Blog

Covid 19 & Health & Safety Dismissals – June 2022

A downloadable PDF of this article is available by clicking this link There have been a number of first instance decisions which have looked at health and safety dismissals relating to Covid 19. The central issue in these claims is a reasonable belief as to the serious & imminent danger. Looking through the lens of repeated […]

Wrongful Dismissal – November 2021

A downloadable PDF of this article is available by clicking this link Wrongful Dismissal When defending a claim for unfair dismissal there are usually three key witnesses: investigator; decisionmaker; appeal decisionmaker. However when an employer has summarily dismissed an employee there is invariably a claim for wrongful dismissal. None of the above witnesses are likely to […]

Protected Disclosures – October 2021

Every so often you come across ‘useful cases’. The case is not making any ground-breaking new statements on the law so-called ‘landmark’ cases. What they have in common is that within the case there is either a clear restatement of the law or the bringing together of principles found in more than one case. Ayodele […]

List of Issues – September 2021

A downloadable PDF of this article is available by clicking this link. LIST OF ISSUES In Parekh v London Borough of Brent [2012] EWCA Civ 1630 Mummery LJ had the following to say about lists of issues at paragraph 31 (my underlining). “A list of issues is a useful case management tool developed by the […]

Tags: Employment, General Civil

ASSERTING A STATUTORY RIGHT – September 2021

A downloadable PDF of this article is available by clicking this link. ASSERTING A STATUTORY RIGHT Under S 104 Employment Rights 1996 (ERA) an employee is protected from being dismissed for asserting a statutory right. S104 of the ERA provides as follows (my underlining): S 104 Assertion of statutory right.  (1) An employee who is […]

Tags: Commercial, Employment, General Civil

20th July 2021 – Court of Appeal  rejects objections based upon public nuisance

20th July 2021 GARLAND  & SALAMAN v SECRETARY OF STATE FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS & SURREY COUNTY COUNCIL:  [2021] EWCA Civ 1098 – Court of Appeal  rejects objections based upon public nuisance and  confirms DMO upgrading a footpath to a bridleway was correctly made. The judgment can be found here: https://www.bailii.org/ew/cases/EWCA/Civ/2021/1098.pdf   Article […]

Tags: General Civil, Property and Planning, Town and Village Greens

JULY 2021 – CIL PAYMENT EXEMPTION IS NOT AVAILABLE FOR SELF -BUILD HOUSES GRANTED RETROSPECTIVE PLANNING PERMISSION

Article by Trevor Ward click here for a downloadable PDF version   6th July 2021 HIGH COURT DECIDES THAT CIL PAYMENT EXEMPTION IS NOT AVAILABLE FOR SELF -BUILD HOUSES GRANTED RETROSPECTIVE PLANNING PERMISSION UNDER SECTION 73A OF THE TOWN & COUNTRY PLANNING ACT 1990 – Gardiner v Hertsemere Borough Council [2021] EWHC 1875 (Admin), 6th […]

Tags: General Civil, Property and Planning

Inconsistencies between contractual terms – June 2021

Inconsistencies Between Terms: Septo Trading Inc. v Tintrade Limited [2021] EWCA Civ 718 Background ‘… [T]his appeal raises once again the court’s approach to the incorporation into a contract of general terms which are alleged to conflict or to be inconsistent with a term expressly agreed between the parties in a “main terms” document…’ (Septo […]