Care proceedings
A v A local authority and others [2019] EWCA Civ 1360, [2019] All ER (D) 27 (Aug)
The judge had erroneously found that either or both of the parents had inflicted a non-accidental injury on their one-year-old child and thereby rejected an alternative cause that the injury could have been caused accidentally when the child was in the care of his 11-year-old cousin. The Court of Appeal, Civil Division, held that there had been a lack of a coherent structure to the judge’s judgment providing clarity as to the findings which had been made and a lack of balance in reaching a conclusion as to the credibility of the parents.
Employment
Harpur Trust v Brazel (Unison intervening) [2019] EWCA Civ 1402, [2019] All ER (D) 40 (Aug)
The Employment Appeal Tribunal (the EAT) had held that the Working Time Regulations 1998, SI 1998/1833, made no provision for pro-rating of annual leave in circumstances where the respondent teacher did not have normal working hours within the meaning of the Employment Rights Act