News

Nicola Frost, writing for Family Law Week, explains the implications of a Hague Convention decision. The CA unanimously held, "anticipatory retention" is a concept that must be recognised by the Convention. By a 2:1 majority (Black LJ dissenting on this particular point) it was further held that "communication" of an intention to retain children (prior to the end of an agreed, extended stay) is not necessary. As such, the mother's conduct surrounding an application for British...

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 here 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...

3PB Employment barrister Sarah Bowen reviews the Supreme Court’s landmark decision in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 that Tribunal fees are unlawful and discriminatory and considers what might happen next!

Louis Weston acted for Patricia Annon in her successful appeal against a decision of the NMC’s Conduct and Competence Committee to strike her from the Register. The Court allowed the appeal on the grounds that to strike off a midwife who had a condition precedent to her return to practice that she was actively seeking to comply with was unjustified. Importantly the Court indicated obiter that the Committee in future should set a long stop...

Louis Weston, head of the Sports Group, had a busy July acting for the WPBSA in the prosecution of former world number 2, Stuart Bingham (judgment reserved), the Turf Club, in the successful prosecution of Trainer Luke Comer, the GBGB in the successful prosecution of Nick Wileman, and the BHA in a race fixing case (judgment reserved).

Louis Weston, head of the Sports Group, acted for the BHA (leading Caoimhe Daly, of QEB) in the prosecution of jockey Carter and the trainer Wainwright and others in the alleged race fixing of the rise of BLAZEOFENCHANTMENT for the full coverage see The Guardian and The Racing Post.  

On 18th July, Head of 3PB's Professional Disciplinary Group Sunyana Sharma, Lachlan Wilson and Shruti Sharma, all members of 3PB's Public and Regulatory group provided professional disciplinary training to DWF solicitors. The update covered: Professional discipline: general procedural guidance, strategy and tactics - by Sunyana Sharma Dishonesty: the test used by disciplinary panels and advising clients in the context of dishonesty allegations - by Shruti Sharma A focus on nurseries, childminders, OFSTED and Wales - by Lachlan Wilson. To...

3PB Employment barrister Joseph England examines the decision reached by the Court of Appeal in Day v Health Education England & Ors. [2017] EWCA Civ 329, where the Court of Appeal held that a junior doctor can rely on ‘whistleblowing’ protection against Health Education England despite a separate employment relationship with an NHS Trust, bolstering protection for 54,000 junior doctors and agency workers nationwide. To read Joseph’s article, please click here. This article originally appeared...

Joseph England appeared last week in an interesting case under the Equality Act 2010 heard in the County Court in which a traveller was seeking an injunction and damages from a pub and its landlady after he was refused service. Relying on his race as a traveller, the Claimant alleges that he was refused service because of his race and that this was an act of harassment, whereas the Defendants contend that their belief was...

3PB Employment barrister Karen Moss has had an article published on the impact of Wyatt v Hampshire County Council UKEAT/0013/16 on litigants claiming personal injury damages in the employment tribunal. See http://www.pibriefupdate.com/content/ and the Personal Injury Brief Update Law Journal newsletter this month. To read Karen's artile, please click here.

Simon Tibbitts provides an employment case law update covering: (1) Discrimination awards – all rise by 10%!: De Souza v Vinci Construction (UK) Ltd [2017] EWCA Civ 879 (2)  Conduct of an employee does not have to be culpable (whether negligent, reckless or dishonest) in order to constitute a potentially fair reason under s.98(2)(b) ERA 1996: JP Morgan v Ktorza (UKEAT/0311/16/JOJ) (3)  Privilege against self-incrimination and when it arises in the ET: Coletta v Bath Hill...

3PB sport law barrister Graham Gilbert has written an article for LawInSport on sexism in football and the independence of disciplinary panels in light of issues arising from the David Moyes case. David Moyes had made remarks towards an interviewer, Vicki Sparks in March 2017 and consequently faced a Football Association disciplinary hearing. The article looks at: The FA’s rules pertaining to Mr Moyes’ actions The main issues in the case Current concerns about football’s...