News for: Christopher Aylwin

Race discrimination - 'Coconut' - Joseph England considers recent analysis of comparators and striking out

23rd January 2018

In Walters v Avanta Enterprise Limited [2017] UKEAT 0127_17_2112 (December 2017), Slade J in the Employment Appeal Tribunal considered a case in which the Claimant argued that being labelled a ‘coconut’ (i.e. being black on the outside, white on the inside) demonstrated a racially discriminatory motivation but her claim was struck out as having no reasonable prospect of success. The case examines how to correctly construct a comparator and also repeats the trite warning against...

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3PB Family Barrister Emma Harman on the lessons learned from A Local Authority v G (Parent with Learning Disability) [2017] EWFC B94

19th January 2018

The recent case of A Local Authority v G (Parent with Learning Disability) [2017] EWFC B94 has highlighted the importance that all families in which one or more of the parents has a learning disability are given the support that they require to be able to care for their children. However, the judge in this case found that this obligation does not extend to support that is tantamount to substituted parenting. To read Emma's full...

3PB Criminal barrister Thomas Acworth represented a defendant with a long history of mental instability, who threatened his father with a knife at the family home, caused over £25,000 worth of damage to his father’s property and threatened to carry out an acid attack on a friend’s sister. Read more about Thomas here. For more information about the case, please click here.

3PB Barrister Nicholas Cotter has successfully demonstrated before Lincoln Crown Court that his client was not responsible for causing the actual deaths of three residents arising from a breach of Health and Safety (non-employees) in a care home. The Care Home had on advice admitted security and risk assessment failures linked to its care of the three residents and was fined £70,000.

3PB Head of Sports Louis Weston and Sports barrister Gemma White highlight key 2018 Sports Law issues for LawInSport

15th January 2018

Sports barristers Louis Weston and Gemma White have this year again participated in LawInSport’s 2018 key sports issues survey. Praising whistleblowers and the important part they play in making and keeping sports clean, Senior Junior Louis Weston expects their role to be further encouraged and their actions protected by Sports governing bodies in 2018. Gemma White anticipates the world of Sport to learn and benefit from the #MeToo movement, providing governing bodies the drive to...

3PB's highly regarded crime practice has started the new year on a positive note by welcoming highly experienced criminal advocate Elisabeth Bussey-Jones to Chambers. Elisabeth undertakes cases which range from murder, large scale drug operations, multi-handed fraud and international money laundering cases, and cases of historic serious sexual offences, violence and gun crimes. She has been a Grade 4 prosecutor since 2007 and is on the Rape and Serious Sexual Offences Panel for the Western and...

3PB crime group barrister Miss Berenice Mulvanny has successfully defended a man accused of kidnap and sexual assault in Southampton Crown Court. The case revolved around the allegation that Eric Williams posed as a taxi driver outside a Southampton before touching his intoxicated victim in his car in the early hours of July 30. However, after nearly six hours, a jury found him not guilty of kidnap and sexual assault. Read press coverage from the...

Sports Barrister Graham Gilbert was Junior to Tim Naylor, the BHA’s Head of Regulation, in the independent disciplinary panel considering whether Jockey Hayley Turner had broken the Rules of Racing on the grounds of bets placing. For more information on the hearing, please click here. The case attracted press coverage in The Guardian, SBC News and the BBC among others.

3PB’s booming London team has been joined by senior barrister Poonam Bhari from rival chambers St Phillips. Poonam is well known nationally as a leading family barrister. She has appeared at all levels of court - from the FPC to the Court of Appeal -  acting on legally-aided and privately-funded childcare cases including where there are allegations of sexual abuse, non-accidental injuries, death of a child or parent and non-compliance with contact orders. Poonam was involved in the first proceedings...

Karen Moss has successfully appealed a judgment which wrongly excluded all pre-termination negotiations pursuant to s.111A ERA 1996, when such negotiations were admissible for the purposes of determining whether there was a termination at all - Basra v BJSS Ltd UKEAT/0090/2017.

The Supreme Court has again reconsidered causation and loss, in the context of a professional negligence claim against a valuer. Richard Whitehouse analyses the recent decision in Tiuta International Limited (in liquidation) v De Villiers Surveyors Limited [2017] UKSC 77. Richard is a Commercial Law barrister specialising in commercial contracts, the law of business entities, professional negligence, and insolvency. View his profile here.