Pump Court Chambers


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
Ezra MacDonald

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 […]

Blog 1st December 2017

Religious discrimination in the work place

The issue of religious discrimination in the work place is a sensitive one which employers need to consider carefully. As set out in the Equality Act 2010 it is unlawful to discriminate against individuals because of their religion or belief, or lack of religion or belief either directly or indirectly. Given the diversity of religions […]

Blog 30th November 2017

Holiday Pay claims: how far back can you go? The impact of King v Sash Windows C-214/16 CJEU

The decision of the CJEU in King v Sash Windows C-214/16 CJEU has been widely reported and discussed. Mr King had worked for a considerable period of time- years, rather than months – without taking holiday. He had worked for a 13-year period but had been afforded the facility for exercise of the right to […]

Blog 1st November 2017

“Fundamental Dishonesty” in the Court of Appeal

Paul Mertens reviews the recent decision of Howlett v Davies [2017] EWCA Civ 1696, the first case in which the Court of Appeal has considered the approach to “fundamental dishonesty” as an exception to Qualified One-Way Costs Shifting (QOCS) under CPR 44.16(1). Background Howlett v Davies was a fairly commonplace PI claim arising from a […]

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