EMPLOYER’S LIABILITY AND THE PRACTICAL JOKER: THE “LOWEST FORM OF HUMOUR” DOES NOT LEAD TO VICARIOUS LIABILITY
In Chell v Tarmac Cement And Lime Ltd [2020] EWHC 2613 (QB) Mr Justice Martin Spencer upheld a decision that an employer was not vicariously liable for a practical joke in the workplace. “The practical joke must be the lowest…
WHAT THEY DIDN’T TEACH YOU AT LAW SCHOOL: 10 KEY POSTS FOR THOSE JUST STARTING OFF (AND THE REST OF US TO BE HONEST)
The transition from learning to practice is not an easy one. It is even more difficult for litigators starting their careers now – with training contracts and pupillage being delayed because of COVID problems. Even if training has started much…
BROKEN PROMISES: PROPRIETARY ESTOPPEL IN THE MODERN WORLD: ONLINE EVENT 15th OCTOBER 2020
Several of my colleagues are taking place in this online event. Proprietary estoppel has become important in recent years in relation the ownership and transfer of property. There are many recent cases relating to farming families in particular, they give…
THE PERILS OF THE LAWYER SIGNING THE STATEMENT OF TRUTH: A NECESSARY REPEAT
The previous post about the judgment in North of England Coachworks Ltd v Khan [2020] EWHC 2596 (QB) gives me an opportunity to repeat earlier advice pm the blog in relation to the lawyer signing the statement of truth. In the…
“LITIGANTS SHOULD BE TERRIFIED IF THEY LIE TO THE COURT”: THE IMPORTANCE OF THE STATEMENT OF TRUTH
There are many, many cases about committal proceedings in commercial cases. Some judges have observed that they appear to be used tactically. Most are confined to their own facts. However in North of England Coachworks Ltd v Khan [2020] EWHC…
THE BILLABLE HOUR COOKBOOK 2020: A CALL FOR RECIPES: DEADLINE DATE 25th OCTOBER (AN EXTENSION OF 14 DAYS…)
The 2020 edition of the Billable Hour Cookbook is now accepting submissions for publication towards the end of the year. This year, submissions are restricted to people within the legal community (Lawyers, Legal academics, Legal Execs, Paralegals, Judges and Law…
ODE TO A DYING CORPORATION: “THE SMELL OF CORDITE, GUN POWDER AND NAPALM NO LONGER FILLS THE AIR”
The heading of the judgment of Master Sanderson in Bell Group (UK) Holdings Limited (In Liquidation) [2020] WASC 347 includes “Corporations law – Ode to a dying corporation – Turns on own facts”. This led me to want to investigate…
PROPORTIONAL COSTS: THE LITIGATOR’S WATCHWORDS: 12 PRACTICAL STEPS FOR THE PRUDENT LAWYER…
The issue of “proportionality” is central to contemporary litigation. However it is rarely examined in detail and rarely discussed. Attempts to analyse how proportionality can be achieved are even rarer. Here I reprise some points made several years ago about…
GUIDELINE HOURLY RATES CONSIDERED IN COURT OF PROTECTION: INFLATION CAN BE TAKEN INTO ACCOUNT ON ASSESSMENT
In PLK & Ors (Court of Protection : Costs) [2020] EWHC B28 (Costs) Master Whalan considered the appropriate hourly rate for Deputies in Court of Protection matters. (I am grateful to Carter Burnett, Costs Consultants, for bringing my attention to…
THE SEVEN YEAR ITCH: A REVIEW OF THE CASES CONSIDERING SECTION 69 OF THE ENTERPRISE AND REGULATORY REFORM ACT 2013 (INCLUDING SCOTLAND)
It is today seven years since the ERRA ended breach of statutory duty as a distinct cause of action in relation to accidents at work. This is an opportune time to review the cases that have considered this issue. Here…
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