‘S 1(1) Civil Partnership Act 2004 stipulates that only a same-sex couple may conclude a civil partnership: “A civil partnership is a relationship between two people of the same sex…”. Rebecca Steinfeld and Charles Keidan have sought judicial review of that provision and have been unsuccessful both at first instance and in the Court of Appeal.’
Law & Religion UK, 22nd August 2017
Source: www.lawandreligionuk.com
‘Can an employer be vicariously liable for sexual assaults perpetrated by an independent physician engaged to conduct health screening of employees? Yes, according to The Hon Mrs Justice Davies in Various Claimants v Barclays Bank PLC [2017] EWHC 1929 (QB) in a judgment handed down on 26th July 2017. Simon Anderson considers its reasoning, and its wider implications for employers.’
Park Square Barristers, 8th August 2017
Source: www.parksquarebarristers.co.uk
‘The Upper Tribunal upheld the First Tier Tribunal’s decision that units of accommodation designed for students were ‘dwellings’, but overturned the decision that such units were ‘separate dwellings’. As such, the FTT did not have jurisdiction to determine the amount of service charges payable by the units’ leaseholders under sections 18 to 30 of the Landlord and Tenant Act 1985.’
Tanfield Chambers, 31st July 2017
Source: www.tanfieldchambers.co.uk
‘In the last couple of years there has been an explosion in the number of holiday sickness claims in the UK. It has reached epidemic proportions so rapidly that all the national newspapers have run stories about hotel owners, mostly in Mediterranean resorts, threatening to ban British holidaymakers. The stories have probably been exaggerated to sell papers and there is likely to be a degree of sabre-rattling from the hotel owners, but there is no doubt that it has become a significant problem for the British holiday industry, so much so that ABTA launched its “Stop Sickness Scams” campaign in June 2017.’
Park Square Barristers, 7th August 2017
Source: www.parksquarebarristers.co.uk
‘In Various Claimants v Barclays Bank PLC [2017] EWHC 1929 (QB), the High Court (The Hon Mrs Justice Davies DBE) held that Barclays Bank was vicariously liable in respect of alleged sexual assaults perpetrated by a Doctor, not employed by Barclays, who conducted medical assessments and examinations on prospective employees of the Bank.’
Henderson Chambers, 10th August 2017
Source: www.hendersonchambers.co.uk
‘In 2006, Swynson Ltd proposed to lend £15m to finance a management buy-out. It instructed Lowick Rose LLP (then called Hurst, Morrison Thomson (HMT)) to carry out due diligence on the target company. HMT did so negligently. But for its negligence, the loan would not have been made.’
Hardwicke Chambers, 28th July 2017
Source: www.hardwicke.co.uk
‘In an important decision on the correct interpretation of the burden of proof provisions in the Equality Act 2010, Efobi v Royal Mail, Tom Coghlin and Navid Pourghazi successfully appealed against an employment tribunal’s decision to dismiss a claimant’s race discrimination complaints.’
Cloisters, 14th August 2017
Source: www.cloisters.com
‘There are few local authorities in the country that haven’t experienced the enormous difficulties inherent in people setting up camp illegally in local parks and green spaces with their mobile homes and caravans, horses and dogs then leaving the area (voluntarily or otherwise) and landing the authority with an expensive bill for cleaning up.’
Hardwicke Chambers, 26th July 2017
Source: www.hardwicke.co.uk
Fighting for freedom? The historic and future relationship between conservatism and human rights (PDF)
Sir Michael Tugendhat
Bright Blue, August 2017
Source: www.brightblue.org.uk
‘The case concerned a claim by over 600 Turkish passengers against two airlines for failing to honour flights that they had booked to Cyprus. Legal advice was obtained and a meeting with solicitors was arranged by a committee at a local community centre, where CFAs were signed.’
Park Square Barristers, 7th August 2017
Source: www.parksquarebarristers.co.uk
‘Navid Pourghazi considers the recent decision in Gillett v Bridge 86 Ltd (UKEAT/0015/17/DM) where the EAT overturned a refusal of an in-time application to amend a claim form and provided helpful guidance on how Tribunals should deal with such applications in the future. A copy of the judgment is available here.’
Cloisters, 27th July 2017
Source: www.cloisters.com
‘As long ago as 1974 a benevolent approach to the assessment of the merits of a case was adopted in the Employment Tribunal (ET). Sir High Griffiths sitting in the NIRC, when addressing an application for costs, stated the following:
“Ordinary experience of life frequently teaches us that that which is plain for all to see once the dust of battle has subsided was far from clear to the combatants when they took up arms. We do not therefore attach undue weight to the fact that at the end of a skilful cross-examination on the last day of the hearing the employee was forced to concede that in the circumstances as they had emerged the employers had acted reasonably in dismissing him.”
(E. T. Marler Ltd v Robertson [1974] ICR 72.)’
Littleton Chambers, 25th July 2017
Source: www.littletonchambers.com
‘Adam Ohringer considers the recent judgment of Various Claimants v Barclays Bank plc [2017] EWHC 1929 (QB) and its implications on vicarious liability.’
Cloisters, 10th August 2017
Source: www.cloisters.com
‘In recent years there has been increasing interest as to whether construction professionals need to produce an end design that is fit for purpose or simply to show that they exercised reasonable skill and care. The Court of Appeal’s decision to overturn the first instance judgment in MT Hojgaard v Eon (and the first instance decision of Coulson J in MW High Tech v Haase), dampened the excitement somewhat by emphasising the orthodox position that, absent something really quite categorical in the terms, it is the standard of reasonable skill and care that applies.’
Hardwicke Chambers, 31st July 2017
Source: www.hardwicke.co.uk
The Merchant Shipping (Ship-to-Ship Transfers) (Amendment) Regulations 2017
The Enterprise Act 2016 (Commencement No. 5) Regulations 2017
The Warm Home Discount (Reconciliation) (Amendment) Regulations 2017
The Investigatory Powers Act 2016 (Consequential Amendments and Saving Provisions) Regulations 2017
Source: www.legislation.gov.uk
‘Nathaniel Caiden considers the recent Employment Appeal Tribunal (EAT) judgment in Dudley MBC v Willetts UKEAT/0334/16/JOJ that concerns the inclusion of voluntary overtime normally worked in calculating holiday pay.’
Cloisters, 1st August 2017
Source: www.cloisters.com
‘Caspar Glyn QC, Schona Jolly QC and Sian McKinley consider the implications of today’s seismic decision from the Supreme Court which ruled that ET fees are unlawful: R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51.’
Cloisters, 26th July 2017
Source: www.cloisters.com
‘The Supreme Court have, this morning, handed down Judgment in the case of R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, more commonly known as ‘the appeal against Employment Tribunal fees’.’
Hardwicke Chambers, 26th July 2017
Source: www.hardwicke.co.uk
‘Dispute Resolution analysis: Colm Nugent, barrister at Hardwicke Chambers, explains why the appeal court will not readily countenance a complete change of case on an appeal when the claim or defence as advanced has been struck out, or summary judgment given.’
Hardwicke Chambers, 15th August 2017
Source: www.hardwicke.co.uk
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