Articles

Alex Leonhardt reviews the case of Steel v Spencer Road LLP [2023] EWHC 2492 (Ch), in which the High Court decided with some certainty that though a bonus scheme conditional on the employee remaining in employment for a specified time acts as a disincentive to that employee resigning, it does not constitute a restraint of trade.

Alex Leonhardt considers the case of ONEA v Contingent and Future Technologies Ltd [2023] EAT 125, in which the EAT issues its second reminder this year (following Lycatel Services Ltd v Schneider [2023] EAT 81) that applications to stay need to be determined following a decision on which forum the dispute would be “most conveniently and appropriately be tried” as per Bowater Plc v Charlwood [1991] ICR 798, and also considers the relationship between that test and a presumption against the High Court being bound by prior findings of the Employment Tribunal.

3PB specialist commercial barrister Poppy Watson analyses the recent case of The Federal Republic of Nigeria v Process & Industrial Developments Limited [2023] EWHC 2638 (Comm).

Craig Ludlow analyses the case of Virgin Active Ltd v Hughes [2023] EAT 130, in which the EAT considers the effect of delay on the fairness of a trial and emphasises the importance of considering material differences in circumstances between claimant and comparators when deciding whether burden of proof has shifted.

Daniel Brown analyses the case of Dr Sun v General Medical Council [2023] EWHC 1515 (Admin), which examines the significance of a doctor’s mental health difficulties in the context of findings of dishonesty. The judgment discusses the law on time limits, and provides a helpful demonstration of how CPR 52.19 (applications to limit recoverable costs) may be applied in statutory appeals of this nature.

Sam Shurey reviews the Continuous Professional Development requirements prescribed by the General Dental Council for Dentists and Dental Professionals.

Sam examines the procedure adopted by the GDC in the event of non-compliance, and provides pointers for Practitioners seeking to avoid erasure from the register.

As non-fatal strangulation offences are increasingly charged, Rebecca McKnight examines the background to this increase and reviews the injuries in cases of strangulation based on research carried out by Dr Katherine White of the Institute for Addressing Strangulation (IFAS). Further, Rebecca looks at the implications for prosecuting and defending such cases and considers what the future might hold in this area of criminal law.

Holly Fagan outlines the new sentencing guidelines for perverting the course of justice and witness intimidation - both effective from 1/10/2023; and guidelines in relation to dangerous driving and causing serious injury by dangerous driving - both effective from 1/7/2023.

Oliver Hirsch analyses the case of R v AFU [2023] EWCA Crim 23, a case in which the Court of Appeal reviews the authorities on abuse of process applications in trafficking and modern slavery cases.

The Court confirms that the police must take proactive steps to investigate a suspect’s trafficking or slavery status, and in particular consider making an NRM referral.

Jonathan Underhill sets out a short sentencing aide memoire for cases of intentional non-fatal strangulation with reference to the key cases of Rex v Cooke [2023] EWCA Crim 452, Rex v Borsodi [2023] EWCA Crim 899 and Rex v Yorke [2023] EWCA Crim 1043.

Mathew Gullick KC analyses the implications of the Supreme Court's decision in the case of Agnew. In particular, in its overruling of the EAT decision in Bear Scotland, the judgment provides helpful clarity and guidance on what amounts to a "series" of deductions from wages, a question of fact to be determined in the circumstances of each particular case.

Alex Leonhardt reviews the case of McNicholas v (1) Care and Learning Alliance (2) CALA Staffbank [2023] EAT 127, in which the EAT considered whether a regulator’s decision that there was a case to answer, following initial reports made in retaliation for a protected disclosure, constituted an “intervening act” in assessing damages.