Blog
No fault divorce: A step in the right direction or a step too far?
The Government has announced that it intends to reconsider how married couples can seek to divorce. The current law in relation to divorce is set out in the Matrimonial Causes Act 1973. At present, those wishing to divorce may only do so if the marriage has ‘irretrievably broken down’. To apply for a divorce a […]
How to avoid problems of enforcement: Sale of FMH
It is always sensible to draft final orders with one eye on enforcement. An order for sale of the former matrimonial home (‘FMH’) can be a particularly emotive order, often fiercely resisted by one of the parties. This post is a summary of practical suggestions to ensure a sale goes smoothly when anticipating – and […]
Can attitudes change now that India has decriminalised homosexuality?
6th September 2018 will forever be a momentous day in Indian history. This is the day that the Indian Supreme Court decriminalised homosexuality. The end of this 24-year legal battle is not just a break from an “irrational, indefensible and manifestly arbitrary” law, but also a break from yet another colonial tie. Section 377 of […]
Can the Employment Tribunal limit the number of discrimination claims at one hearing
“Only with great caution”, said the Employment Appeal Tribunal in Tarn v Hughes (& Ors) UKEAT/0064/18/DM – and the EAT then went on to give some helpful guidance on case management of discrimination claims. In Tarn , the claimant GP had brought a large number of complaints of discrimination against her (former) partner GPs. At […]
What’s new with Trade Secrets?
With the tennis, the world cup, President Trump’s visit, the heatwave and the endless Brexit drama, it may have escaped you that on 9 June 2018 the Trade Secrets (Enforcement, etc) Regulations 2018 came into force. Here’s a quick summary of what you need to know when dealing with the errant employee who has run […]
The implications of Owens v Owens [2018] UKSC 41 for Family Practitioners
The background to this case will be well-known to many practitioners so this post will not repeat it. Instead, it focuses on two criticisms made by the Supreme Court about the way in which Mrs Owens’ petition was case managed which, it is suggested, will have unfortunate consequences for those of us working in this […]
Drury v Rafique [2018] EWHC 1527 (Ch)
In dismissing A’s appeal, the court illustrated the need to carefully cross-examine a witness and make detailed submissions, as opposed to raising issues on appeal. It also demonstrates the need to invite the trial judge to clarify/amplify his reasons. Background A sought an injunction to prevent his neighbours building an extension, alleging the works would […]
Man jailed after blaming speeding ticket on fictional Frenchman
On 9 May 2018 at Winchester Crown Court, the defendant was sentenced to three counts of doing acts tending to and intended to pervert the course of public justice. He had been convicted after a trial and received three consecutive sentences. In short, he had pretended that a vehicle that could be linked to him […]
Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16
The case of Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16 is – understandably – drawing a large amount of commentary, primarily because of the treatment of the familiar test in British Home Stores Ltd v Burchell [1980 ICR 303. This blogpost will focus on the Burchell issue. Reilly v Sandwell The Appellant, Ms […]
Wilsons Solicitors LLP & Ors v Roberts [2018] EWCA Civ 52
Did the EAT err in law in finding that a member of an LLP who acts “reasonably” in withdrawing his labour will not, as a matter of law, act wrongfully or in repudiatory breach of the LLP members’ agreement, and accordingly may be awarded losses flowing from a subsequent expulsion pursuant to the terms of […]
Illegality as a defence in the Employment Tribunals: The case of Okedina v Chikale
In the recent decision in Okedina v Chikale UKEAT/0152/17/RN the EAT (HHJ Eady QC) considered the question of when a Claimant’s contract of employment would be said to be illegal by virtue of the operation of immigration law. The case contains a useful rehearsal of the relevant legal principles (para 35 – 41 of the […]
TUPE Review 2017
Introduction This is a brief round-up of reported TUPE cases from 2017 – perhaps not the most exciting year for TUPE enthusiasts. From my point of view, the most interesting cases are Born London Ltd v Spire (from March, dealing with provision of information); Tees Esk and Wear Valleys NHS Foundation Trust (also March, dealing […]
