecution of 7 defendants in drugs case
David Richards led the successful prosecution of 7 defendants in Operation Attica, a South West Regional Organised Crime Unit investigation of heroin and cocaine dealing from London and the Midlands to Bristol. The 7 accused were all convicted on 21 November after a 6 week trial at Bristol Crown Court. Click here for more information on the case.
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Following a 6 week trial at Portsmouth Crown Court, 3 defendants were convicted of the murder of Richard Hardy on 26 January 2018 and have been sentenced to life with minimum terms of 29, 28 and 27 years respectively. A 4th Defendant was sentenced to 8 years for manslaughter. In passing sentence Mrs Justice Cheema-Grub DBE referred to the offences as “brutal”, noting that the Defendants had murdered a man in less than 30 seconds in...
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In his latest article for LawInSport, 3PB Sports barrister Graham Gilbert provides an in-depth analysis of the Chris Ashton disciplinary decision and examines the lessons it raises on sanctioning under RFU Regulation 19. Register for free on LawInSport’s website to read Graham’s analysis. Click here to view Graham Gilbert’s profile.
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Tom Horder has represented a building contractor in a HSE prosecution arising from damage to a gas main. During the subsequent repair works escaping gas ignited. On 6.11.18 At Folkstone Magistrates’ court Southern Gas Networks (the Co-defendant Company) was fined £1.2m and the building contractor £60,000. Click here to view Tom Horder's profile.
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Seb Oram analyses, for LexisPSL, the practical implications of the Commercial Court’s decision in Rotam Agrochemical Co Ltd v GAT Microencapsulation GmbH [2018] EWHC 2765 (Comm). This case analysis was first published by LexisNexis on 30 October 2018. Click here to view Seb's profile. View his analysis here.
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3PB are delighted to host and Education Law Event with ELAS. Please see details below: Date and Time: Tuesday November 6th at 5:45pm. Venue: The Education Law Association, 7 Pancras Square, London, N1C 4AG Speaker: Alice de Coverley of 3PB Chambers (London) Talk: “Legal issues surrounding Home Education, both elective and unplanned” Click here for more information. If you are a non-member or a member of ELAS and you would like to register your interest...
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Is common law doctrine of vicarious liability of an employer for its employee’s misuse of private information excluded by the DPA? And secondly, can an employer be vicariously liable for the employee’s acts away from the workplace? Nicole Bollard analyses the Court of Appeals recent decision in W M Morrison Supermarkets plc v Various Claimants [2018] EWCA Civ 2339. Click here to read Nicole's analysis. Nicole is a Commercial Law barrister specialising in business disputes and intellectual property. Click here...
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3PB barrister Gareth Graham analyses the latest employment law cases, covering: Harassment – Evans v Xactly Corporation Ltd UKEATPA/0128/18LA Whistleblowing: Timis & Sage v Osipov [2018] EWCA Civ 2321 Unfair Dismissal: Hawkes v Ausin Group (UK) Ltd UKEAT/0070/18/BA Direct Discrimination – Lee v Ashers Baking Company Ltd and others In other news… Employment Tribunal statistics Consultation Paper on reforming employment law hearing structures Click here to read Gareth's analysis. Click here to register for our Employment breakfast seminars in Bristol...
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Commercial update: Commercial negotiations and draft contracts – the formation of a binding contract
When one party pulls out of commercial negotiations before a contract is signed, how does the Court determine if a contract has been formed? Seb Oram analyses the Commercial Court’s recent decision in Rotam Agrochemical Co Ltd v. GAT Microencapsulation GmbH [2018] EWHC 2765 (Comm). Click here to read Seb's analysis. Seb is a Commercial Law barrister specialising in professional negligence and the construction sector. View Seb's profile here.
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