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.