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Related briefings

Successful appeals cancels dismissal

By Russell Bailey In Patel v Folkestone Nursing Home Ltd [2018] EWCA Civ 1689 the Court of Appeal gave clarification on the correct approach to a “fudged” appeal against a dismissal. Was there a dismissal or not?

The Supreme Court ruling on ending life

By Rt Hon Mike O’Brien QC After the Anthony Bland case in 1993, it became the practice to get the courts to decide whether a patient in a persistent vegetative state could be allowed to die. Following a Supreme Court decision on 30 July 2018 in a landmark case called NHS Trust v Y [2018] […]

An introduction to cardiotocography in relation to birth injury cases

By Mamta Gupta Cardiotocography traces form a central piece of documentary evidence in litigation related to adverse perinatal outcomes, which are alleged to have arisen due to events that took place during the labour and/or delivery of the baby. Cardiotocography is, therefore, an important element to get to grips with for any practitioner when working on […]

Latest Briefings

Practical insight into Land Registration Act 2002 proposed amendments

By Erin Keating In April 2016, Walker Morris considered the Law Commission’s Consultation Paper which detailed proposed amendments to the Land Registration Act 2002 (the Act). Following an extensive review with industry professionals, a draft bill seeking to implement a wide range of amendments has now been placed before Parliament. Walker Morris’ Louise Power and Erin Keating […]

Jersey employers – brace yourself for extended maternity leave reforms

By Helen Ruelle, Laura Shirreffs Extended maternity and paternity leave provision comes into force from the start of next month and employers need to have updated handbooks, policies and contracts in time for the change. The new rights offer 26 weeks of leave to parents with no qualifying period, with six weeks paid at the employee’s usual full rate […]

New streamlined procedure for pre-application planning advice in Guernsey

By Claire Smith, Martyn Baudains Guernsey’s Development Control team has launched a new, more streamlined procedure for providing pre-application planning advice. The pre-application service, which is free of charge, provides advice and guidance prior to the submission of a planning application on all types of development such as exemptions queries, larger scale projects such as replacement dwellings and works to […]

Pension schemes – staying on the right side of new GDPR rules

By Ellie Taylor New data protection laws mean that employers and pension scheme Trustees need to have a formal agreement in place to swap personal data. The legal landscape for data protection laws in Europe changed significantly on 25 May 2018, when the General Data Protection Regulation (GDPR) came into force.  The running of pension schemes […]

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Employees’ personal data — is their consent sufficient for processing?

Rodoljub Šabić, the commissioner for information of public importance and personal data protection in the Republic of Serbia, said on 17 September 2013 that a large number of employees’ personal data is being processed on the basis of their ‘consent’, which may not be considered a valid legal basis taking into account the completely unequal […]

Test

Ashurst and Blake Dawson: countdown to merger

Ashurst and Ashurst Australia partners this morning (26 September) voted “overwhelmingly” in favour of the firm’s full financial tie-up. It is a monumental move that has been two years in the making. Here’s how they did it. 24 June 2011 After assessing its options in Australia, the news emerged that Ashurst had held exploratory discussions […]

Employment contracts — termination or mutual separation?

By Louise Corfield Louise Corfield looks at what happens when decisions to terminate an employee overlap with a mutual separation. It is well known that an employment contract can be brought to an end in a number of ways: by dismissal by the employer; notice given by the employee or an employee’s acceptance of a […]

TUPE — government response to consultation

In early September, the government issued its response to consultation on TUPE. The once-threatened ‘service provision change’ rule has been given a reprieve and will not be abolished. This is welcome news as it avoids a return to the pre-2006 legal uncertainty as to whether or not a service provision change fell within TUPE. The TUPE regulations […]

Eversheds succeeds in dispute over PTK Centertel fine

Lawyers from Eversheds’ electronic communications team and its privacy, information and communication technologies team have successfully represented PTK Centertel in a case involving a fine imposed by the Polish telecoms regulator for the company’s Zetafon offer. In 2011, the president of the Office of Electronic Communications imposed a fine on PTK Centertel of PLN2.5m (£494,000) for failing […]

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