Blog
Heather Platt successfully defends EAT appeal
Heather Platt successfully defended an appeal in the EAT brought by an autistic teacher against an independent SEN school: Ms K Kaler v Insights ESC Ltd: [2024] EAT 195. The former teacher was dismissed in 2018 for conduct for sending several emails over an issue in relation to her pay that were said to be […]
R v Jones Case Comment: Running diminished responsibility without an expert
Diminished responsibility is one of the partial defences available to those charged with murder. If a defendant is found to have had diminished responsibility during the commission of the offence, they are not acquitted but rather found guilty of voluntary manslaughter by reason of diminished responsibility. It is a highly complex defence that often requires […]
PCPs, indirect discrimination, and reasonable adjustments
The concept of a “provision, criterion or practice” (“PCP”) is one with which employment lawyers will all be familiar. It crops up in the statutory provisions which cover indirect discrimination (s 19 Equality Act 2010) and reasonable adjustments (ss 20 / 21 Equality Act 2010). It is easy to assume that the concept is straightforward: […]
Car v Pedestrians: The unpredictable issue of contributory negligence
On the 29 January 2022 the Highway Code was amended after an extensive consultation to strengthen protection for pedestrians and other vulnerable road users. These amendments enshrined the hierarchy that ‘those in charge of vehicles that can cause the greatest harm in the event of a collision bear the greatest responsibility to take care and […]
The new duty to prevent sexual harassment
Fergus McCombie discusses the reasonable steps which are likely to meet the duty and impress an employment tribunal. My colleague Louisa Simpson posted last week on the much-trailed preventative duty on employers to prevent sexual harassment, coming into force via s.40A of the Equality Act 2010. This follow-up article addresses practical steps towards compliance with […]
Interim Payments in Cases of Alleged Fundamental Dishonesty: Mehmood (by his litigation friend Mrs Islam) -v- Mayor [2024] EWHC 1057 (KB)
People may look back on 2024 as the “year of the elections”, or the year that football almost came home (again), or perhaps even the year of “brat summer” … For personal injury practitioners, however, 2024 may be accurately described as the year of fundamental dishonesty. The ongoing case of Mehmood forms part of the […]
The Young Persons Appointment Pilot
Alvaro Loxton (pupil) recently had the opportunity to observe a Young Persons Appointment (YPA) with his supervisor, Mark Ablett. This gave him an insight into how the courts are attempting to manage the strain on their resources and on CAFCASS. It remains to be seen whether this pilot strikes the right balance between efficiency and […]
“All by myself…” The rules are the same whether you’re represented or not
It is an unfortunate reality that a great number of litigants find themselves, whether by choice or not, before the Family Court without legal representation. The reasons for this are varied and complex, it is usually down to cost but not always. Some choose to represent themselves as a way to further perpetuate abuse, even […]
Sexual harassment at work: the new preventative duty
Are you prepared for the change in law, coming into force tomorrow (Saturday 26 October 2024) in respect of preventing Sexual Harassment at work? Louisa Simpson has broken down the change in the new legislation, identified helpful definitions and discusses the scope of the new duty, as well as identifying the consequences of failing to […]
A Question of Sport: What a professional footballer can teach us about unmarried couples
A discussion of Goodman v Walker [2024] EWFC 212 (B) and orders for financial relief against parents where the Mother and Father are not married. A background Kyle Walker, who plays for Manchester City and the England team, has been the subject of a significant amount of press attention due to an un-anonymised judgment between […]
The Employment Rights Bill
Before the election Labour announced that they were committed to “Securonomics”. The term, which is yet to catch on, was intended to encapsulate giving working people security in their day-to-day lives. Labour promised to set out the ways in which this would be done within the first 100 days of Government. Today, at 11am and […]
Google-spoofing, unenforceability, and third party disclosure orders: Considering the Judgment of Mrs Justice Dias in Parker v (1) Skyfire Insurance Company Limited (2) Spectra Drive Limited [2024] EWHC 1060 (KB)
This is a case in which Skyfire Insurance Company Limited (“Skyfire”) made an application for a third party disclosure order. Mrs Justice Dias addressed the increasingly prevalent “Google-spoofing”, third party disclosure order applications, and the difficulties facing defendants seeking to run an unenforceability defence on the basis of misrepresentation. A background The claim arose following […]
