Articles

Lydia Pemberton provides useful probate guidance in the era of Covid-19.

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.

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.

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

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

Jhuti in the context of unfair dismissal proceedings. Grace Nicholls analyses Uddin v London Borough of Ealing UKEAT/0165/19/RN -

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

Long term disability benefits: it all depends on the contract. Katherine Anderson on ICTS (UK) Limited v VISRAM [2020] EWCA Civ 202

Reasonable adjustments – Is it relevant that the employee didn’t mention them? Katherine Anderson analyses Shah v TIAA Ltd UKEAT/0180/19/BA, following her successful representation of the respondent employer in this appeal before the EAT.

When are Article 8 rights engaged in the context of an unfair dismissal claim and how should the engagement of such rights be approached by the tribunal? Sarah Clarke analyses Q v Secretary of State for Justice UKEAT/0120/19/JOJ.

Strike Out: seriousness of default and possibility of a fair trial require careful consideration. Grace Nicholls analyses Duncan Lewis Solicitors v Puar UKEAT/0175/19/RN.

Ethical veganism: a philosophical belief. Naomi Webber analyses Casamitjana v The League Against Cruel Sports (ET case no. 3331129/2018).