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The Court of Appeal (CA) has decided that protocol for Pre-action discovery is covered under the fixed cost regime. Costs will therefore normally be limited to the fixed rates – Sharp v Leeds CC [2017] EWCA Civ 33
This case involved Miss Sharp , the Claimant (C) who tripped on a footpath and injured her wrist. She brought a claim against Leeds City Council ,the Defendant’s (D) through the Portal under the Employer’s Liability / Public Liability Protocol.
In the case of Achbita v G4S [2017] (CJEU, C-157/15), the ECJ has given guidance on the extent to which dress codes (whether formal or informal) can be imposed on those who want to wear religious or political signs. The guidance is that it will be potentially indirect discrimination unless the employer can objectively justify the dress code. … Read more
In Shakil-Ur-Raman v ARY [2016] EWHC 3110(QB) damages for defamation were only recoverable on the basis of TV broadcasts in the UK. Before the Defamation Act 2013 it was possible for a foreign claimant to claim damages for a single ‘publication’ in the UK and then recover damages based on the worldwide defamation. In this … Read more
Gross misconduct justifies summary dismissal and this will normally cover acts of intentional misconduct but can also include acts or omissions of gross negligence. That is, when misconduct is unintentional.
In the case of Adesokan v Sainsbury’s [2017] EWCA Civ 22, A senior
In Kunicki v Hayward [2016] EWHC 3199 (Ch) the High Court rejected a claim of fraudulent calumny in a probate claim. The deceased had capacity when he signed his will. He both knew and approved it’s contents. The court so held in this case where it was alleged that there was a contract to share the deceased’s estate.
