Sunyana Shama examines the case of Raied Haris v GMC [2021] EWCA Civ 763 in which a doctor is found to have undertaken nonclinical intimate examinations on patients without their informed consent.
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Sunyana Shama looks at the case of Zuber Bux v. General Medical Council [2021] EWHC 762 (Admin) in which the opportunity is given to revisit the key duties and obligations inherent in good expert witnesses.
View ArticleMichael George provides a briefing note on G v T [2020] EWHC 1613 in which he explores the topic of business valuations and provides an up-to-date approach to run off.
View ArticleLuke Nelson provides an overview of the procedural elements of starting a standalone TOLATA claim together with some useful practical advice for this stage.
View ArticleFamily law specialist Jennifer Kotilaine considers the recent case of Re M [2021] (Special Guardianship Order: Leave to apply to discharge) EWCA Civ 442, in which she is acting, and the clarification it brings to the test for permission to apply to discharge SGOs.
View ArticleKatherine Anderson examines Farnham-Oliver v RM Educational Resources Ltd [2021] EWHC 2418 (QB), the latest in a line of claims where an employee whose claim is compromised in the ET, finds it is then struck out in civil proceedings for abuse of the court’s process.
View ArticleSarah Clarke reviews Aleem v E-Act Academy Trust Ltd UKEAT/0100/20/RN, a case which reminds us that the purpose of the duty to make reasonable adjustments is to assist an employee remaining in employment or returning to work after a period of absence. If an employer does decide to maintain a salary whilst investigating the way forward, it is imperative that it is made clear to the individual that this is only a temporary measure.
View ArticleKatherine Anderson analyses the Court of Session's decision in L v K [2021] CSIH 35, a case involving a scenario which practitioners may have encountered before among employers concerned with the safeguarding of children.
View ArticleGrace Nicholls reviews the decision of the EAT in Seecombe v Reed In Partnership UKEAT/0213/20/OO, which restates many of the key principles and authorities to consider when seeking to establish or challenge disability status. The case also demonstrates that disputes about disability status are very difficult to overturn, given the fact sensitive nature of decisions.
View ArticleKatherine Anderson considers Mrs A Martin v City and County of Swansea: EA-2020-000460-AT (Previously UKEAT/0253/20/AT), a case which confirms the importance of properly identifying PCPs in reasonable adjustments claims, whilst deterring respondents’ lawyers from taking overly technical points on pleading.
View Article3PB’s specialist commercial and construction barrister Seb Oram has analysed the Supreme Court case Triple Point Technology Inc v PTT Public Co Ltd [2021] UKSC 29.
This case is significant for those who draft commercial contracts (particularly construction and technology contracts) in which parties include provisions to quantify damages in advance, or to cap their liabilities. It is also significant for commercial litigators, since it explains when and how such clauses will be enforceable in the event of termination.
This analysis was first published by LexisPSL® on 22 July 2021.
View ArticleColin McDevitt analyses Kong v Gulf International Bank (UK) Limited EA-2020-000357-JOJ, a case which emphasises the rare nature of the Jhuti exception when considering an invented reason for an automatically unfair dismissal following the making of a protected disclosure.
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