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COVID-19 and “Force Majeure” of contracts – Not so fast! Philip Bambagiotti takes a contrary view to the new group-think which seems to reach for ‘force majeure’ as the first answer to the challenge to performance of existing contracts posed by the Covid-19 crisis.
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Can a tribunal depart from an agreed List of Issues at a final hearing? Yes, in certain circumstances, says the Court of Appeal in Mervyn v BW Controls Ltd [2020] EWCA Civ 393.
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Which employees can I furlough and how does the furloughing process work? An analysis by Sarah Clarke for Business West
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Education law barrister, Matthew Wyard examines the impact of the Coronavirus Bill on the independent education sector.
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Charlotte Hadfield's introduction to temporary closure directions and temporary continuity directions, with a review of how special educational provision may operate if the Coronavirus Bill is enacted in its current form.
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Lydia Pemberton provides useful probate guidance in the era of Covid-19.
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Education and public law barrister Matthew Wyard and Paul Wyard of Sinclairslaw review Nottinghamshire CC v SF and another, a case in which the Court of Appeal held that the First-Tier Tribunal had correctly construed the meaning of ‘necessary’ in section 37(1) of the Children and Families Act 2014 (CFA 2014) in finding that it was necessary for special educational provision to be made for a child in accordance with an EHC Plan – even though the school had identified and made provisions for the child’s needs and the child was making progress at school.
This article was first published by LexisPSL on 9 March 2020.
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Matthew Wyard analyses Re: ACC &Ors [2020] EWCOP 9, a case concerning the conflicts of interests that may arise where property and affairs deputies instruct a firm with which they are associated to carry out instructions for P, or to conduct litigation on P’s behalf.
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Whistle-blowers beware: just because there is a PD doesn’t necessarily mean that the employer can’t respond (and damage your reputation) in order to ‘set the record straight’ - An analysis of Jesudason v Alder Hey Children’s NHS Foundation Trust [2020] EWCA Civ 73
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Illegality and separating a PD from an underlying dispute. Simon Tibbitts analyses Robinson v His Highness Sheikh Khalid Bin Saqr Al Qasim UKEAT/0106/19/RN
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Jhuti in the context of unfair dismissal proceedings. Grace Nicholls analyses Uddin v London Borough of Ealing UKEAT/0165/19/RN -
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Can a one-off decision amount to a PCP? Generally not, unless it can be shown that the decision, act or omission relied upon would be the same in a similar situation, says the Court of Appeal in Ishola v Transport for London [2020] EWCA Civ 112
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