Articles

Jim Hirschmann writes about how duties to children with Special Educational Needs and Disability are often not being met and the explanation for this is often a shortage of necessary staff or placement. He provides examples from the Local Government and Social Care Ombudsman.

3PB's specialist Court of Protection barrister Matthew Wyard has written on the recent Court of Protection property and affairs decision of TA v the Public Guardian, a case confirming the scope of a certificate provider’s duties when executing a LPA.

Matthew Wyard has written an update on the right to file a Claimant's Reply which comes into effect on 06 April 2024.

It has long been customary practice for Claimants to file a Reply document following receipt of a Defendant's Acknowledgement of Service in judicial review proceedings. This is despite there being no provision in the Civil Procedure Rules allowing a Claimant to do so.

Naomi Webber reviews the changes to the annual leave entitlement and holiday pay of part-year and irregular hours workers, as The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 and the Holiday pay and entitlement reforms came into force on 1 January 2024.

Michelle Marnham, 3PB's Head of Personal Injury and Clinical Negligence, alongside future 3PB pupil Jeremy Warner have written on the Supreme Court Judgement in Paul v Royal Wolverhampton NHS Trust.

Alexander Whatley has written, for LexisNexis, an article about breaching payment obligations under agency agreements in the case of Aston Martin MENA Ltd v Aston Martin Lagonda Ltd. The analysis highlights the partially-successful claim, following trial, brought against this well-known manufacturer of luxury cars by its exclusive distributor in the Middle Eastern, North Africa and Turkish (‘MENA’) region.

3PB's commercial law barrister Alexander Whatley analyses the case of Abigal Boura v Lyhfl Limited [2023] EWHC 2585 (Ch), a case in which the High Court had to consider whether one director has standing to apply to court for the appointment of an administrator in circumstances where there is no majority of the board and no valid resolution of the board in favour of the application.

Matthew Wyard, Jim Hirschmann and Rosa Thomas write for Local Government Lawyer on the framework concerning the duty to consult in public law.

This article was first published in ThoughtLeaders4 Disputes Magazine.

Rosa Thomas writes for LexisNexis titled Provision in the home does have a place in EHC Plans (London Borough of Camden v KT)

Charlotte Hadfield analyses the case of Omar v Epping Forest District Citizens Advice (EA-2021-000595-JOJ), in which the EAT considers how to construe words spoken “in the heat of the moment” that are said to be words of dismissal or resignation.

The EAT also conducts an extensive and very useful review of the relevant case law.