The ET has heard an interesting case relating to the fact that a long-standing employee fell asleep on the job and was dismissed. The ET summarised the claim thus: ‘6… the only claims that remain for the Tribunal’s determination are ones of “ordinary unfair dismissal” and “wrongful dismissal” against the respondent. The basis for the …
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Under the Thwaite jurisdiction, the court can set aside (but not vary) an order if: it remains executory (has yet to be implemented); there has been a material change of circumstances; and it would be inequitable not to vary the order. Unlike Barder events, the change in circumstances does not need to be ‘wholly unforeseen’. …
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If a party has transferred assets with intent to defeat (or reduce) a financial claim, the court can set aside the transaction under s37 MCA 1973. In this case, the allegedly worthless shares were set aside. The parties married in 1999 and separated in 2019. W petitioned for divorce. H was sole shareholder of a …
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When will the court order an expert witness to attend court to give oral testimony under FPR r25.9(2)? In this case, a very young baby (B) was the subject of care proceedings after being admitted to hospital with brain injuries. M said F had searched online for ‘shaken baby’ after winding B forcefully. The paternal …
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