Easter Break
There will be no posts over the Easter holiday. We will resume posting on 2nd April 2024
There will be no posts over the Easter holiday. We will resume posting on 2nd April 2024
‘The holiday park operator Pontins has been served with an “unlawful act notice” after an investigation by the equality watchdog found multiple instances of race discrimination against Irish Travellers.’
The Guardian, 15th February 2024
Source: www.theguardian.com
‘In this case, Catherine McAndrew, a Senior Associate in the Insurance and Reinsurance team at CMS, comments on the Supreme Court’s decision in TUI Limited v Griffiths [2023] UKSC 48, which was handed down on 29 November 2023.’
UKSC Blog, 26th January 2024
Source: ukscblog.com
‘The central question facing the Supreme Court in Griffiths v TUI UK Limited [2023] UKSC 48 concerned the extent to which a party must put criticisms of a witness’ evidence to him in cross-examination. The Supreme Court made clear that the general rule in civil cases is that a party is required to challenge by cross-examination the evidence of any witness (whether factual or expert) if he wishes to submit that the evidence should not be accepted by the court. Importantly, this rule is not confined to allegations that the witness is dishonest. The rule is, however, a flexible one; it will not always be necessary for every point of challenge to be put to a witness, and in some cases (such as where evidence is “manifestly incredible”) it may not apply at all. Although the Supreme Court gave a conceptually clear answer to the question before it, difficult practical issues are likely to continue to arise for trial advocates who wish to challenge factual or expert witness evidence.’
UK Human Rights Blog, 3rd January 2024
Source: ukhumanrightsblog.com
‘In this action On the Beach Ltd (OTB) and associated companies sought to recover from Ryanair sums for which OTB was liable to its customers pursuant to the Package Travel and Linked Travel Arrangements Regulations 2018 (the PTRs).’
International & Travel Law Blog, 2nd November 2023
‘The Supreme Court has handed down its long-awaited judgment in Griffiths v TUI [2023] UKSC 48, an appeal which directly concerns a Package Travel holiday sickness claim but which will also indirectly affect all those who are involved in civil litigation, due to wide ramifications of the Court’s consideration of the issue of uncontroverted expert evidence. In this post, Peter Hale considers the Supreme Court’s decision to overturn the decision of the majority of the Court of Appeal.’
International & Travel Law Blog, 29th November 2023
‘The Supreme Court has handed down its highly anticipated decision in TUI UK Ltd v Griffiths [2023] UKSC 48. The Supreme Court unanimously allowed the appeal of the Claimant, reversing the decision of the Court of Appeal.’
Ropewalk Chambers, 30th November 2023
Source: ropewalk.co.uk
‘A decision by the UK Supreme Court has made it clear that the principle of fairness in relation to expert evidence means a party should not entirely reserve its criticisms of an expert’s evidence for closing submissions.’
OUT-LAW.com, 6th December 2023
Source: www.pinsentmasons.com
‘Sarah Prager KC analyses the latest instalment in the great Covid refund saga.’
Local Government Lawyer, 18th July 2023
Source: www.localgovernmentlawyer.co.uk
‘In the recent case of Mundy v TUI UK Ltd [2023] EWHC 385 (Ch), the High Court (Collins Rice J) provided helpful clarification about when Part 36 offers deal with an apportionment of liability.’
Pump Court Chambers, 27th March 2023
Source: www.pumpcourtchambers.com
There will be no posts over the Easter holiday. We will resume posting on 11th April 2023.
‘In Mundy v TUI UK Ltd [2023] EWHC 385 (Ch) (judgment available here), Collins Rice J heard an appeal which considered the implications of the Claimant’s Part 36 offer to split “liability” at 90%/10%.’
Ropewalk Chambers, 6th March 2023
Source: ropewalk.co.uk
‘A claimant’s 90/10 liability offer went against both the letter and spirit of civil procedure rules on Part 36, a High Court judge has ruled.’
Law Society's Gazette, 16th March 2023
Source: www.lawgazette.co.uk
‘Peter Doughty unpacks the decision in Michael Cowie and Others v Scottish Fire and Rescue Service [2022] EAT 121, which involved a Special Leave scheme set up during the pandemic.’
Local Government Lawyer, 16th September 2022
Source: www.localgovernmentlawyer.co.uk
‘The entitlement to 5.6 weeks’ paid annual leave in the Working Time Regulations (WTR) is fairly straightforward to operate for full-time employees, working five days a week and paid a fixed salary. The employer just needs to let them take five weeks and three days off work, and carry on paying them their salary. Ever since the seminal judgment of the CJEU in BECTU we have known that the right in the parent Directive applies to all workers, without exception, from day one. But what does a right, expressed in weeks, mean for those, often misleadingly referred to as ‘atypical’ workers, who work only some days a week, only some weeks of the year or under a zero hours contract? What is the link, if any, between the time or hours worked and the period of annual rest?’
Old Square Chambers, 20th July 2022
Source: oldsquare.co.uk
‘Joel Wallace provides a review of the recent Supreme Court decision in Harpur Trust v Brazel [2022] UKSC 21. A copy of the judgment can be found here. Topics include: annual leave entitlement, annual leave pay, zero-hour contracts, gig workers and irregular workers.’
Littleton Chambers, 28th July 2022
Source: littletonchambers.com
‘The Court of Appeal will this week (16 June) will this week consider the role of local authorities, under the Care Act 2014, in respect of facilitating holidays and recreation for people with care needs.’
Local Government Lawyer, 14th June 2022
Source: www.localgovernmentlawyer.co.uk
‘A fraudster who conned holidaymakers into paying for fake Covid-19 certificates has been jailed.’
BBC News, 17th May 2022
Source: www.bbc.co.uk
‘An additional bank holiday has been created in the UK this year to celebrate the Queen’s Platinum Jubilee. Does this entitle a contractor to claim an extension of time? A client recently asked this question in the context of a project using the JCT Design and Build Contract 2016. It certainly throws up a number of issues.’
Practical Law: Construction Blog, 4th May 2022