In torts such as deceit, where liability depends on the claimant acting in reliance on a statement made to him, the test for establishing vicarious liability is not the same as for other wrongs committed in the course of a servant’s employment. Alex Whatley analyses the Court of Appeals recent decision in Winter v. Hockley Mint Ltd [2018] EWCA Civ 2480.

Alex Whatley is a Commercial Law barrister specialising in business disputes and Agency. Click here to view his profile.

View Publication

Permission to Challenge a Trustee in Bankruptcy’s Remuneration

James Davies analyses the case of Singh v Hicken [2018] EWHC 3277 (Ch); an appeal against the decision of a County Court judge refusing permission to Mr Singh, a discharged bankrupt, to challenge his trustee’s remuneration. Under Insolvency Rule 2016 18.35 the permission of the court is required before a bankrupt can make such a challenge.

James Davies represented Mr. Hicken both at first instance, where permission was refused, and on appeal to the High Court where the appeal was dismissed.

View Publication

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 Mulberry Co (Design) Ltd (2018) UKEAT/ 0040/17/DA
•Practice and Procedure - X v Y Ltd (2018) UKEAT/0261/17/JOJ
•Vicarious liability – Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214

View Publication

Forming contracts through commercial negotiations

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.

View Publication

Commercial update: Data protection breaches – Employers’ liability

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.

Nicole is a Commercial Law barrister specialising in business disputes and intellectual property.

View Publication

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

View Publication

Commercial update: Professional negligence – Solicitors’ duty to warn of risks incidental to their retainer

When will a solicitor need to give a warning to his client about obvious risks that come to his attention when performing his retainer, but which he has not been formally retained to advise on? Richard Whitehouse analyses the Court of Appeals recent decision in Lyons v. Fox Williams LLP [2018] EWCA Civ 2347.

Richard is a Commercial Law barrister specialising in professional negligence and business disputes.

View Publication

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).

Seb is a Commercial Law barrister specialising in professional negligence and the construction sector.

View Publication

3PB barrister Sarah Clarke analyses the latest employment law cases, covering:
• What constitutes ‘information’ in the context of making a protected disclosure? Kilraine v London Borough of Wandsworth [2018] EWCA Civ 1436
• When determining the amount of one’s holiday pay, should regular voluntary overtime be included? In the context of the NHS, should non-guaranteed and voluntary overtime be included? Yes to both, says the EAT: Flowers v East of England Ambulance Trust UKEAT/0235/17/JOJ
• Can a dismissal for a first offence of serious (not gross) misconduct ever be fair? Yes, says the EAT: Quintiles Commercial UK Ltd v Barongo UKEAT/0255/17/JOJ
• Supreme Court has upheld previous decisions that an ostensibly ‘self-employed’ plumber was in fact a ‘worker’: Pimlico Plumbers Ltd v Smith [2018] UKSC 29

View Publication