Articles

3PB family barrister, Jennifer Kotilaine reflects on the various ways in which the application of children law has adapted to the internet and social media and on the further adaptations that may lie ahead.

Read Hamish Dunlop's lecture notes on Owens v Owens, a groundbreaking divorce case scheduled to go to the Supreme Court. Hamish's analysis explains why this case could lead to the introduction of no-fault divorce in the UK.

3PB's criminal law barrister Graham Gilbert explains the details of the cases involving Lavinia Woodward and Natalia Sikorska.

Journal of Planning and Environment Law publishes a superb review of Webster and Weatherley’s “Restrictions on the Use of Land”.

In a review authored by Dr Ashley Bowes, the Journal of Planning and Environment Law has positively commented on “Restrictions on the Use of Land”, William Webster and Robert Weatherley’s planning law reference book.

Click below to read the review.

Published by Wildy, Simmonds & Hill the book covers the law and practice in a number of fields which impact the use of land and there is considerable focus on remedies for the infringement of rights in, on or over land. The areas covered include: easements, town and village greens, public rights of way, restrictive covenants, assets of community value and elements of planning law.

The Tribunal Fees Order is unlawful and discriminatory.

3PB Employment barrister Sarah Bowen reviews the Supreme Court’s landmark decision in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 that Tribunal fees are unlawful and discriminatory and considers what might happen next!

3PB Employment barrister Joseph England examines the decision reached by the Court of Appeal in Day v Health Education England & Ors. [2017] EWCA Civ 329, where the Court of Appeal held that a junior doctor can rely on ‘whistleblowing’ protection against Health Education England despite a separate employment relationship with an NHS Trust, bolstering protection for 54,000 junior doctors and agency workers nationwide.

To read Joseph’s article, please on the link below. This article originally appeared in the ELA Briefing publication July 2017.

Joseph was Counsel for the Claimant in McTigue v University Hospital Bristol NHS Trust [2016] ICR 1156, a case also concerning protection for whistleblowers and on which the Court of Appeal based their judgment in Day. Further details about McTigue can be found here

Karen Moss has an article published on the impact of Wyatt v Hampshire County Council UKEAT/0013/16 on litigants claiming personal injury damages in the employment tribunal.

See www.pibriefupdate.com and the Personal Injury Brief Update Law Journal newsletter this month.

In a recent judgment in the Employment Appeal Tribunal – Hampshire County Council v Wyatt UKEAT/0013/16 (13 October 2016) – Mrs Justice Simler DBE gave important presidential guidance on the questions which frequently arise in discrimination remedy hearings when tribunals consider claims for non-pecuniary damages and/or where there might be competing causes of injury. Karen Moss

Simon Tibbitts provides an employment case law update covering:

(1) Discrimination awards – all rise by 10%!: De Souza v Vinci Construction (UK) Ltd [2017] EWCA Civ 879
(2) Conduct of an employee does not have to be culpable (whether negligent, reckless or dishonest) in order to constitute a potentially fair reason under s.98(2)(b) ERA 1996: JP Morgan v Ktorza (UKEAT/0311/16/JOJ)
(3) Privilege against self-incrimination and when it arises in the ET: Coletta v Bath Hill Court (Bournemouth) Management Company Ltd (UKEAT/0297/16/RN)
(4) Court of Appeal reminds us again that ‘because of’ is not to be equated with a simple ‘but for’ analysis: Greater Manchester Police v Bailey [2017] EWCA Civ 425
(5) Farmah and ors v Birmingham City Council (UKEAT/0286/15/JOJ)
(6) King v The Sash Window Workshop Ltd

3PB Family Barrister Rachael Goodall analyses the Court of Appeal's judgement in the appeal of JS v RS [2017] EWCA Civ 408, concerning the division of matrimonial assets following the dissolution of a marriage.

Rachael's analysis takes account of the jurisprudential relationship between Miller v Miller and McFarlane v McFarlane.

3PB Employment barrister Sarah Clarke provides a case law update covering the past month. Sarah's update includes: Dismissal connected to absence because of cancer treatment was not discrimination arising from disability: Charlesworth v Dransfields Engineering Services Ltd; If an employee working night shifts is required to 'sleep in' at the premises, are they entitled to NMW for this time? It depends, says the EAT in 3 conjoined appeals: Focus Care Agency Ltd v Roberts UKEAT/0143/16/DM; Frudd v The Partington Group Ltd UKEAT/0244/16/DM; and Royal Mencap Society v Tomlinson-Blake UKEAT/0290/16/DM; Where an employee works in more than one EU state, the employment contracts fall within the jurisdiction of the country where, or from which, the employee principally carries out their obligations: Nogueira and others v Crewlink Ltd C-168/16; Moreno Osacar v Ryanair, formerly Ryanair Ltd C-169/16.

Employment law barrister Thomas O'Donohoe examines the impact of the general election's result on employment cases. In the wake of the snap general election's result, employment law barrister Thomas O'Donohoe examines how employment cases may be affected.