News

On 18th July, Head of 3PB's Professional Disciplinary Group Sunyana Sharma, Lachlan Wilson and Shruti Sharma, all members of 3PB's Public and Regulatory group provided professional disciplinary training to DWF solicitors. The update covered: Professional discipline: general procedural guidance, strategy and tactics - by Sunyana Sharma Dishonesty: the test used by disciplinary panels and advising clients in the context of dishonesty allegations - by Shruti Sharma A focus on nurseries, childminders, OFSTED and Wales - by Lachlan Wilson. To...

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 click here. This article originally appeared...

Joseph England appeared last week in an interesting case under the Equality Act 2010 heard in the County Court in which a traveller was seeking an injunction and damages from a pub and its landlady after he was refused service. Relying on his race as a traveller, the Claimant alleges that he was refused service because of his race and that this was an act of harassment, whereas the Defendants contend that their belief was...

3PB Employment barrister Karen Moss has had 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 http://www.pibriefupdate.com/content/ and the Personal Injury Brief Update Law Journal newsletter this month. To read Karen's artile, please click here.

Simon Tibbitts provides an employment case law update covering: (1) Discrimination awards – all rise by 10%!: De Souza v Vinci Construction (UK) Ltd [2017] EWCA Civ 879 (2)  Conduct of an employee does not have to be culpable (whether negligent, reckless or dishonest) in order to constitute a potentially fair reason under s.98(2)(b) ERA 1996: JP Morgan v Ktorza (UKEAT/0311/16/JOJ) (3)  Privilege against self-incrimination and when it arises in the ET: Coletta v Bath Hill...

3PB sport law barrister Graham Gilbert has written an article for LawInSport on sexism in football and the independence of disciplinary panels in light of issues arising from the David Moyes case. David Moyes had made remarks towards an interviewer, Vicki Sparks in March 2017 and consequently faced a Football Association disciplinary hearing. The article looks at: The FA’s rules pertaining to Mr Moyes’ actions The main issues in the case Current concerns about football’s...

Louis Weston, Head of the 3PB sports group, acted, with Roderick McGuire of the Irish Bar, for the Turf Club in the successful prosecution under the Rules of Racing of Luke Comer Senior for breaches of his obligations as a trainer in respect of his supervision of his staff and records and for the misleading of Turf Club Officials. Sanction has been held over to November.  The case was heard on various occasions over a...

Gareth and Joseph were recently instructed on behalf of a national retail group to submit a written statement to the Court of Appeal arguing that permission should not be provided to the Claimant in an appeal from the EAT. The appeal concerned the correct process to be adopted at a preliminary hearing by an Employment Tribunal when considering striking out part of a claim, in particular the extent to which evidence should be heard and...

Chambers is pleased to announce that William Hansen has been promoted from the B panel to the A panel of the Attorney General’s Panels of Junior Counsel to the Crown, with effect from 1 September 2017. The appointment will last for a period of five years. The Attorney-General’s panels of counsel consists of just over 400 junior counsel who undertake civil and EU work for all government departments. There are three London panels (an A...

Adam Feest QC, prosecuting on behalf of the CPS Wessex Complex Casework Unit, successfully prosecuted the case of Kevin Adams at Bristol Crown Court in a trial lasting 8 days in June 2017. This highly unusual and sensitive case involved an allegation of gross negligence manslaughter in the context of extreme consensual homosexual sexual activity.  In a scenario of two men meeting for sex which involved mutual drug taking, the restraint of the deceased by...

In its latest judgment on contractual interpretation, the Court of Appeal provides further guidance on the interpretation of exclusion and the contra proferentem rule. Graeme Sampson (call 2010) analyses the recent case of (1) PERSIMMON HOMES LTD (2) TAYLOR WIMPEY UK LTD (3) BDW TRADING LTD v (1) OVE ARUP & PARTNERS LTD (2) OVE ARUP & PARTNERS INTERNATIONAL LTD [2017] EWCA Civ 373, which deals with exemption clauses and how they should be construed....

3PB family barrister Rachael Goodall analyses the Court of Appeal's judgement in the appeal of JS v RS [2017] EWCA Civ 408, concerning the division of matrimonial assets following the dissolution of a marriage. Rachael's analysis takes account of the jurisprudential relationship between Miller v Miller and McFarlane v McFarlane. Please click here to read Rachael's article.