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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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NEWS
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
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