‘On 26 October 2024, the new duty on employers, introduced by The Worker Protection (Amendment of Equality Act 2010) Act 2023 (‘Act’), to prevent sexual harassment of employees takes effect.’
12 King’s Bench Walk Employment and Discrimination Blog, 8th April 2024
Source: 12kbwemploymentlaw.wordpress.com
‘In this article Megan Griffiths and Spencer Turner consider the recent High Court decision of Elbanna v Clark [2024] EWHC 627 (KB), in which a rugby tackle was found to have been negligent in the context of an amateur rugby match.’
12KBW Personal Injury Law Blog, 18th April 2024
Source: pilawblog.com
‘The Supreme Court recently considered the correct approach to quantum of general damages for PSLA in claims concerning whiplash and non-whiplash injuries.’
Becket Chambers, 5th April 2024
Source: becket-chambers.co.uk
‘The increasingly entrepreneurial activity of professional service providers has, as entrepreneurial activity usually does, its problems and risks. The losses of Novitas Loans Ltd., an intermediate consumer lender serving the legal market, remind anyone that the legal market is not risk-free.’
Hailsham Chambers, 11th April2024
Source: www.hailshamchambers.com
‘The Court of Appeal in SMIT Salvage BV v Luster Maritime SA [2024] EWCA Civ 260 has dismissed an appeal against the High Court’s decision that no contract was agreed for the remuneration of salvage services provided to refloat the ‘Ever Given’.’
Gatehouse Chambers, 9th April 2024
Source: gatehouselaw.co.uk
‘Does domestic law protect workers who take part in lawful strike action from detriment short of dismissal?’
Guildhall Chambers, 24th April 2024
Source: www.guildhallchambers.co.uk
‘Dispute Resolution analysis: The Managing Judges of the large GLO NOx emissions litigation have dismissed applications seeking the protection of documents used in open Court from use for collateral purposes and for information about the funding arrangements which the Claimants have in place in contemplation of a security for costs application.’
Gatehouse Chambers, 9th April 2024
Source: gatehouselaw.co.uk
‘For claims concerning alleged failures by social services departments to remove children from situations of neglect and abuse, the sands continue to shift. Decisions of the Supreme Court in CN v Poole [2019] UKSC 25 and HXA and YXA [2023] UKSC 52 appear to have narrowed the scope of claims in negligence. Attention has increasingly turned to the scope of similar claims that may be brought pursuant to Article 3 of schedule 1 to the Human Rights At 1998, in particular, relying on the ‘operational duty’ to take reasonable preventative measures to protect a member of the public from a real and immediate risk of harm of which the authorities are or ought to be aware.’
Doughty Street Chambers, 22nd March 2024
Source: insights.doughtystreet.co.uk
‘Solicitors dealing with complex fraud, money-laundering and corruption cases are very well used to having clients who are particularly vexed about their assets being restrained by a law-enforcement agency at a without notice hearing, the application perhaps being made without a charging decision even being in sight. This article focuses on the reliance, arguably the over-reliance by investigators and prosecutors, of complex financial arrangements uncovered by the financial investigators which are then labelled as, e.g. a ‘complex web’, ‘designed to obfuscate’ or to keep the world in the dark about true beneficial ownership etc. In a challenge to the Restraint Order are these complex arrangements a difficult hurdle to clear for defenders?’
Doughty Street Chambers, 22nd April 2024
Source: insights.doughtystreet.co.uk
‘A firm of solicitors was instructed to act in relation to a trust of property, but negligently failed to give effect to the settlor’s intentions with the result that the trust failed to confer the intended benefit on the settlor’s children. Faced with a claim brought by the settlor, the trustees and the intended beneficiaries, the defendants1 sought to argue that all the claims should be struck out, on the basis that nobody other than the settlor had standing to sue, and his claim was statute barred. Martin Spencer J permitted all the claims to proceed. Most strikingly, he held that in his judgment, the solicitors owed the intended beneficiaries a direct duty of care. Accordingly, the judgment amounts to an open invitation to the court, at any subsequent trial of this or a similar claim, to dispense with the complexity that bedevils this area of the law and adopt a relatively straightforward route to a remedy for disappointed beneficiaries of irrevocable inter vivos trusts.’
