Piers von Berg

Loss of confidence and breakdown in relationships – a reason for dismissal?

This article is co-authored with Richard O'Dair. Recent cases, Ezsias v North Glamorgan NHS Trust [2011] IRLR 550 and R (Shoesmith) v OFSTED and Ors [2011] IRLR 679 ), have raised the following issue: may an employer dismiss…more
| Labor & Employment Law

Judicial review of Magistrates Courts – update on recent case law

Two recent decisions of the Administrative Court show common place problems in the Magistrates’ Courts can readily lend themselves to a remedy by judicial review…more
| Administrative Law, Criminal Law

Granting power and trust to a non-employee may bring vicarious liability

Priests are not employees. So can the Church body that appointed them be held vicariously liable for torts they commit? In recent times, this has taken the form of sexual assault. Traditionally, vicarious liability has not…more
| Labor & Employment Law

Representing Mentally Disordered Defendants in the Magistrates' Court

This article is co-authored with Nadia Silver. The preparation of a case involving a mentally disordered defendant can present practical and procedural challenges to those that represent them. Unfamiliarity with the…more
| Criminal Law, Health

Unlawful detention by Magistrates Courts – a test case in waiting?

There is a potential way for recovering compensation from Magistrates Courts or, at least, challenging the law that provides them with immunity. This applies to cases where the Magistrates or their clerks have detained…more
| Administrative Law, Criminal Law

Unlawful detention by Magistrates Courts – a test case in waiting?

There is a potential way for recovering compensation from Magistrates Courts or, at least, challenging the law that provides them with immunity. This applies to cases where the Magistrates or their clerks have detained…more
| Administrative Law, Civil Remedies, Criminal Law

Disclosure of information in family proceedings to third parties

From 27th April 2009, parties in private law family proceedings may disclose information to any person, if it enables them to make or pursue a complaint against a person or body in the proceedings. The full text is found in…more
| Family Law
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