The ECJ gives a preliminary ruling on the issue of worker status in the case of B v Yodel Delivery Network Ltd- case C-692/19
ECJ Referral
The tribunal referred the following questions for a preliminary ruling:
Does Directive [2003/88] [which was transposed into UK national law by the WTR] preclude provisions of national law which require an individual to undertake to do or perform all of the work or services required of him, “personally” in order to fall within the scope of the Directive?
Lydia Pemberton, deputy head of 3PB’s Property and Estate team, and Charles Irvine, a member of 3PB’s Property and Estates team and Commercial team, have reviewed the new changes to the execution of documents brought about shortly before and since the COVID-19 pandemic and lockdown.
New ways of working have meant a rise in technology and electronic communications which brings new formalities when it comes to dealing with the execution of legal documents. In this article, Lydia and Charles assess the current rules on formalities of deeds and documents and give their detailed response to these frequently asked questions from private client and property solicitors:
• What constitutes signature?
• What amounts to attesting?
• What happens if a deed fails to meet the formality requirements?
• What about formalities for notices and section 44 of the Companies Act 2006?
• What is HM Land Registry’s response to the COVID-19 lockdown?
• What are the formalities for wills?
Alice de Coverley and Alex Leonhardt analyse how the tricky, balancing questions around children’s rights, school uniforms and school discipline have been dealt with by the Courts.
This article also appeared in the Education Law Monitor.
View ArticleIn this paper, Philip Bambagiotti discusses two aspects of the privilege question:
Karen Moss reviews Fernandes v Department of Work and Pensions [2023] EAT 114, a case which gives practical guidance on what questions it is relevant for the ET to ask itself to determine when time starts to run in an omissions case.
View ArticleKatherine Anderson examines the cases of Stena Drilling PTE Limited v Smith [2024] EAT 57 and TwistDX Limited and Others v Armes and Others [2024] EAT 45, concerned with international or territorial jurisdiction and considers the need to carefully analyse the facts of the case and raise jurisdiction questions as a preliminary issue in the absence of an 'obvious and plain' answer.
View Article