Articles

Unfair Terms: What has changed recently?
UCTA 1997: dealing on another’s standard terms
Changes to unfair terms in consumer contracts

To read Seb Oram's analysis, please click on the link below.

Oh my Ghosh!

Just when you thought there was no need to attend another seminar regarding dishonesty in regulatory proceedings and then comes along Ivey (Appellant) v Genting Casino (UK) Ltd t/a Crockfords (Respondent) [2017] UKSC 67. Please click below to read 3PB barrister Jennifer Agyekum's analysis.

3PB's Personal Injury team provides legal update on Disclosure, Fraud, Fundamental Dishonesty and Contempt Proceedings

3PB Employment barrister Oliver Isaacs analyses the latest employment law cases, covering:

1. Early Conciliation – De Mota v ADR Network UKEAT/0305/16/DA
2. Practice and Procedure - Jhuti v Royal Mail UKEAT/0061/17/RN
3. Burden of Proof - Efobi v Royal Mail Group Ltd
4. Causation and Apportionment – BAE Systems (Operations) Ltd v Konczak (2017) EWCA Civ 1188
5. Permanent Health Insurance - ICTS (UK) Ltd v Visram (2017) All ER D 229
6. Whistleblowing - International Petroleum Ltd v Osipov & Others (2017) UKEAT/0058/17/DA

Please click below to read Oliver's case law update.

"National Minimum Wage: A better night’s sleep": an analysis by Andrew MacPhail, who achieved a successful outcome for the claimant in Focus Care Agency v Mr B Roberts, EAT.

Employment specialist Matthew Curtis provides an employment case law update covering:

1. Tribunal fees – the latest position
2. Suspension – the risks
3. ACAS Early conciliation – the latest skirmishes in an ongoing war (De Mota v ADR Network & anor UKEAT/0305/16)
4. Presidential guidance – pensions and Vento
5. Burden of proof in discrimination claims

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.

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.