News for: Christopher Aylwin

What duties does an organisation owe when considering whether to terminate the membership of one of its members, for a reason not expressly dealt with in its rules of association? Rebecca Farrell analyses the recent decision of Dymoke v. Association for Dance Movement Psychotherapy [2019] EWHC 94 (QB) which considered whether there is an implied duty to act fairly. Click here to view Rebecca's profile. Click here to read her analysis. Ms Dymoke was represented at trial by 3PB’s Nicholas Leviseur...

Judgment was given last week in Dymoke v Association for Dance Movement Pyschotherapy UK Ltd [2019] EWHC 94 (QB) by Mr Justice Popplewell. The case concerned a company limited by guarantee and, in the context of a decision to terminate a member's membership, an argument based on the existence of an implied term concerning the manner of the termination. The trial judge held that an implied term existed. 3PB public and regulatory law barrister Nicholas...

3PB is pleased to announce that the Senior President of Tribunals has appointed Tom Webb as a fee-paid judge of the First Tier Tribunal. Tom will sit in the Social Entitlement Chamber and will hear appeals concerned with social security and child support, criminal injuries compensation and asylum support. Tom was called to the bar in 2010 and is a member of 3PB’s personal injury and clinical negligence teams. Appointment at just 9 years’ call...

Graham Gilbert examines the relevance of a proposed amendment to the Offensive Weapons Bill currently making its way through Parliament, which will seek to introduce “Knife Crime Prevention Orders". Click here to read Graham's analysis. Click here to view Graham’s profile.

3PB barrister Craig Ludlow analyses the latest employment law cases, covering: Burden of proof in direct discrimination cases - Efobi v Royal Mail Group Ltd [2019] EWCA Civ 18 Whistleblowing – failure to comply with legal obligation / public interest test - Ibrahim v HCA International Ltd UKEAT/0105/18/BA Equal Pay: Cross-establishment comparators - Asda Stores Ltd v Brierley & Others [2019] EWCA Civ 44 Practice and Procedure – Case Management – Restricted Reporting Order /...

3PB is pleased to announce that employment barrister Joseph England will shortly be publishing a practitioners’ handbook for whistleblowing cases, focusing on the NHS. Whistleblowing claims are one of the most complex and technical that can be pursued and this book will provide a comprehensive and practical guide to the law in this field. The topic has received increased attention in recent years as a result of several high profile cases and incidents in the...

3PB Barrister Tim Bradbury leading Tom Evans successfully prosecuted four Defendants who had engaged in a sequence of ‘phoenix frauds’ cheating the public revenue of more than £3.2 million over a period of 10 years. Between them, the Hashtroudi Brothers received a total of 14 years imprisonment. 3PB Barrister Jonathan Underhill, representing their bookkeeper, was the only party to secure a suspended sentence of imprisonment. The case has been covered by the BBC.

3PB is pleased to announce its recruitment of barrister Sarah Mynard, a highly successful personal injury litigator and solicitor-advocate who has been the director of Wisdom Law, her own dental negligence practice since 2009. Sarah has over 25 years experience, qualifying as a solicitor in 1991 and becoming a barrister last year. She holds the Solicitors' Civil Higher Rights of Audience qualification which has enabled her to represent her clients in the Higher Courts in...

Properly-enforced safety procedures would have prevented the death of a dock worker crushed by a container, an inquest jury has concluded. Mieczyslaw 'Mitch' Siwak, 34, from Bognor Regis, was killed at Flathouse Quay, Portsmouth, in 2017. MMD Shipping Services, which operates the site, said it had introduced new safety measures since his death. A jury at Portsmouth Coroner's Court, concluded Mr Siwak's death was accidental. The BBC's coverage of the case said: 'Jurors were previously...

3PB are delighted to host more than 50 delegates for this two-day course for those who are new to the specialist field of clinical negligence. The event, organised by the charity Action Against Medical Accidents, is especially suitable for trainee and newly qualified solicitors, paralegals, legal executives and medico-legal advisors, and will provide the fundamental knowledge necessary to develop a career in clinical negligence. Expert speakers with a wealth of experience will cover all stages...

3PB barrister Mathew Gullick was junior counsel for the Justice Secretary in The Queen (on the applications of Hallam and Nealon) v Secretary of State for Justice [2019] UKSC 2 in which the Supreme Court, by a 5-2 majority, has ruled that the definition of “miscarriage of justice” in section 133(1ZA) of the Criminal Justice Act 1988 is not incompatible with Article 6(2) of the European Convention on Human Rights (ECHR) (the presumption of innocence). ...

3PB’s personal injury barrister Luke Ashby has been appointed by the Senior President of Tribunals as a part-time Judge of the First-tier Tribunal (Social Entitlement Chamber). He will be hearing appeals concerning social security, support for asylum seekers as well as appeals against decisions of the Criminal Injuries Compensation Authority. Luke – who was called to the Bar in 2007 – is highly regarded for his work in the field of personal injury. He will...