Pump Court Chambers


Blog 12th September 2018

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 […]

Blog 15th August 2018

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 […]

Blog 8th August 2018

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 […]

Blog 26th July 2018

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 […]

Blog 5th July 2018

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 […]

Blog 10th May 2018

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 […]

Blog 16th March 2018

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 […]

Blog 12th February 2018

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 […]

Blog 29th January 2018

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 […]

Blog 3rd January 2018

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 […]

Blog 12th December 2017

Whistleblowing and unfair dismissal – whose state of mind is relevant?

When considering whether a dismissal is an automatically unfair “whistleblowing” dismissal, is it permissible to consider the mental processes of anyone other than the decision-taker? In particular, what if the decision-taker was “manipulated” by another of the Respondent’s employees? “No (in the circumstances)”, said the Court of Appeal in Royal Mail Ltd v Jhuti [2017] […]

Blog 4th December 2017

Various Claimants v Wm Morrisons Supermarket Plc

When is an employer liable for the criminal actions of a rogue employee in disclosing personal information of co-employees on the web? That was the question raised in Various Claimants v Wm Morrisons Supermarket Plc [2017] EWHC 3133 (QB) (click here for the judgment). Facts In early 2014 a rogue employee had posted a file […]

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