‘In Planon v Gilligan [2022] EWCA Civ 642 the Court of Appeal refused to grant an injunction to enforce a 12-month non-compete covenant that had only four months left to run by the time of the appellate hearing.’
Blackstone's Chambers, 20th May 2022
Source: www.employeecompetition.com
‘A decision on whether to give permission to appeal should not ordinarily be cited unless it clearly indicates that it purports to establish a new principle or to extend the present law – so said Lord Woolf CJ in Practice Direction (Citation of Authorities) 2001 1 W.L.R. 1001. To specialist practitioners, however, permission applications remain of interest in dynamic areas such as proprietary estoppel.’
Tanfield Chambers, 11th May 2022
Source: www.tanfieldchambers.co.uk
‘In what is believed to be the first Appellate consideration of a Coronavirus related dismissal the EAT (HHJ Tayler) upheld the judgment of the Leeds Employment Tribunal (EJ Anderson) that the Claimant’s Coronavirus related absence dismissal was not automatically unfair for a health and safety reason pursuant to s100(d)-(e) of the Employment Rights Act 1996.’
St Philips Barristers, 6th May 2022
Source: st-philips.com
‘The appeal was heard by the UK Supreme Court on 28 April 2022. In this case, Mr Hastings appeals against the findings of the lower courts in Scotland that the metal-on-metal prosthesis used for his total hip replacement was not defective within the terms of the Consumer Protection Act 1987 (the “CPA”).’
UKSC Blog, 20th May 2022
Source: ukscblog.com
‘In Park v Hadi and Another [2022] EWCA Civ 581, the Court of Appeal (Holroyde, Stuart-Smith and Warby LJJ), reaffirmed the principle that a judge may, of her own discretion, grant relief from sanctions without formal notice or without any application at all. The Court went on to issue guidance as to how this judicial discretion ought to be exercised, observing that a judge should always act in accordance with the overriding objective and will likely only exercise her discretion to grant relief sparingly.’
Farrar's Building, 5th May 2022
Source: www.farrarsbuilding.co.uk
‘The Court of Appeal was faced with the question of whether a local authority had the power to extend time for a flexible tenant to request a review of the authority’s decision not to offer a new fixed term at the end of the initial fixed term beyond the 21 days provided for in section 107E Housing Act 1985. At first instance judicial review, the High Court had held there was no such power (our report here). Ms Kalonga appealed.’
Nearly Legal, 19th May 2022
Source: nearlylegal.co.uk
‘This appeal concerns the discount which convicted criminals in Northern Ireland are entitled to when they are sentenced.’
UKSC Blog, 18th May 2022
Source: ukscblog.com
‘Lucy Bone discusses the CA’s judgment in Planon v. Gilligan, which considered the correct approach to enforceability of a non-compete covenant at an interim injunction, and how to apply the second and third limbs of American Cyanamid in such cases.’
Littleton Chambers, 17th May 2022
Source: littletonchambers.com
‘James Bickford Smith and James Green review the recent judgment of the Dubai International Financial Centre Court of Appeal in Abdelsalam v Expresso Telecom Group [2021] DIFC CA 011. The decision resolved uncertainty as to whether the 2019 Employment Law could render earlier-issued claims under the 2005 Law out of time, and confirmed the presumption that DIFC law should not have retrospective effect.’
Littleton Chambers, 11th May 2022
Source: littletonchambers.com
‘The Court of Appeal has handed down judgment in The Secretary of State for Transport and High Speed 2 Ltd v Cuciurean [2022] EWCA Civ 661 (link), an appeal against a costs order made against Mr Cuciurean after his committal for contempt for breaching an anti-trespass injunction. The breaches arose in the context of Mr Cuciurean’s opposition to and desire to protest against the HS2 project.’
Francis Taylor Building, 16th May 2022
Source: www.ftbchambers.co.uk
‘Zulfiqar v Secretary of State for the Home Department [2022] EWCA Civ 492 (14 April 2022). In this important judgment on deportation, dual nationality, foreign criminals, executive powers and duties, proportionality, public interest and the right to respect for private and family life, the Court of Appeal has unanimously held that a person’s status as a foreign criminal status within the meaning of section 32 of the UK Borders Act 2007 and section 117C of the Nationality, Immigration and Asylum Act 2002 has to be determined at the date of the decision to make a deportation order.’
EIN Blog, 13th May 2022
Source: www.ein.org.uk
‘The Court of Appeal has dismissed an attempt by solicitors to secure a £2m payment from an insolvent client for work carried out on a damages based agreement.’
Law Society's Gazette, 12th May 2022
Source: www.lawgazette.co.uk
‘Civil litigation should be conducted “with cards on the table – face up” and the courts should not “sanction an act of deliberate concealment” by one of the parties, appeal judges have ruled.’
Legal Futures, 10th May 2022
Source: www.legalfutures.co.uk
‘The difficulty of people signing up to a collective action and the availability of third-party funding were legitimate factors to take into account in making it opt-out, the Court of Appeal has ruled.’
Legal Futures, 9th May 2022
Source: www.legalfutures.co.uk
‘The Freedom of Information Act 2000 (“FOIA”) does not permit aggregation of the separate public interests in favour of maintaining different exemptions when weighing the maintenance of the exemptions against the public interest which favours disclosure of the information sought, the Upper Tribunal has ruled.’
Local Government Lawyer, 5th May 2022
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest decision.’
Family Law, 5th May 2022
Source: www.familylaw.co.uk
‘The Court of Appeal has revived an acoustic shock claim after a finding that the defendant’s evidence was incorrect and the judge was considering the wrong issue.’
Law Society's Gazette, 5th May 2022
Source: www.lawgazette.co.uk
‘Five notorious killers including Sarah Everard’s murderer and a father who smothered his own baby daughter are having their sentences reviewed by senior judges.’
The Independent, 5th May 2022
Source: www.independent.co.uk
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