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Related briefings

Disability related error of judgment amounts to discrimination arising from disability

By Irvine Maccabe Following a line of decisions in the Employment Appeal Tribunal, the Court of Appeal in City of York v P J Grosset [2018] EWCA Civ 1105 so held. Stating it very briefly, Mr Grosset was a teacher disabled by reason of cystic fibrosis, a life threating and life-shortening condition. The school knew he […]

Valued landscapes: A legal perspective

By Peter Goatley “Valued landscapes” have become a frequent and significant feature in planning decision making since the advent of the National Planning Policy Framework (the “NPPF”). Previous Policy…

Planning permission quashed due to failure to apply public sector equality duty

By Peter Goatley In R (o.a.o Peter Buckley (on behalf of Foxhill Residents’ Association)) v Bath & North East Somerset Council & Curo Places Ltd [2018] EWHC 1551 (Admin) Lewis J quashed the decision by BANES to grant outline planning permission to demolish and redevelop part of a residential estate because due regard had not been […]

‘Bolam is dead, long live Bolam’

By Dr Simon Fox QC As a doctor transferring from medicine to law 25 years ago, I was struck by the illogicality of the Bolam test, in that it seemed to me that it couldn’t logically be applied to many circumstances of medical negligence…

Stopping employees stealing confidential data – new regulations

On 9 June 2018, the Trade Secrets (Enforcement, etc) Regulations 2018 came into force. Any employee wanting to steal Mr Willy Wonka’s secret candy recipes had better watch out as it applies to anyone who is an “infringer” of “trade secrets”…

Latest Briefings

Parliamentary group proposes a Financial Services Tribunal

Kevin Hollinrake MP (Co-Chair of the APPG on Fair Business Banking) has published his report titled “Fair Business Banking for All: How to improve access to justice for businesses in financial services disputes” (the Report). Following the APPG’s responses to the FCA’s consultation on expanding the FOS’s jurisdiction (CP18/3), the Report sets out various recommendations […]

Draft legislative proposal introduces a minimum price for CO2

The Dutch government has published a draft legislative proposal for consultation that introduces a minimum price for CO2. The minimum price is introduced by way of a tax levied on electricity producers. The tax is levied per ton of CO2 emission. In the proposal, the tax rate per ton CO2 is calculated each year as […]

Adoption of unregistered land as highway

By Paul Weeks Unregistered land in unknown ownership can cause a headache on development and the extent of the issue will often depend upon what the land is needed for…

Recommended

Supreme Court rules on alternative service on foreign defendants

In overturning an earlier Court of Appeal decision (reported in the March 2012 Litigation Review), in Albert John Martin Abela & ors v Ahmad Baadarani & anr, the Supreme Court has confirmed a more pragmatic, modern and claimant-friendly approach to the circumstances in which the courts will grant an order for alternative service. The decision […]

Election time for Ashurst

Ashurst partners will go back to the polling booths this week, asked to decide whether there should be a full financial integration with its Australian offices. Insiders suggest that the vote is just a matter of formality, with candidates for the top managerial role already being circulated amongst partners. The chairmanship vote is likely to […]

Bliesener

Banks meet the new boss

The ECB will soon be regulating all big eurozone banks, but many questions of accountability remain On 12 September the European Parliament approved a regulation on the single supervisory mechanism (SSM) conferring bank prudential supervision tasks on the European Central Bank (ECB). It is expected that in the second half of 2014 the ECB will […]

Continuance in Bermuda

This memorandum outlines the steps necessary under the Companies Act 1981 of Bermuda for a company incorporated outside of Bermuda to continue into Bermuda as a Bermuda-exempted company. Under Bermuda law, one or more Bermuda-exempted companies may merge or amalgamate with one or more bodies incorporated outside Bermuda, and the surviving or amalgamating entity may […]

Cautionary note for employers — victimisation

By Helen Barney Helen Barney looks at the recent case of Woodhouse v West North West Homes Ltd 2013 UKEAT 0007_12_0506. The recent unreported decision of the Employment Appeal Tribunal (EAT) in Woodhouse v West North West Homes Ltd 2013 UKEAT 0007_12_0506 is likely to limit the extent to which employers can draw a parallel […]

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