In a case which has hit the headlines, the ET considered a number of claims against the OU (including discrimination and harassment) from a professor who stated her gender critical beliefs. This is a controversial topic and one which all employers should consider carefully. The press summary is as follows: ‘1. The Claimant was employed …
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The EAT has heard a case involving an appeal against a finding of redundancy. The claimant scored the lowest result in comparison to colleagues and was made redundant. The claimant appealed his dismissal, asserting that the score was too low as the criteria used were completely subjective which rendered the dismissal procedurally unfair. The EAT …
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The EAT has heard an interesting case in which it allowed an appeal against a decision that the ET had jurisdiction to hear the claimant’s claim despite the respondent claiming state immunity. The case summary is as follows: ‘Jurisdictional points – state immunity Having (through its then solicitors) accepted the jurisdiction of the Employment Tribunal …
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Firms instructing counsel should take heed from a recent HC case involving an appeal against a costs judge to disallow leading counsel’s fees when determining the appellant’s recoverable costs on detailed assessment. The underlying claim arose out of the appellant’s mother’s death from mesothelioma. Her late husband, the appellant’s father, predeceased her. He also died …
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The court expects those involved in family proceedings, whether the case concerns money or children, to make a ‘serious effort’ to resolve their differences before proceedings are issued. In a case involving assets valued at up to £29m, Knowles J also made clear in her ruling that this expectation continues ‘at any stage of the …
Continue reading “Mediation – costs; court expectations”
The judge made a care order – an order which was not open to her in law. It had been made applying the wrong statutory principles and without carrying out the proportionality assessment stipulated by case law. M had five children and appealed the care order in respect of her baby (J). This is a …
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The procedure for requests for clarification following a ruling is being misused – it is intended only to avoid unnecessary appeals being launched on grounds of absence of reasons. In this case, the LA appealed findings made in care proceedings. The LA had raised several requests for clarification, the scale of which the CA described …
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F appealed an order allowing M to withhold relevant evidence from him in private law family proceedings. The proceedings involved two children, aged 12 and 8, who had been staying with F for six nights a fortnight and half of the school holidays. He now wanted parity and a shared live-with order. However, M argued …
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The fact that an LA has brought CA 1989 Part IV proceedings does not, by itself, give it or the court licence to intervene in every aspect of a child’s life. In this case, the LA concerned failed in its bid for an order for DNA testing and a declaration of parentage in the course …
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The CA has heard a case regarding the interpretation of the notice requirements regarding the right of first refusal under LTA 1987. Section 5 provides: ‘5. Landlord required to serve offer notice on tenants. (1) Where the landlord proposes to make a relevant disposal affecting premises to which this Part applies, he shall serve a …
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