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News
Can an employee refuse to come to work for fear of contracting Coronavirus? Considerations of s. 44(1)(d) and s.100 Employment Rights Act 1996 by Tom Bourne-Arton
S.44(1)(d) ERA 1996 states: “(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that – … (d) in circumstances of danger which the employee reasonably believed to be serious and imminent and which he could […]
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Putting the Cart Before the Horse? Assessing the Credibility of Complaints Before Complainants in Disciplinary Proceedings.
A recent appeal before the High Court once again emphasises the importance of disciplinary tribunals assessing the credibility of complaints rather than the credibility of the complainant. In Khan v General Medical Council [2021] EWHC 374 (Admin), Knowles J found a fact-finding analysis undertaken by the Medical Practitioners’ Tribunal (MPT) was fundamentally flawed in judging […]
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Assessing Witness Credibility: Professional Discipline and Beyond
For those that potentially missed it last summer (which, let’s face it, was easily done), the case of R (Dutta) v GMC [2020] EWHC 1974 (Admin) contains an extremely useful summary of the modern guidance and caselaw surrounding the issue of assessing a witness’ credibility and provides a stern reminder to all, not just to […]
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Small Claims and Whiplash Reforms Published
Two statutory instruments and the latest update to the CPR Practice Directions confirm that the small claims and whiplash reforms are proceeding in earnest, with measures expected to come into force on 31st May 2021. This will not be a detailed consideration of the new rules, or the new practice direction/protocol, but provides a summary […]
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David Hughes appointed to Chair the Wales Commercial Law Association
Farrar’s Building congratulate David Hughes on his election to Chair of the Wales Commercial Law Association!
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Commencement of criminal proceedings need not stay appeals against prohibition notices in the Employment Tribunal, according to High Court.
It is an easily-overlooked aspect of health and safety law that appeals against prohibition and improvement notices made by the Health and Safety Executive (‘the HSE’) are made to an Employment Tribunal. Yet what happens when the HSE brings criminal proceedings after an appeal has been lodged – can the appellant seek a stay in […]
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Geoffrey Williams QC obtains Restoration to the Register for Pharmacist
Geoffrey Williams QC of Farrar’s Building, acted for a pharmacist (“S”) at a hearing before the General Pharmaceutical Council on 4th February 2021. On 29th April 2014 S had pleaded guilty to two counts of perverting the course of justice. He was sentenced to nine months imprisonment, suspended for two years. The offences arose from […]
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Leonard Wigg nominated by Attorney General to represent the Secretary of State for the Home Department.
Following an off-panel nomination by the Attorney General’s Office, Leonard Wigg successfully represented the Secretary of State for the Home Department in an interim relief hearing in the High Court. Leonard accepts instructions from government departments, including the Foreign Commonwealth & Development Office, Ministry of Defence, and Home Office, in matters of public law, review, […]
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