Hailsham Chambers, 16th April 2024
Source: www.hailshamchambers.com
‘The decision of Ritchie J in Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 gives, for the first time, judicial guidance on how the courts will apply the “substantial injustice” exception to the statutory rules on fundamental dishonesty. The case is also of interest for its clarification of when and how defendants should plead fundamental dishonesty.’
Exchange Chambers, 12th April 2024
Source: www.exchangechambers.co.uk
‘In this article, David Sharpe KC and Jake Loomes consider the recent decisions on breaches of the Premier League’s Profit and Sustainability Rules.’
12 King's Bench Walk, 4th April 2024
Source: 12kbw.co.uk
‘Breaches of the rules of natural justice have been raised in several recent cases to resist the enforcement of an adjudicator’s decision. Only in AZ v BY [2023] EWHC 2388 (TCC), which concerned the deployment of without prejudice material in an adjudication, did the court refuse to enforce an adjudicator’s decision due to a breach of natural justice (see Legal update, Disclosure of without prejudice material renders adjudicator’s decision unenforceable due to apparent bias (TCC)).’
Gatehouse Chambers, 17th April 2024
Source: gatehouselaw.co.uk
‘In this episode Katherine Apps KC speaks with environmental law pioneer Stephen Tromans KC about similarities, differences and lessons which can be learned for AI from the development of environmental, nuclear, chemicals and contaminated land law. They touch on the balance between international and domestic legal toolmaking, the effectiveness, or otherwise, of human rights and the common law and how law can best work in the context of rapidly developing technology and complex market pressures.’
39 Essex Chambers, 19th April 2024
Source: www.39essex.com
‘Dispute Resolution analysis: An application by the former administrators of a company for an increase in their remuneration has been dismissed, despite the Court concluding that they had standing to bring the application itself.’
Gatehouse Chambers, 19th April 2024
Source: gatehouselaw.co.uk
‘Thomas Horton writes for Football Law, on 26 February 2024, it was announced that Everton Football Club (“EFC”) had succeeded in its appeal against a Premier League Commission’s decision to sanction EFC with an immediate ten-point deduction for EFC’s breach of the Premier League’s (“PL”) Profitability and Sustainability Rules (“PSR”) (found in section E of the PL Rules) for the period ending season 2021/22.’
3 Hare Court. 11th March 2024
Source: www.3harecourt.com
‘In PSA v NMC and Kadiatu Jalloh [2023] EWHC 3331 (Admin), the Administrative Court allowed the PSA’s referral of the NMC’s decision only to suspend the Registrant, a psychiatric nurse. The proceedings in the High Court were, essentially, an appeal against sanction on the ground that it was too lenient.’
2 Hare Court, 5th April 2024
Source: www.2harecourt.com
‘In this series of two articles, we will discuss points of interest arising from the recent case Barclays Bank UK PLC v Terry & Anor (“the Barclays litigation”, “Barclays” and “Mr and Mrs Terry”) in which the writers were counsel for the defendants. This, the first article, discusses a point of substantive law (the court’s exercise of its equitable jurisdiction to rescind disposition made as a result of a unilateral mistake) the focus of the second article will be procedural (re: representative claims under CPR 19.8).’
Gatehouse Chambers, 22nd April 2024
Source: gatehouselaw.co.uk
‘In Hilton Foods Solutions v Wright [2024] EAT 28 the Employment Appeal Tribunal considered the meaning of “sought to take” parental leave in the Maternity and Parental Leave etc. Regulations 1999. Whether an employee “sought to take” parental leave is a factual matter for the Employment Tribunal taking into account all relevant evidence. Importantly, it is not necessary for an employee to give formal notice under Schedule 2 of those Regulations. This may also apply to other forms of leave with protection for those who “sought to take” it, including the new entitlement to carer’s leave.’
Henderson Chambers, 25th March 2024
Source: www.hendersonchambers.co.uk
‘In Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), Ritchie J found that, despite the Claimant having sustained serious injuries, which would have warranted damages of almost £600,000, that she had been fundamentally dishonest. This resulted in the entirety of her claim being dismissed under s57 of the Criminal Justice & Courts Act 2015 (‘CJCA 2015’).’
39 Essex Chambers, 16th April 2024
Source: www.39essex.com
© Inner Temple Library 2024