header-logo header-logo

Below the belt?

16 June 2011 / Karen O’Sullivan
Issue: 7470 / Categories: Features , LexisPSL , Employment
printer mail-detail

Can you pick a fight and win the lottery, asks Karen O’Sullivan

Can someone secure damages by provoking an assault by obnoxious and possibly unlawful behaviour? Surely such an action is not possible outside the pages of the Daily Mail? Well, no, that newspaper may have justification for its standard level of outrage, after the Court of Appeal’s decision of Pritchard v Co-operative Group [2011] EWCA Civ 329, [2011] All ER (D) 312 (Mar).

Facts

As ever in cases such as these, the facts found by the trial judge were interesting as well as important. The claimant, P, had been employed by the defendant at its supermarket with a good work record for some six years until 2003 when she had a period of sick leave. She was still feeling below par, but on telephoning the store manager, W, he refused consent for her to take a day’s leave. Consequently, P attended the store with her sister and confronted W who again refused his consent in a way that went beyond forthright

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll