‘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
‘Afghan families remain trapped in remote hotels following today’s High Court ruling that the Home Secretary did not act unlawfully by moving them from a London hotel to hotels in a city in the north of England. The move significantly disrupted the children’s education and adults’ employment. Following the judgment, the families remain in temporary accommodation and at risk of further moves, as the Home Office has failed to secure the settled accommodation it promised. The families have been stuck in hotels for over one and a half years since being evacuated from Afghanistan in August 2021.’
Garden Court Chambers, 24th March 2023
Source: www.gardencourtchambers.co.uk
‘Naidoo v Barton [2023] EWHC 500 (Ch) clarifies an important, and hitherto unresolved, issue concerning the doctrine of mutual wills. The court determined that it is the Etridge test for undue influence, applicable to challenging life time transactions, that applies when considering whether or not a mutual wills agreement should be set aside and not the more stringent probate test that generally applies where a will is challenged on the grounds of undue influence.’
Gatehouse Chambers, 12th March 2023
Source: gatehouselaw.co.uk
‘The case of Paul Chadwick v (1) RH Ovenden Limited and (2) Rian Hamilton [2022] EWHC 1701 (QB) concerns an accident which occurred on Manston Airfield (“the Airfield”) in an unused cargo plane. The Claimant, Mr Chadwick, was badly injured during the process of dismantling the plane (“the Accident”). The case examines the employment relationships as between the Claimant and the two Defendants; it serves as a helpful recap on workplace negligence principles and provides a cautionary tale on the importance of workplace risk assessments.’
Gatehouse Chambers, 7th March 2023
Source: gatehouselaw.co.uk
‘In this recent authority, Mrs Justice Theis DBE considers an appeal following a fact-finding hearing on the grounds that Part 3A and Practice Direction 3AA Family Procedure Rules 2010 were not complied with by the judge. This appeal was allowed, the findings were set aside and the case was remitted to the Designated Family Judge to consider a re-hearing. This case provides a helpful legal framework of the important provisions when the case involves a vulnerable party.’
Parklane Plowden Chambers, 10th March 2023
Source: www.parklaneplowden.co.uk
‘In the recent case of R v Holder [2023] EWCA Crim 5 the Court of Appeal considered what conduct was encompassed with the definition of “dangerous driving” under the Road Traffic Act 1988.’
Drystone Chambers, March 2023
Source: www.drystone.com
‘Laurene Veale has written an analysis of a recent judgment of the European Court of Justice on religion and protected belief discrimination for the Discrimination Law Association.’
Cloisters, March 2023
Source: www.cloisters.com
‘The Claimant appealed against a decision under Rule 37(1)(a) of the Employment Tribunal Rules, striking out claims of indirect discrimination, victimisation, failure to make reasonable adjustments, harassment, and discrimination arising from disability, on the ground that the claims had no reasonable prospect of success. The struck-out claims arose from the way in which grievances had been addressed (but did not concern the substantive outcome of the grievances).’
Parklane Plowden Chambers, 22nd March 2023
Source: www.parklaneplowden.co.uk
‘The knotty matter of having to issue personal injury and fatal accident claims occurring on ships in the Admiralty Division of the High Court is soon to addressed by amendments to the Civil Procedure Rules which will be launched on 6 April 2023.’
Parklane Plowden Chambers, 20th March 2023
Source: www.parklaneplowden.co.uk
‘Employees are currently protected against harassment committed by their employer (s.26(2) EqA 2010). However, modern workplaces mean that many workers often interact with third-party contractors or partner organisations during their working days. Frequent interaction with customers is also of course common for many, and high-profile companies such as Ikea and McDonalds have recently signed up to agreements with the Equality and Human Rights Commission (the Commission) relating to sexual harassment policies.’
Parklane Plowden Chambers, 24th March 2023
Source: www.parklaneplowden.co.uk
‘Recent reports suggest that some of the changes set out in the Ministry of Justice’s 2022 ‘Root and Branch Review of the Parole System’ may be brought forward in the Victims Bill.’
Doughty Street Chambers, 2nd March 2023
Source: insights.doughtystreet.co.uk
‘The question decided by the court in this case was whether, by the Claimant revealing in a witness statement that his solicitors “took time to make progress with my claim, primarily because they felt that the business Fashion did not look at all valuable and did not appear to present a target worth pursuing“, he could be said to have waived privilege in relation to the advice given to him, such that it was appropriate to order disclosure of supporting documentation relating to the subject matter of the waiver.’
Exchange Chambers, 23rd March 2023
Source: www.exchangechambers.co.uk
‘Czernuska is the latest of a series of judgments determining whether injuries sustained during competitive sporting fixtures were caused by negligence. This blog considers the general principles and themes on liability that emerge from this kind of litigation by looking at Czernuska v King [2023] EWHC 380 (KB), Fulham Football Club v Jones [2022] EWHC 1108 (QB) and Tylicki v Gibbons [2021] EWHC 3470 (QB).’
12 King's Bench Walk, 23rd March 2023
Source: www.12kbw.co.uk
‘These cases, which were appeals from the County Court to the Court of Appeal, dealt with the construction of section 3 of the Civil Liability Act 2018 (“the Act”). The Court of Appeal was divided on a 2:1 majority (with the Master of the Rolls dissenting). This summary will focus of the binding decision of the majority judgment.’
3PB, March 2023
Source: www.3pb.co.uk
‘In December 2017 the claimant (a solicitor) was dismissed for falsifying a timesheet. In March 2018 she issued proceedings in the Employment Tribunal alleging that the managing partner, RVT, had subjected her to sexual harassment. The Tribunal dismissed the claimant’s claims noting that her personal WhatsApp messages (18,000 of which were included in the hearing bundle) undermined her credibility and demonstrated some of the conduct she complained of had not taken place.’
Blackstone Chambers, 7th March 2023
Source: www.employeecompetition.com
‘This blog by Dan Tobin examines the Court of Appeal decision in TRX v Southampton Football Club [2022] EWHC 3392 (KB).’
Costs Litigation Blog, 10th March 2023
Source: costsandlitigationfunding.com
‘The claimant worked as a Customer Assistant for the respondent from 8 September 2008 until he was dismissed on 5 September 2018. The respondent asserted that the claimant was dismissed because, during a shopping trip in his own time, the claimant had an altercation with a store manager. He was also alleged to have been abusive to a shopper and refused to sign his training record.’
3PB, March 2023
Source: www.3pb.co.uk
‘Early numbers indicate that the controversial policy had a minimal or even beneficial impact on the Crown Court backlog, contrary to some fears. So why has it been abolished so soon?’
3PB, 14th March 2023
Source: www.3pb.co.uk
‘Braintree District Council has secured an interim injunction temporarily blocking Home Office plans to accommodate asylum seekers at an airbase, ahead of a High Court hearing on the matter next week.’
Local Government Lawyer, 11th April 2023
Source: www.localgovernmentlawyer.co.uk
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