Notable Cases



Below are a selection of recent cases for which reports are available. It is also possible to click on the links to the left-hand side of the screen under the heading "Areas of Practice" for more details of cases that I have undertaken in the various areas listed there.

 

Watkins v Crouch t/a Temple Bird Solicitors [2010] All ER (D) 87 (Sep) [2010] UKEAT/0145/10/ZT (successful appeal from Tribunal decision on ground that the Tribunal failed properly or at all to consider the position advanced on behalf of the Claimant. Case remitted to a different tribunal)

Thind v Salvesen Logistics Ltd [2010] All ER (D) 05 (Sep)  [2010] UKEAT/0487/09/DA (successful appeal following refusal to hold a review hearing following automatic strike-out; appeal allowed and strike-out revoked; general discussion on the approach to such applications following Neary.)

Brodie v Nicola Ward (t/a First Steps Nursery) [2008] All ER (D) 115 (Feb) UKEAT/0526/07/LA (whether a "without prejudice" offer to settle proceedings can itself be disclosed in subsequent proceedings which allege that the contents of that letter was the last straw, thus allowing the employee to resign and claim constructive dismissal)

Shrewsbury & Telford Hospital NHS Trust v Dr SKS Lairikyengbam [2010] ICR 66, [2009] UKEAT 0499/02/2108 (whether a locum consultant cardiologist employed in breach of the Regulations for the appointment of consultants was ultra vires or whether he was an employee in any event; entitlement to a redundancy payment; perversity)

Horsham Properties Group Ltd v Clark  and another (Secretary of State for Justice intervening) [2008] EWHC 2327 (Ch);[2008] WLR (D) 307(At advice stage) The exercise of a statutory power of sale under s 101 of the Law of Property Act 1925 after a relevant default by the mortgagor was not a deprivation of possessions within the meaning of art 1of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. Therefore the power of a mortgagor to sell a property following arrears without first obtaining a possession order is not incompatible with the ECHR and remains a viable power.