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16 June 2011 / Karen O’Sullivan
Issue: 7470 / Categories: Features , LexisPSL , Employment
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Below the belt?

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

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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