Knowledge, approval and rectification: Martin Strutt provides an analysis of contentious probate cases.
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Susan Jones analyses the High Court case of King v Royal United Hospital Bath NHS Foundation Trust [2021] EWHC 1576 in which practitioners are reminded that the threshold for a shocking event is strictly objective in secondary victim claims. The judgment also provides a helpful insight into how damages would have been assessed for an actor who it was claimed was on the verge of a “big break".
View ArticleDr Tagbo Ilozue summarises Sparkes v London Pension Funds Authority and Leigh Academies Trust [2021] EWHC 1265 (QB), in which Murray J set aside a Master’s Order dismissing an application for non-party disclosure in a fatal mesothelioma claim. The Court saw fit to interfere with the Master’s broad case management discretion because he was wrong in his application of the test to the relevant facts, took into account irrelevant factors, gave insufficient weight to relevant factors, and failed to balance the relevant factors fairly in the scale.
View ArticleDavid Kemeny reviews the regulatory regime concerning the use of electric scooters, in light of their growing popularity and the increasing number of trials taking place in the UK, from Truro to Teeside and Copeland to Canterbury.
View ArticleAimee Fox on 'Covert recordings in family proceedings’.
View ArticleCraig Ludlow analyses Mercer v (1) Alternative Future Group Ltd (2) Pritchard (UKEAT/0196/20/JOJ), a judgment which constitutes, without doubt, a significant development in the field of trade union / industrial relations and a resounding victory for the claimant and trade unions generally.
View ArticleNaomi Webber reviews Steer v Stormsure Ltd [2021] EWCA Civ 887, a case which examines whether the lack of provision for interim relief in discrimination and victimisation claims under the Equality Act does not breach ECHR rules.
View ArticleDaniel Brown analyses the landmark case of Forstater v CGD Europe & Others UKEAT/0105/20/JOJ, in which the London EAT found Maya Forstater's view of transgender people to be protected as a “philosophical belief” under the Equality Act.
View ArticleKatherine Anderson analyses Robinson v His Highness Sheikh Khalid Bin Saqr Al-Qasimi [2021] EWCA Civ 862, a case which highlights the key principles to be applied where an employer raises a defence of illegality, a potential defence which is often considered by employers in disputes over employee status where tax and national insurance have not been paid on the basis that the claimant was an employee.
View ArticleGrace Nicholls reviews the case of A v B UKEATS/0042/19/SS(V) in which practitioners are reminded that while every strike out application is naturally very fact sensitive, when such applications are made, the basis for seeking them under rule 37 needs to be made clearly, with, as far as possible, a chronology of events set out in the clearest possible terms.
View Article3PB legal assessors David Swinstead, Peter Jennings and Lachlan Wilson provide their top 10 tips on case preparation and advocacy, focusing this time on 'minding your language'.
View ArticleJennifer Agyekum reviews the case of registered nurse Kay Allison Shemirani before the NMC's Fitness to Practice Committee, a case concerned with fitness to practise in the context of the spread of misinformation about the Covid-19 pandemic and vaccines.
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