Matthew Wyard has written an update on the right to file a Claimant's Reply which comes into effect on 06 April 2024.
It has long been customary practice for Claimants to file a Reply document following receipt of a Defendant's Acknowledgement of Service in judicial review proceedings. This is despite there being no provision in the Civil Procedure Rules allowing a Claimant to do so.
View ArticleKatherine Anderson reviews the appeal of London Borough Camden v KT [2024] UKUT 225 (AAC), in which Upper Tribunal Judge Jacobs analysed the legal position when a parent consents to the special educational provision in their child's EHCP being arranged in the family home.
View ArticleNaomi Webber reviews the changes to the annual leave entitlement and holiday pay of part-year and irregular hours workers, as The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 and the Holiday pay and entitlement reforms came into force on 1 January 2024.
View ArticleKatherine Anderson gives an update on the amendments to the Equality Act 2010, in which the purpose of the regulations is to reproduce in domestic law certain interpretive effects of retained EU law which, under the Retained EU Law (Revocation and Reform) Act 2023, would otherwise cease to apply in the UK after the end of 2023.
View Article3PB pupil barrister Jack Felvus and specialist clinical negligence barrister Hamish Dunlop have written a case summary where the Supreme Court judgment provided clarity in secondary victim claims made in a clinical negligence context.
View ArticleRobin Pickard on the case of Kaur v Sun Mark Ltd and Others [2024] EAT 41, in which the deliberate destruction of evidence to prevent its inspection ahead of a remedies hearing led to the claim being struck out.
Further, the EAT’s adoption of authorities from the civil courts in relation to the suppression of evidence, and its relationship with the ability to hold a fair hearing, is noted.
View Article3PB celebrates its specialist Education Law team’s achievements in the latest set of results published by Chambers and Partners today. The team is once again ranked in Band 3 with...
Jim Hirschmann writes about how duties to children with Special Educational Needs and Disability are often not being met and the explanation for this is often a shortage of necessary staff or placement. He provides examples from the Local Government and Social Care Ombudsman.
View ArticleCharles Fulton summarises the case of Kanwarjit Singh Juj v John Lewis Partnership PLC in which the claimant, an 83-year-old man, sustained a serious injury following a fall in a car park adjacent to a Waitrose store. A reminder that non-owners of premises may owe a duty under the Occupiers Liability Act 1957.
View ArticleGemma Ralph looks at The Court of Appeal decision in R (Peiris) v First-tier Tribunal, CICA & Secretary of State for Justice [2023] EWCA Civ 1527, in which Mr Peiris was refused a bereavement payment from the Criminal Injuries Compensation Authority as he didn't satisfy the eligibility criteria. Mr Peiris appealed to the First-tier Tribunal.
View ArticleCraig Ludlow on the case of Hargreaves v (1) Evolve Housing & Support (2) Mr Simon McGrath, in which the EAT reminds us how difficult it is to get claims struck out before Employment Tribunals.
Specifically, in this case, cogent evidence was needed to support the assertion that a fair trial was not possible because of the claimant's conduct, instead of simply relying on the ET to make this assumption.
View ArticleMark Green follows up an important change in the law since his £350,000 win in the associative indirect discrimination case of Follows.
S19A Equality Act 2010 expressly permits such claims and therefore provides important clarity for carers and others who may suffer indirect discrimination by association.
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