Latest Cases

Employment – Discrimination. The Employment Appeal Tribunal (EAT) dismissed the defendants' appeal against an employment tribunal's preliminary ruling that a limited company was entitled to bring proceedings alleging discrimination if it had suffered detrimental treatment because of an associated protected characteristic under the Equality Act 2010. 

Employment Tribunal – Practice. The Employment Appeal Tribunal (EAT) allowed the employer's appeal against a decision of the employment tribunal permitting an extension of time for an unfair dismissal claim to be brought out of time. The EAT remitted the case to the same tribunal for re-consideration. 

Medical practitioner – Professional conduct committee. The Court of Appeal, Civil Division, allowed the General Medical Council's appeal in two conjoined cases and remitted both matters to the High Court. In doing so, the court gave guidance on the approach to be taken by the Fitness to Practise Panel in proceeding without the individual present or represented at the hearing and the question of the admissibility of fresh evidence both as to the reason for non-appearance and the general merits. 

Employment – Disability discrimination. The Employment Appeal Tribunal dismissed the employer's appeal against a finding by the employment tribunal (ET) that an employee's claim for disability discrimination began to run by a specified date. It held that the tribunal's decisions to extend time under s 123(1)(b) of the Equality Act 2010 in respect of that claim and a separate claim of harassment had been wrong in law. 

Contract – Contract for service. The Commercial Court dismissed the claimant's claim regarding an alleged agreement between the parties by which the claimant was to provide services to the defendant. On the evidence, no legally binding contract had been made between the parties, either orally or in writing. 

Children and young persons – Protection. The Administrative Court held that the defendant local authority had made an irrational decision in not finding that C was a child in need under the Children Act 1989 on the basis of the risk of radicalisation. 

Employment – Disability. The Employment Appeal Tribunal (EAT) dismissed the employee's appeal against a decision of the employment tribunal that he did not have a disability for the purposes of s13 of the Equality Act 2010. The EAT held that the tribunal had not made contradictory findings as to the reasons for the employee's dismissal, the employee's ill-health capability and the employee's conduct. 

Air traffic – Noise nuisance. The Court of Appeal, Civil Division, allowed the defendant's appeal against the judge's grant of an injunction, restraining certain manoeuvres by helicopters on or above part of its land lying near the claimant's property and rejecting its defence based on s 76(1) of the Civil Aviation Act 1982. The judge had been wrong in confining 'flight' in s 76(1) of the Act to lateral travel from one fixed point to another and holding that the precondition of immunity was that flight or ordinary incidents of flight had to be reasonable.

Landlord and tenant – Assignment of lease. The Chancery Division held that a tenant was precluded under the Landlord and Tenant (Covenants) Act 1995 from assigning the tenancy to its guarantor and any agreement which sought to give effect to such an arrangement was void by reason of s 25(1) of the Act, as it frustrated the purpose of the Act. 

Contempt of court – Committal. The Court of Appeal, Civil Division, dismissed an appeal against the discharge of a committal order which had resulted in the defendant's early release from prison. In doing so, the court gave guidance to the effect that where the court was minded to act of its own initiative, it should ordinarily, so far as practicable, give notice of its intention to the person or body at whose instance the warrant of committal had been issued.