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 […]
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Covid 19 & Health & Safety Dismissals – June 2022
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
30th July 2021 – High Court Quashes Approval for A303 Stonehenge Tunnel Scheme
A downloadable PDF of this article is available by clicking this link. 30th July 2021 – High Court Quashes Approval for A303 Stonehenge Tunnel Scheme R (on the application of Save Stonehenge World Heritage Site Limited v S of S for Transport & Highways England and Historic England [2021] EWHC 2161 (Admin) Holgate J has […]
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 Employment Blog – SOME OTHER SUBSTANTIAL REASON FOR DISMISSAL
A downloadable PDF version of this article is available by clicking this link. SOME OTHER SUBSTANTIAL REASON It is necessary for an employer when fairly dismissing an employee to identify the reason for dismissal. S 98(1)(b) Employment Rights Act 1996 identifies one potentially fair reason as some other substantial reason (SOSR). In […]
Tags: Commercial, Employment, General Civil
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 […]
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 […]