R -v- Luckhurst (2022) UKSC 23
202209.15
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R -v- Luckhurst (2022) UKSC 23

♦ Proceeds of Crime Act 2002♦ Variation ♦ Restraint Order Justices Lord Hodge (Deputy President), Lord Kitchin, Lord Hamblen, Lord Burrows, Lord Stephens Facts This case concerns whether the Proceeds of Crime Act 2002 (POCA) permits a variation to a restraint order to cover reasonable legal expenses in respect of civil proceedings founded on the…

R -v- Andrewes (2022) UKSC 24
202209.15
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R -v- Andrewes (2022) UKSC 24

♦ Proceeds of Crime Act 2002 ♦ Confiscation ♦ Recoverable amount ♦ Proportionality Justices Lord Hodge (Deputy President), Lord Kitchin, Lord Hamblen, Lord Burrows, Lord Stephens Fact This appeal concerns an important issue on the confiscation regime under the Proceeds of Crime Act 2002 (“POCA”) in the context of a case of CV (curriculum vitae)…

Hope v British Medical Association EA-2021-000187-JOJ
202201.06
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Hope v British Medical Association EA-2021-000187-JOJ

• Unfair Dismissal • Gross Misconduct • Breach of Contract Background to Appeal The claimant brought numerous grievances against senior managers. These were concerned with, amongst other matters, the failure of senior managers to include him in meetings which he thought he should be attending. Management considered that decisions as to who should attend were…

Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40
202109.22
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Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40

Justices Lord Reed (President), Lord Hodge (Deputy President), Lord Lloyd-Jones, Lord Kitchin, Lord Burrows Recession  Economic duress Background to the Appeal The issue in this appeal is whether, and if so in what circumstances, a party can set aside a contract on the ground that it was entered into as a result of the other…

L Kong v Gulf International Bank (UK) Ltd EA-2020-000357-JOJ
202109.15
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L Kong v Gulf International Bank (UK) Ltd EA-2020-000357-JOJ

Protected Disclosure Automatic Unfair Dismissal An employee claiming automatic dismissal on the grounds of making a protected disclosure under section 103A of the Employment Rights Act must show that the dismissal was caused by the protected disclosure. There must be a causal link between the detriment and the protected disclosure. This was the issue before…

Dobson v North Cumbria Integrated Care NHS Foundation Trust UKEAT/0220/19/LA
202106.24
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Dobson v North Cumbria Integrated Care NHS Foundation Trust UKEAT/0220/19/LA

An employment tribunal must take judicial notice of the fact that women are less likely than men to be able to accommodate flexible working patterns because of childcare responsibilities. The fact that women bear the greater burden of childcare than men and that this can limit their ability to work certain hours. Background to Appeal D…

Steer v Stormsure Ltd
202106.15
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Steer v Stormsure Ltd

The Court of Appeal has rejected the claim for interim relief in claims of sex discrimination after concluding that such any award would completely change how employment tribunals are handled. Lord Justice Bean, sitting in Steer v Stormsure Ltd, rejected the contention of claimant Sabrina Steer that she should have a right to seek interim relief….

Landlords breathe a sigh of relief as tenant support is wound down, but section 21 to bite the dust.
202106.09
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Landlords breathe a sigh of relief as tenant support is wound down, but section 21 to bite the dust.

The government a served a bittersweet dish for landlord with its plans for the housing sector, as it promised to begin to wind down emergency measures to support renters during the pandemic as its long-term plans to improve tenants’ rights received a cool response from the industry. The Ministry of Housing, Communities and Local Government…