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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...
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Amy Beddis has joined 3PB’ growing family team. Amy is a specialist family practitioner with an emphasis on private law children and financial work. Throughout her career Amy has worked with Government departments, local authorities, housing associations, charities and social enterprises alongside businesses from the private sector and brings her breadth of knowledge and experience to her career at the bar. Private Law Amy is regularly instructed in all aspects of children matters and has built...
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In support of Mediation Awareness Week 2017, the CIArb, Blake Morgan and 3PB have joined forces to organise a Mock Mediation in Cardiff on 19 October. Blake Morgan Partner Lee Fisher will mediate the actors taking part in the Mock event, while 3PB Barrister Paul Newman will report on the proceedings. For more information and to book your space, please click here.
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Simon Tibbitts has secured awards of costs for his respondent clients in two recent cases before the Employment Tribunal both on the basis that the original claims presented were unreasonable / misconceived. The first, which was heard in London Central Employment Tribunal at the end of August 2017 resulted in a cost award of £2,000. The second, an unconnected matter, resulted in a costs award being made of just over £16,000 following a week long...
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Adam Feest QC and Jodie Mittell represented Lucasz Jarosz who was charged with the attempted murder of a 13 year old school girl. The case had a tragic background as the offence was committed on the day when the defendant’s wife had committed suicide. He then drove his car deliberately towards a railway bridge in an attempt to kill both himself and the girl. When imposing a sentence of 8 years, HHJ Forster QC accepted...
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Sports Barrister Graham Gilbert has represented the BHA in a disciplinary panel concerning Jockey Dale Swift and his testing positive for the use of cocaine. For more information on the hearing, please click here. The case attracted press coverage in The Times and from the BBC among others.
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Back in August, Graham Gilbert wrote a short piece about Ms Lavinia Woodward, the Oxford medical student who has gained an unfortunate notoriety following her conviction for stabbing her then-boyfriend in the leg with a bread knife. In part, her “fame” arose because HHJ Pringle, QC, adjourned sentencing until 25th September and indicated that he may see fit to impose a suspended sentence. On 25th September, he did just that, and so it seems to...
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Jane Rowley was Lead Defence Counsel for one of 5 men accused of trafficking for sexual exploitation, sexual activity with a child, conspiracy to facilitate the prostitution of children and the supply of drugs, in R v Asad and others (Operation Wren) Newcastle Crown Court 2017. The trial arose as a result of Operation Sanctuary/Wren which was one of the largest police investigations into the sexual exploitation of vulnerable girls/women ever mounted in the UK. The...
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3PB Barristers' Commercial Law Group brings you the Summer Edition of its Commercial Law Update Handout. Please click here to view it. Topics: David Berkley QC Determining duty of care James Davies Unfair prejudice petitions Charles Irvine Relief from sanctions Nicole Bollard Exclusions and limitations of liability Susan Jones Privilege in bankruptcy
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In her latest article, 3PB Employment barrister Sarah Bowen examines the ECHR’s final decision in Burbalescu v Romania and its impact on private and public employers who chose to monitor staff communications. Sarah provides a useful summary of the principles relevant to this complex area of law and its impact on convention rights. To read Sarah’s article, please click here.
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3PB Employment barrister Andrew MacPhail examines the decision taken by Justice Simler in Focus Care Agency & Ors v Mr B Roberts & Ors UKEAT/0143/16/DM & Ors and when "sleep-in" shifts constitute time work under the National Minimum Wage Regulations 2015. To read Andrew's analysis, please click here.
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Employment specialist Matthew Curtis provides an employment case law update covering: Tribunal fees – the latest position Suspension – the risks ACAS Early conciliation – the latest skirmishes in an ongoing war (De Mota v ADR Network & anor UKEAT/0305/16) Presidential guidance – pensions and Vento Burden of proof in discrimination claims Please click here to read Matthew's case law update.
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