News

McTigue v University Hospital Bristol NHS Foundation NHS Trust (UKEAT/0354/15) In a judgment handed down last week, the President of the EAT, Simler J, provided important guidance about the scope of protection for ‘whistleblowers’ at s.43K ERA 1996, holding that the Tribunal had erred in denying this protection to Mr England’s client. The Claimant was engaged in a Sexual Assault Referral Centre (“SARC”) and although she was also employed by a third party agency, she...

In her latest article, 3PB’s Katie Lee looks at how to deal with applications for relief from sanctions in the context of late disclosure of documents following the Court of Appeal case of McTear and Another v. Engelhard and Others [2016] EWCA CIV 487. To read Katie’s article, please click here.

On 26th July 2016 Alex Line and Emma Waldron of 3PB's education law team provided training to solicitors from two local authority areas about SEND litigation. The session covered the applicable statutory schemes under the Education Act 1996 and Children & Families Act 2014; specific issues such as mental capacity and personal budgets; the powers of the First-tier Tribunal and the practicalities of hearings before it concerning SEN and disability; and an update about relevant case...

Louis Weston, Head of 3PB's Sports Law Group, acted for the Turf Club in resisting the appeal by Tony Martin to the Turf Club’s Appeal Body in respect of the suspension of PYROMANIAC following its run at Killarney  The hearing took place on the 21st July at the Leopardstown racecourse and resulted in a fine being imposed on the trainer and the suspension of the horse. The full story is reported in the Racing Post:...

Gemma White, a member of 3PB’s growing Sports Law team, successfully represented two clients in disciplinary proceedings before a national Football Association panel on Tuesday 19th July 2016. Both of Gemma’s clients - a football club and one of it’s individual players - were cleared of all charges brought against them by the FA; failure to control players and discriminatory improper conduct respectively.

Sharan Sanghera examines the Court’s decision finding that two claimants were precluded by the ex turpi causa principle from recovering damages in Joseph Thomas Beaumont & Lewis O’Neill v David Ferrer [2016] EWHC Civ 768. Please find Sharan’s update below.

Thomas O’Donohoe appeared as one of a team of speakers from Chambers’ Employment Law Group at a seminar on current employment law topics presented by the group to professional clients at the National Liberal Club in London. Thomas addressed the topic of recent developments in the law on reasonable adjustments.

Commercial contracts often contain clauses that prevent a variation of the contract taking effect unless reduced to writing (an “anti-oral variation clause”). Edward Ross analyses a recent decision of the Court of Appeal in MWB Business Exchange Centres Ltd v. Rock Advertising Ltd [2016] EWCA Civ 553 that considers (1) does an anti-oral variation clause prevent an oral variation from having effect? (2) if not, what is to be considered good consideration for the variation?...

Louis Weston, Head of the Sports Group, gave a talk at the MBL 2016 Sports Corruption Conference on 14 July 2016 on putting the principles of sports corruption into practice. This popular annual conference focused once again on a wide range of topical and difficult issues from match manipulation to anti-doping controls, attracting a panel of leading experts. The conference was attended by professionals interested in keeping up-to-date with all the latest issues in this...

David Richards and Sunyana Sharma appeared in Stanley Magistrates’ Court, Falkland Islands in the largest ever fisheries prosecution brought in the Falkland Islands. Both the Company and Master pleaded guilty and were sentenced for illegal fishing in Falkland Waters in breach of its fishing licence terms pursuant to s.167 of the Fisheries (Conservation and Management) Ordinance 2005 and 10 offences concerning the false reporting of catch data pursuant to regulation 61(3) of the Fishing Regulations...

Adam Feest QC was involved in the case of Mark Lester at Bristol Crown Court.  Sentencing on Friday 9th July 2016, HHJ Picton described Mr Lester as “a committed paedophile of a highly dangerous nature" before imposing a life sentence.  This followed a five week trial conducted by Adam, leading Rosie Collins from Guildhall Chambers, which included evidence given by and cross-examination of vulnerable complainants, extensive disputed identification evidence, and complex expert evidence relating to...

Does a bank who is negotiating with a customer for a sale of a financial product, owe a common law duty to advise the client about an onerous break clause? Tom Webb analyses a recent decision of the Mercantile Court that considers the scope of a banker’s duty (Fitch v. Lloyds TSB Bank plc [2016] EWHC 1236 (QB)). Tom is a Commercial Law barrister who regularly advises in business disputes.