Articles

Alice de Coverley and Alex Leonhardt analyse how the tricky, balancing questions around children’s rights, school uniforms and school discipline have been dealt with by the Courts.

This article also appeared in the Education Law Monitor.

R (L, M, P) v Devon County Council [2021] EWCA Civ

Jennifer Agyekum analyses R (L, M, P) v Devon County Council [2021] EWCA Civ, a case in which the Administrative Court is due to have the final word on the correct interpretation of the timescales for issuing a Final EHCP.

Emma Waldron reflects on the last 12 months of virtual hearings in the SEND Tribunal and looks at the many benefits as well as the disadvantages of the "new normal".

John Friel examines the issue of dealing with disabled adults or disabled young persons who give evidence either as Appellants or where the young person is giving evidence in their own case, although the parent is conducting the appeal on their behalf, or the parent is the Appellant.

Asda Stores Ltd v. Brierley & Ors [2019] EWCA Civ 44

Specialist employment law barrister Simon Tibbitts reviews Asda Stores Ltd v. Brierley & Ors [2019] EWCA Civ 44, a case concerning equal pay.

Truth Matters – Enhanced Measures for the Taking and making of Witness Statements for use at Trial

3PB's commercial and property Silk Joseph Giret QC and 3PB pupil barrister Amanda Fernandez examine the impact of Practice Direction 57AC on Witness Evidence at Trial (“PD57AC”). This will apply to witness statements for use at trials in the Business and Property Courts, specifically to claims issued next week - after 6 April 2021 - or to existing proceedings where the witness statements for trial are signed on or after 6 April 2021.

Westfields Homes Ltd and another v Keay Homes (Windrush) Ltd [2020] EWHC 3368 (Ch)

Seb Oram has reviewed the case of Westfields Homes Ltd v Keay Homes (Windrush). The case involved a potential breach of commercial, land-development contract and serves as a must-read for all commercial lawyers and litigators alike.

This article was first published by Lexis®PSL on 22/03/2021

Antonietta Grasso considers the recent case of Ficcara & Others v James [2021] UKUT 0038 (LC), [2021] All ER (D) 30 (Mar), in which the tenants raised the issue of the interpretation of sections 40, 43 and 44 HPA2016 and whether the multiplicity of offences by a landlord should result in multiple rent repayment orders.

Leeds and Yorkshire Housing Association Limited v Fothergill UKEAT/0211/20/LA

Karen Moss represented the successful Appellant before the EAT on 28th January 2021 and judgment was read out on 5th February 2021. Read Karen's analysis of Leeds and Yorkshire Housing Association Limited v Fothergill UKEAT/0211/20/LA here.

Mrs l Chalmers v Airpoint Ltd & Others UKEATS/0031/19/SS

Andrew MacPhail analyses the case of Mrs l Chalmers v Airpoint Ltd & Others UKEATS/0031/19/SS.

R (On the application of Motherhood Plan & Anor) v HM Treasury & Anor [2021] EWHC 309 (Admin)

Naomi Webber analyses the case of R (On the application of Motherhood Plan & Anor) v HM Treasury & Anor [2021] EWHC 309 (Admin). A case concerning direct discrimination.

Head (Executrix of the Estate of Michael Head deceased) v The Culver Heating Company Limited [2021] EWCA Civ 34

Grace Nicholls analyses Head (Executrix of the Estate of Michael Head deceased) v The Culver Heating Company Limited [2021] EWCA Civ 34 a case concerning ''lost years claims''.