No.18 Chambers News Page 4

Tribunal Confirms Fair Dismissal for Poor Performance: Similarities and Differences Between Capability and Misconduct Dismissals

Helen Moizer (2018)

Kikwera-Akaka v Salvation Army Trading Company Ltd [2024] EAT 49 The Employment Appeal Tribunal has upheld the fair dismissal of a Claimant employed by the Salvation Army’s trading arm, which operates charity shops staffed by a mix of employees and volunteers. The Claimant, employed since 2016, had faced ongoing criticism for...

Sara Chalk (2018)

Application by Mother to reopen findings in care proceedings that were concluded in 2023, on the grounds that she was unable to attend court, due to the absence of an intermediary This case relates to an application by Mother to reopen findings in care proceedings that ere concluded in 2023, on...

Sarah Barber (2018)

This case concerned an application by a Father for summary return of the child to New Zealand. The application was heard by Peel J and the facts were that the family had decided to emigrate to New Zealand in February 2023 after living in England for 19 years. The Mother and...

Bite-Sized Law by Asher Shane

Asher Shane (2010)

Is it acceptable to use a ‘zonal exclusion’ in a non-molestation order to prohibit a respondent’s access to the family home, instead of making an occupation order? Well… that depends! The court can include an exclusion zone in a non-molestation order, prohibiting a respondent from entering a specific area or property (Re...

Gary Fawcett (1975)

To précis anything is to give the tempting flavour, but deny you the full meal! Flavour: In this case the Court of Appeal, examined the trial judges approach, to applying the ‘pool of perpetrators’ case law, (after a 5 day fact find); the result being that the matter was remitted for...

Helen Moizer (2018)

Major C Milroy v Advocate-General for Scotland: 4103202/2020 Date of judgment: 5 August 2024 A retired major, Charles Milroy, has won a significant case against the Ministry of Defence (MoD), potentially paving the way for thousands of reservists to receive military pensions for the first time. Milroy, who served over 37 years...

Helen Moizer (2018)

Before securing its victory, Labour set out in its manifesto a comprehensive plan to update employment law, with a promise to introduce legislation within 100 days. Labour’s biggest proposals included: Banning exploitative zero-hours contracts Ending ‘fire and rehire’ Day one rights for unfair dismissal (potentially with a probation period), sick pay and parental leave An...

‘Family law should always have been like this’ I am devoting the first part of this View to Private Law children cases. For many years we have tried to work with, adapt or tweak the present litigant-led model of court proceedings in order to deliver a just and timely resolution of...

Helen Moizer (2018)

When lodging a notice of appeal within the time limit, but the documents necessary to institute an appeal are missing, could the appeal be considered in time or out of time? In Ridley v HB Kirtley t/a Queen’s Court Business Centre [2024] EWCA Civ 875, each appellant was told by the...

On Tuesday 6 August 2024, the Equality and Human Rights Commission (EHRC) closes its a consultation on proposed changes to its technical guidance on workplace sexual harassment and harassment. This consultation has taken place as the law on preventing sexual harassment in the workplace is changing. On 26 October 2024 the new...

The claimant, Ms Z Hilton-Webb, who has Apert Syndrome resulting in impaired vision, brought multiple complaints of disability discrimination against her employer, Minis Childcare Ltd. This appeal concerns the one complaint that succeeded. The Employment Tribunal held that printing in small fonts was a provision, criterion or practice pursued by the...

The President of the Family Division’s Transparency Implementation Group Reporting Pilot (TIG) has today been extended to include private law in the 16 courts that were added to the pilot in January 2024. The reporting pilot introduced, for the first time, a presumption that accredited media and legal bloggers may report...

Amelia King (2016)

This appeal serves as a reminder to PD12J paragraphs 36 and 37, the law in relation to appeals & admitting fresh evidence at an appeal. This was an appeal in private law proceedings against an order made by HHJ Cox sitting in the Central Family Court. The case concerned two children...

Rebecca Caws (2023)

This case concerned an appeal as to whether the Judge’s decision at a case management hearing to exclude a mother as a future carer for the child was unjust because of a procedural irregularity. The case concerned O, a boy aged 10 months old. O had 3 older siblings age 10,...

Elicia Davis (2017)

Elicia joined chambers as a tenant in July 2024, after successful completion of pupillage under the supervision of Tracey Hennessey, Head of Chambers, and Laura Baines. During pupillage and since joining chambers, Elicia regularly practices in all areas of family law including private and public children work and financial remedies. Prior...

No.18 wishes to take this opportunity to send all its best to Katherine on her new venture. Katherine has been an intrinsic part of chambers but now moves on to Henry Chambers, to work with her brother and fellow Barrister Jack Henry. ...

Barnaby Large (2007), Thomas Wheddon (2022)

Barnaby Large, recognised in the Legal 500 as a tier 2 Junior of the Western Circuit in Employment Law, successfully appealed part of the Employment Tribunal’s decision to dismiss Mr Bugden’s claim for Unfair Dismissal. The EAT remitted the case to the same tribunal following a determination that the Employment Tribunal...

Sara Chalk (2018)

No.18 Chamber’s Sara Chalk represented the Children via their 16.4 Guardian in HHJ Levey’s reported Family Court Fact-Finding Judgment from the hearing taking place on 9, 10 and 11 January 2024. HHJ Levey’s judgment finds that both parents exposed the children to harmful conflict and failed to shield the children from...

Gary Fawcett (1975)

West Northamptonshire Council v The Mother 2024 EWHC 395 ( Mercifully short judgement - 7 pages) It would seem that Mrs Justice Lieven was looking for an opportunity to give guidance on applications for a cognitive/psychological assessment in care proceedings. The case had been in the hands of HHJ Carter but...

Barnaby Large (2007)

The Employment Appeal Tribunal (Matthew Gullick KC sitting as a Deputy Judge of the High Court) has handed down judgment in the matter of Bugden v Royal Mail Group Ltd holding that redeployment is a sufficiently well-established principle in ill health dismissal cases that the tribunal below should have addressed it as a...

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