Emma Waldron reflects on the last 12 months of virtual hearings in the SEND Tribunal and looks at the many benefits as well as the disadvantages of the "new normal".
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John Friel examines the issue of dealing with disabled adults or disabled young persons who give evidence either as Appellants or where the young person is giving evidence in their own case, although the parent is conducting the appeal on their behalf, or the parent is the Appellant.
View ArticleSpecialist commercial law barrister Richard Whitehouse presented a webinar alongside Jack Webb on 22nd April 2021. The webinar examines the impact of Brexit and the pandemic on litigation. Richard's notes are available to read here.
Watch the webinar on impact of Brexit and the pandemic on litigation here.
View ArticlePreparing to trade in a post-pandemic economy: options available to employers facing uncertain times
Gareth Graham and Matthew Curtis examine the options in this employment law webinar first broadcast on 21 April 2021 and look at the potential pitfalls for businesses looking to make redundancies or organisational changes due to pressures caused by reduced activity.
Read their notes and answers to the most common questions received.
View ArticleWhen trust and confidence have broken down: CoA on the correct test to apply in re-engagement orders
The Court of Appeal clarifies the correct test to apply when a tribunal is considering whether or not to make an order for re-engagement when the employer argues that the trust and confidence has broken down.
Specialist employment law barrister Sarah Clarke analyses Kelly v PGA European Tour [2021] EWCA Civ 559.
View ArticleNaomi Webber examines the Court of Appeal's decision in National Union of Professional Foster Carers v The Certification Officer [2021] EWCA Civ 548, the latest in a number of decisions to look at the unique position of foster carers, this time considering the ability to form trade unions, under Article 11 European Convention on Human Rights and Fundamental Freedoms (‘ECHR’) (the right to freedom of association).
View ArticleIn this article, Andrew MacPhail analyses Cox V Adecco & Others UKEAT/0339/19 and the steps respondents should take to limit the possible risks presented to them by unclear and confusing pleadings from litigants in person.
View ArticleGrace Boorer reviews All Answers Ltd v Mr W and Ms R [2021] EWCA Civ 606, a discrimination case in which the Court of Appeal reasserts the importance of considering all the elements of the disability status test under s6 and schedule 1 of the Equality Act 2010, and that it is crucial to consider the question of whether an impairment had lasted or was likely to last at least 12 months at the date of the discriminatory acts.
View ArticleRecent developments in commercial landlord & tenant - Liability for commercial rent in the pandemic: a review by Gavin Hamilton.
View ArticleTruth Matters – Enhanced Measures for the Taking and making of Witness Statements for use at Trial
3PB's commercial and property Silk Joseph Giret QC and 3PB pupil barrister Amanda Fernandez examine the impact of Practice Direction 57AC on Witness Evidence at Trial (“PD57AC”). This will apply to witness statements for use at trials in the Business and Property Courts, specifically to claims issued next week - after 6 April 2021 - or to existing proceedings where the witness statements for trial are signed on or after 6 April 2021.
View ArticleCan an individual be a ‘worker’ if they are not obliged to accept any work at all?
Daniel Brown analyses the decision in Nursing and Midwifery Council v Somerville UKEAT/0258/20/RN(V), which puts the spotlight on the Uber judgment and its impact on determining employee/worker status, in this case for one of the numerous regulatory bodies that operate panels of individuals to determine allegations of professional misconduct.
View ArticleWhistleblowing: causation, guidance for complex cases and judicial proceedings immunity
Colin McDevitt examines The Chief Constable of Greater Manchester Police V Aston & Others UKEAT/0304/19/RN, in which we are reminded of the approach to be applied in cases where there are multiple protected disclosures spanning a significant period and allegations of multiple detriments involving multiple perpetrators and multiple victims.
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