News & Events

Court of Protection

Court of Appeal rejects bid to exclude more public sector workers from collective redundancy consultation protection

United States of America v Nolan [2014] EWCA Civ 71 (04 February 2014) www.bailii.org/ew/cases/EWCA/Civ/2014/71.html On the 4th February 2013 the Court of Appeal handed down its latest judgement in the long running collective redundancy consultation case of USA v Nolan, in which Mark Mullins of Outer Temple Chambers, instructed by Thompsons Law on behalf of the GMB, continues to represent Mrs Christine Nolan. The decision confirms that public sector workers in the UK have statutory redundancy protection (with those in “crown employment” excluded and covered by voluntary arrangements). The USA has sought permission to appeal the decision to the Supreme Court. The important question of when the obligation to consult over collective redundancy arises (‘the Fujitsu issue’) is to be…

News 5 Feb, 2014

Equal pay claims in the Civil Courts

Andrew Short QC and Naomi Ling have successfully argued before the Supreme Court that employees are entitled to bring claims for equal pay in the civil courts. In Birmingham City Council v Abdulla 174 former Council employees, represented by Leigh Day & Co, issued claims for breach of contract in the High Court. They did so on the basis that the Council had paid them less than predominantly male groups of staff, in breach of the Equal Pay Act 1970. In a judgment handed down on 24th October the Supreme Court ruled that they were entitled to do so. The Council applied to strike out the Claimants’ claims for equal pay on the basis that it was more ‘convenient’ to…

News 23 Oct, 2012

Court of Protection finds woman with anorexia can be fed by force if necessary

Is giving life-sustaining treatment in the best interests of a person lacking capacity but fully aware of her situation? Mark Mullins recently represented the Health Authority in A local authority v E & others, the first case in which the Court of Protection has had to grapple with this question. In previous cases courts have declared lawful the withdrawal of life sustaining treatment from persons in a PVS or minimally conscious and from the very young and very old terminally ill. The position of an adult lacking capacity but able to express her views has never been dealt with before. Giving judgement in the Court of Protection on Friday 15th June 2012, Mr Justice Peter Jackson described the factors for…

News 17 Jun, 2012

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