Blog

Keep up to date with all that’s happening here at BPE, and read about the latest trends and issues in the law profession.

Litigation

Litigation strategy: options for the defendant

Last time we looked at the strategic challenges that face the claimant, and how these have become more acute in light of the novel legal and factual issues created by the current economic climate. This month we focus on the role of the defendant and the challenges and opportunities that it faces. Certain of those will be identical for both claimant and defendant: issues such as the approach to settlement discussions and the need to handle the public relations angle of being involved in a claim raise similar questions for both parties. In other areas, though, the defendant has a different perspective to that of the claimant.

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The world’s most expensive duty free?

How far must an employer go when investigating an allegation of misconduct? The case of Stuart v London City Airport Ltd gives employers some useful guidance on what constitutes a reasonable level of investigation in cases of misconduct.

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Employment

Two (or even one) wrong(s) don’t make a right (to dismiss for Gross Misconduct)

It would seem reasonable to think that dismissal inevitably falls within the band of reasonable responses in a case of gross misconduct. However, the recent case of Brito-Babapulle v Ealing Hospital NHS Trust highlights that this approach may be an error as it would fail to give due consideration to any mitigating factors.

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