Blog
A short delay and the ‘just and equitable’ test
The Court of Appeal has provided important guidance in Adedeji on the exercise of the tribunal’s discretion to extend the period in which a claim for discrimination can be presented under s.123(1)(b) ERA. It also warned against treating the factors in s.33 Limitation Act as a checklist or rigid framework to reach a decision. A […]
Anti-discrimination and harassment training
The Employment Appeal Tribunal has recently prescribed annual booster / refresher training for employers on Equality and Diversity in order to ensure that it is effective in eliminating harassment in the workplace. The EAT drew an analogy with the Covid-19 vaccination programme – ‘we are interested not only in whether the vaccine will be effective […]
Long overdue and a welcome addition: The Sentencing Act 2020
The first day of the month in which we traditionally offer gifts to one another saw a gift being made to criminal lawyers in England and Wales: the entry into force of the Sentencing Code. The Code is the product of the Law Commission’s 12th programme of law reform, a project which began in […]
Muslim women’s rights are being abused by Sharia Councils upon divorce
Pressure is being placed on the UK government to make it a legal requirement for Muslim couples to register their marriages civilly before or at the same time as their religious ceremony. This will ensure women’s fundamental rights are preserved upon divorce and Sharia councils operate within the law writes Hilary Lennox, Barrister from Pump […]
Re E [2021] EWCOP 7 – the Covid-19 Vaccine & Capacity
It was just over a month between the first Covid-19 vaccination being administered and the first reported COP decision relating to it. As ever, this decision is fact specific, but there are some important points to take away. Mrs E was an 80-year old woman, who had been living in a care home since […]
Claimant awarded £45,000 in constructive unfair dismissal claim
Heather Platt has won £45,000 compensation for a direct access client who resigned from his job at HMRC after being accused of money laundering and benefit fraud. Heather represented the Claimant, Mr Hussain, in an unusual case of constructive unfair dismissal. Mr Hussain placed £10,000 in cash in the basement of HMRC building where he […]
N v N (Afghanistan: Validity of an overseas marriage: Procedure)[2020] EWFC B55
An important Judgment on the validity of an overseas marriage, and compliance with the significant procedural rules which apply if one wishes to defend divorce petitions, has recently been handed down in the case of N v N (Afghanistan: Validity of an overseas marriage: Procedure) [2020]. Jennifer Lee of Pump Court Chambers acted for the successful […]
Fit your own mask first: living life at the criminal Bar
We defend fearlessly our clients’ best interests and fight for the underdog every day in court, but neglect to apply that same attitude to ourselves. What is needed to improve the lives of those who seek to stand up for justice and assure the future of the profession? Siân Beaven’s article ‘Fit your own mask: […]
Anaghara v Anaghara & Ors [2020] EWHC 3091
Proprietary Estoppel and the Matrimonial Home on the Death of a Spouse – Anaghara v Anaghara & Ors [2020] EWHC 3091 It is rare that a spouse needs to pursue a claim in proprietary estoppel to secure occupation of a matrimonial home owned by the other spouse on the latter’s death: the Inheritance (Provision for […]
Haley v Haley [2020] EWCA Civ 1369
Case Summary Haley v Haley [2020] EWCA Civ 1369 Facts W made an application for financial relief through the normal court process, with an unsuccessful FDR. The parties were unable to settle and the matter was set down for a final hearing. A week before the date of the final hearing, the parties were told there […]
Why was Ceon Broughton’s conviction quashed?
Introduction The quashing of Ceon Broughton’s conviction was met with indignation. The well-publicised tragedy of Louella Fletcher-Michie’s death, and Ceon Broughton’s subsequent trial, has cemented a number of conclusions in the court of public opinion. This article will set out why the Court of Appeal decided to overturn Mr Broughton’s conviction for manslaughter. […]
R v AD [2020] EWCA Crim 849
In R v AD [2020] EWCA Crim 849 the Court of Appeal quashed Mr D’s convictions for sexual assault and assault by penetration after hearing fresh evidence which undermined the medical evidence which had led to the prosecution. The case joins a long list of seemingly water-tight convictions subsequently quashed on appeal after the expert […]