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Welcome to the 50th edition of our employment and discrimination law newsletter, edited by Simon Tibbitts and featuring team news with contributions from head of group Craig Ludlow, Jo Laxton, Colin McDevitt, Stephen Wyeth and Alex Leonhardt.
Case analysis is provided by Simon Tibbitts, Katherine Anderson, Joseph England and Alex Leonhardt and covers the following cases: Mrs Kristie Higgs v Farmor’s School (The Archbishop’s Council of the Church of England intervening) EA-2020-000896-JOJ; Phipps v Priory Education Services Ltd [2023] EWCA Civ 652; Greasley-Adams v Royal Mail Group Limited [2023] EAT 86 and Mrs N Moustache v Chelsea and Westminster NHS Foundation Trust: [2022] EAT 204.
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Specialist 3PB employment and discrimination law barrister Alex Leonhardt represented the successful respondent, the Open University, in a case brought by a former employee on the basis of alleged discrimination against him because of his English nationalist beliefs in Cave v The Open University. On a determination of the preliminary issue of whether Mr Cave’s beliefs were protected under the Equality Act 2010, the judge determined that those beliefs were an ethno-centric form of nationalism...
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Employment law barrister Stephen Wyeth has successfully represented United Taxis in United Taxis Ltd v (1) Mr R Comolly (2) Mr R Tidman - and - Mr R Tidman v (1) United Taxis Ltd v (2) Mr R Comolly [2023] EAT 93, a case in which the EAT overturned the ET's decision that a taxi driver, Mr Comolly was both a worker of the taxi operator, United Taxis Ltd (Stephen’s client) and an employee of...
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3PB Barristers very own house band “Out of Office” has won the Bristol Law Society’s Battle of the Bands contest at The Fleece on Thursday 29 June. Performing in a packed venue in central Bristol, the band delighted the crowd with songs from Tina Turner, the Killers, the Kings of Leon, the Doobie Brothers, Blur and Green Day. Nicola Frost (singer) was outstanding in her emulation of Tina Turner, well complemented by James Davison’s charisma...
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3PB Barristers’ (3 Paper Buildings) specialist commercial barrister Ashley Blood-Halvorsen (pictured here) has written for Lexis Nexis on the recent case of Quantum Advisory Ltd v Quantum Actuarial LLP [2023] EWHC 1338 (Ch) in which a result was reached through judicial guidance rather than a declaration by the court. The case in question involved the court interpreting an existing agreement between the parties, with the claimant seeking to establish an “implied obligation of good faith”. The...
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David Kemeny edits our Personal Injury and Clinical Negligence newsletter, with analysis from Michelle Marnham, David Kemeny, Paul Newman and Dr Tagbo Ilozue of the following cases: Jenkinson v Hertfordshire CC [2023] EWHC 872 (KB); ABC and others v Derbyshire CC and CC Derbyshire Constabulary [2023] EWHC 1337 (KB); Bilal and Malik v St George's University Hospital NHS Foundation Trust [2023] EWCA Civ 605; and Blair v Jaber [2023] EW Misc 3 (CC).
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Poonam Bhari (pictured here), specialist family barrister at 3PB Barristers (3 Paper Buildings) has written for The Barrister on the possible effects that backlogs in family dispute resolution cases can have on both the families involved and the overall structure of family law proceedings. In her article, published in the June/July issue, Poonam highlights the significant backlog of cases within the family courts and explores how early resolution and out of court settlements could help...
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3PB is deeply saddened to announce the death of Leanne Smith, a member of our practice management team based in Bournemouth, who passed away suddenly on 31 May. Leanne was greatly-liked by colleagues and clients alike and we extend our sincere condolences to Leanne’s family and to her many friends. Rest in Peace.
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We are delighted to announce that 3PB commercial litigation barrister Makhsudul (known as Max) Islam, pictured here, has been shortlisted for ‘Barrister of the Year’ award at the Worcestershire Law Society Awards 2023. Max Islam is a former litigation lawyer for two international law firms, with a busy court practice now of trials and interlocutory hearings and advisory practice and acts as a mediation-advocate. He has a strong following and is regularly instructed by leading...
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3PB Barristers’ (3 Paper Buildings) specialist intellectual property barrister Mark Wilden (pictured here) has written for The Barrister on fighting against unjustified intellectual property takedown complaints in online platforms such as Amazon, eBay and YouTube. In his piece, “Rebalancing the scale: fighting back against meritless IP takedown complaints”, Mark explores three recent cases in which baseless complaints about alleged patent and copyright infringement have resulted in loss of income to individual sellers/content creators. Because sites such...
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3PB's specialist criminal and regulatory barrister Jonathan Underhill’s 28 year-old client was acquitted of charges of rape and intentional strangulation less than a week before trial. Despite prolonged and protracted attempts to gain access to his client’s phone, which had been retained by police investigators; a comprehensive review of that telephone material was undertaken by his defence team following its provision being directed by the Court. Jonathan uncovered vital exculpatory evidence which fundamentally undermined the...
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Our Employment and Discrimination law team publishes its 49th monthly newsletter, edited by Katherine Anderson, with analysis from Katherine, Andrew MacPhail and Daniel Brown of Royal Parks Ltd v Boohene, Antwi and Others [2023] EAT 63; Lovingangels Care Home Ltd v Mhindurwa [2023] EAT 65; Alcedo Orange Ltd v Mrs G Ferridge-Gunn [2023] EAT 78; and Miles v Driver and Vehicles Standards Agency [2023] EAT 62.
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