Articles

3PB's commercial law barrister Alexander Whatley analyses the case of Abigal Boura v Lyhfl Limited [2023] EWHC 2585 (Ch), a case in which the High Court had to consider whether one director has standing to apply to court for the appointment of an administrator in circumstances where there is no majority of the board and no valid resolution of the board in favour of the application.

Matthew Wyard, Jim Hirschmann and Rosa Thomas write for Local Government Lawyer on the framework concerning the duty to consult in public law.

This article was first published in ThoughtLeaders4 Disputes Magazine.

Rosa Thomas writes for LexisNexis titled Provision in the home does have a place in EHC Plans (London Borough of Camden v KT)

Charlotte Hadfield analyses the case of Omar v Epping Forest District Citizens Advice (EA-2021-000595-JOJ), in which the EAT considers how to construe words spoken “in the heat of the moment” that are said to be words of dismissal or resignation.

The EAT also conducts an extensive and very useful review of the relevant case law.

Alex Leonhardt reviews the case of Steel v Spencer Road LLP [2023] EWHC 2492 (Ch), in which the High Court decided with some certainty that though a bonus scheme conditional on the employee remaining in employment for a specified time acts as a disincentive to that employee resigning, it does not constitute a restraint of trade.

Alex Leonhardt considers the case of ONEA v Contingent and Future Technologies Ltd [2023] EAT 125, in which the EAT issues its second reminder this year (following Lycatel Services Ltd v Schneider [2023] EAT 81) that applications to stay need to be determined following a decision on which forum the dispute would be “most conveniently and appropriately be tried” as per Bowater Plc v Charlwood [1991] ICR 798, and also considers the relationship between that test and a presumption against the High Court being bound by prior findings of the Employment Tribunal.

3PB specialist commercial barrister Poppy Watson analyses the recent case of The Federal Republic of Nigeria v Process & Industrial Developments Limited [2023] EWHC 2638 (Comm).

Craig Ludlow analyses the case of Virgin Active Ltd v Hughes [2023] EAT 130, in which the EAT considers the effect of delay on the fairness of a trial and emphasises the importance of considering material differences in circumstances between claimant and comparators when deciding whether burden of proof has shifted.

Daniel Brown analyses the case of Dr Sun v General Medical Council [2023] EWHC 1515 (Admin), which examines the significance of a doctor’s mental health difficulties in the context of findings of dishonesty. The judgment discusses the law on time limits, and provides a helpful demonstration of how CPR 52.19 (applications to limit recoverable costs) may be applied in statutory appeals of this nature.

Sam Shurey reviews the Continuous Professional Development requirements prescribed by the General Dental Council for Dentists and Dental Professionals.

Sam examines the procedure adopted by the GDC in the event of non-compliance, and provides pointers for Practitioners seeking to avoid erasure from the register.