• Broadhurst (1) & Taylor (2) v Tan (1) & Smith (2) [2016] EWCA Civ 94

    3PB's Robert Courts comments on the Court of Appeal's recent judgment in the conjoined cases of Broadhurst (1) & Taylor (2) v Tan (1) & Smith (2) [2016] EWCA Civ 94

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  • Employment case law update - May 2017

    3PB Employment barrister Sarah Bowen provides a case law update covering the past month. Sarah's update includes: Supreme Court overturns the Court of Appeal and provides clarity on Indirect Discrimination in two cases: Essop and others v Home Office (UK Border Agency) and Naeem v Secretary of State for Justice [2017] UKSC 27; EAT refuses to apply and contradicts previous EAT authority (Agarwal v Cardiff University, Cardiff and Vale University Local Health Board UKEAT/0210/16/RD (22 March 2017)) in relation to the Tribunal's jurisdiction to construe contracts of employment: Weatherilt v Cathay Pacific Airways Limited UKEAT/0333/16/RN (25 April 2017) and Multiple choice test amounts to indirect discrimination: Government Legal Service v Brookes UKEAT/0302/16/RN

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  • Employment case law update - June 2017

    3PB Employment barrister Sarah Clarke provides a case law update covering the past month. Sarah's update includes: Dismissal connected to absence because of cancer treatment was not discrimination arising from disability: Charlesworth v Dransfields Engineering Services Ltd; If an employee working night shifts is required to 'sleep in' at the premises, are they entitled to NMW for this time? It depends, says the EAT in 3 conjoined appeals: Focus Care Agency Ltd v Roberts UKEAT/0143/16/DM; Frudd v The Partington Group Ltd UKEAT/0244/16/DM; and Royal Mencap Society v Tomlinson-Blake UKEAT/0290/16/DM; Where an employee works in more than one EU state, the employment contracts fall within the jurisdiction of the country where, or from which, the employee principally carries out their obligations: Nogueira and others v Crewlink Ltd C-168/16; Moreno Osacar v Ryanair, formerly Ryanair Ltd C-169/16.

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  • Tipstaff Orders

    3PB Family law barrister Sarah Jennings examines the purpose of and procedure for obtaining tipstaff orders for the Family Law Week.

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  • Re M (children) [2016] EWCA Civ 61

    3PB's family law barrister Sarah Jennings provides summary for recent Court of Appeal case of Re M [2016] EWCA Civ 61 for the Family Law Week.

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  • Accessories and Joint Enterprise: R v Jogee (Appellant) Supreme Court decision

    R v Jogee (Appellant) Supreme Court 2016 UKSC 8 - a commentary by 3PB criminal law barrister Berenice Mulvanny following this Supreme Court decision

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  • Privilege under investigation

    Privilege under investigation: a commercial update by Charles Irvine. When will solicitor's working papers (as opposed to advice) attract privilege? And what is the scope of legal advice privilege ("LAP") and litigation privilege ("LP")?

    Charles Irvine (call 2010) analyses the recent case of Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Ltd [2017] EWHC 1017 (QB), its impact on its impact for civil litigation.

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  • The meaning of deleted terms; and IVAs in the Court of Appeal

    The meaning of deleted terms and voluntary arrangements in the Court of Appeal by Cheryl Jones - Narandas-Girdhar v. Bradstock [2016] EWCA Civ 88.

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  • An overview of the law relating to the Commercial Agents Directive

    Christopher Edwards provides an overview of the law relating to the Commercial Agents Directive and its latest developments in Webinar for Lexis Nexis.

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  • Negligent professional advice: a once-only breach

    Continuing breach is an area of law that has suffered from a level of uncertainty. In the context of professional risk, it is often important to limitation arguments, in order to determine when a breach of duty has occurred. Christopher Edwards (Call 2008) analyses the most recent contribution of the Court of Appeal, in Capita (Banstead 2011) Ltd v. RFIB Group Ltd [2015] EWCA Civ 310.

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  • Failed consideration, and additional damages; a game of two halves.

    If a contract for work and materials is performed badly, can there be a total failure of consideration? By what 'performance' is that question to be addressed? And can there also be a claim for damages? Christopher Edwards analyses the most recent contribution of the Court of Appeal to the question of total failure of consideration and damages, in Gartell & Son (a firm) v. Yeovil Town Football & Athletic Club Limited [2016] EWCA Civ 62, [2016] BLR 206, 164 ConLR 28

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  • What Does Pimlico Plumbers v Smith [2017] EWCA Civ 51 Tell Us About Employment Status?

    Colin McDevitt examines what Pimlico Plumbers v Smith tells us about Employment Status. Colin McDevitt provides a useful analysis of the Pimlico Plumbers v Smith case, examining when the factors in a business/client relationship might amount to employment or worker status.

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