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Earlier in the week one of the lawyers from our Buckinghamshire office was successful in recovering from a solicitors' firm's insurer the balance of over £170,000 which the solicitor had lost to a cyber fraudster. Interest was also recovered on the monies lost and the client's legal costs were covered in full by the insurer. The claim was founded in the torts of negligence and breach of trust.


This week in the case of Pimlico Plumbers Ltd and another (Appellants) v Smith (Respondent) [2018] UKSC 29,the Supreme Court has unanimously dismissed an appeal of Pimlico Plumbers Ltd (PP) against an earlier decision of the Employment Tribunal in relation to the worker status of Mr Gary Smith, a plumbing and heating engineer. The Supreme Court decided that a Tribunal judge was entitled to find that Mr Smith was both ‘in employment’ for the purposes of the Equality Act 2010 and a ‘worker’ under the Working Time Regulations 1998, guaranteeing him the right to paid annual leave. Jennifer Sole and Jessica Bass, with assistance from our intern Jasmine Doust, summarise the decision:
 
The facts
Mr Smith worked for PP, a large plumbing business based in London and owned by the Second Appellant, Mr Charlie Mullins, between August 2005 and April 2011.
In 2011, Mr Smith began proceedings at the Employment Tribunal following his allegation that unlawful deductions had been made to his wages, that he had not been paid for his statutory annual leave, and he had been discriminated against by virtue of his disability. The judge found that Mr Smith was a worker.
PP and Mr Mullins appealed first to an appeals tribunal, and then to the Court of Appeal, to no avail. In February 2018, their appeal was heard by the Supreme Court, whom they asked to resolve the issue of whether Mr Smith was a ‘worker’ who had undertaken to personally perform his work or services for PP, or whether he was their client or customer.

Read more: UK Supreme Court rejects appeal from Pimlico Plumbers in landmark gig economy case

One of the solicitors in our High Wycombe office settled extremely complex financial proceedings last week. The case involved intervenor proceedings brought by one of the parties' parents and also an application to join an offshore company and another individual to the claim by way of an avoidance of a disposition application. The case settled the day before the trial.

Curzon Green Solicitors appeared in the High Court last week on behalf of the Claimant in a defamation case. Acting on a no-win-no-fee basis, Curzon Green successfully resisted an application for strike out and were awarded costs in full. The Judge stated that the Defendant’s arguments were ‘thin’ and that the Claimant and Curzon Green had been ‘very reasonable’. The case continues.
Congratulations to Georgina Kerby (https://www.curzongreen.co.uk/georgina-kerby.html) who today qualifiies as a solicitor following the completion of her training contract earlier this month. Georgina joined the firm in 2016 and intially worked at our office in High Wycombe before transferring to our Gracechurch Street office last year.

 
Well done to Saskia who was admitted to the Roll of Solicitors yesterday and will take up a position in the firm at our High Wycombe office. Saskia will continue to work in both of our property departments, as well as commercial law.


Many UK employees and workers will receive a pay rise while they enjoy the Easter holidays, since their statutory entitlements are set to increase over the bank holiday weekend (from 1 April 2018) or with effect from the new tax year 2018/19, namely 6 April 2018. Jennifer Sole, with assistance from our intern Temujin Erdene-Ochir, summarised the changes:

Read more: Automatic pay rises over Easter?

Our family law department received a call earlier this week from a firm of solicitors in Wales enquiring as to how we obtained a costs order against CAFCASS on behalf of one of our clients as they had a similar type of argument and considered that we might have been the only firm to have ever obtained such an order.




Earlier this week one of the solicitors from our family law team in High Wycombe was able to persuade the Court to dismiss an application to vary a maintenance order downwards. Our client was awarded her costs of the application with the Court accepting that the application was unreasonable.


We would like to welcome Hannah Dewing who has joined the team at our High Wycombe office as a legal assistant. Welcome to the law Hannah!

 

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News Archive

2018

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2017

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2016

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2015

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2014

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2013

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