Ian Mann

Disclosure & Procedure In Commercial Injunctions

This paper is a practical guide to the weapons available to a respondent at a return date after an ex parte injunction has been granted against him in the Commercial Court. It has a particular emphasis on how material non-disclosure can be effectively use... Read >

Can Informations lawfully be laid by fax in the magistrates' court

In the recent case of Rockall v DEFRA (22 March 2007) [2007] EWCA Div 614 the Divisional Court was asked to decide two fundamentally important issues as to when proceedings for regulatory offences are as a matter of law "instituted" in the magistrates' co... Read >

Disclosure in Criminal Proceedings

1 "Disclosure is one of the most important - as well as one of the most abused - of the procedures relating to criminal trials. There needs to be a sea-change in the approach of both judges and the parties to all aspects of the handling of the material wh... Read >

Employment Law: Majrowski and Employers' liability for psychiatric illness

The Protection from Harassment Act 1997 makes harassment both a criminal and civil offence, it was intended to deal with the problem of stalking. Section 1 - Prohibition of Harassment A person must not pursue a course of conduct which:- i) ... Read >

Claims Against Keepers Of Animals For Their Animals’ Actions: Strict Liability Or Not?

The circumstances in which the keeper of an animal is liable for damage caused by his animal depend upon the category to which the animal belongs: animals are either dangerous or non dangerous. Section 2(1) of the Animals Act 1971 imposes upon the keeper ... Read >

Stress at Work Claims: An Employer’s Guide to avoiding the pitfalls

1. Prolonged stress built up over the course of time through exposure to an excessive workload, long working hours or the breakdown of a working relationship can go unnoticed until too late. The question for employment/personal injury lawyers is when ... Read >

Covert recordings of Disciplinary Meetings with an Employer

In the recent case of Chairman and Governors of Amweil View School v Mrs C Dogherty UKEAT/0243/06/DA, Mrs. Dogherty who was a teaching assistant at the Amweil View School, covertly recorded her disciplinary hearings and even the private deliberations of h... Read >

The Regulation of Investigatory Powers Act 2000 (RIPA) for Local Government

The Regulation of Investigatory Powers Act 2000 requires public authorities to establish a system of prior authorisation before conducting surveillance. This article addresses the particular types of surveillance the local government councils are permitte... Read >

The Freedom of Information Act 2000 - Basic Provisions and Useful Cases

Introduction 1. The Freedom of Information Act 2000 ('the Act') and the Environmental Information Regulations 2004 ('the EIR') have created a small number of cases that have made significant jurisprudence creating onerous new requirements for Local Gov... Read >

Substantial Change ‘Constructive Dismissal’ – the New Watered Down Route to Constructive Dismissal u

Under the TUPE Regulations 1981, it was always possible for an employee to make a claim for constructive dismissal when, after the transfer, the new employer had broken or threatened to break the employee's terms and conditions that had transferred under ... Read >

3 Ways Of Escaping TUPE 2006 Service Provision Change Transfers

The Transfer of Undertakings (Protection of Employment) Regulations 2006 now applies to service provision changes in circumstances where a client who engages a contractor to do work on its behalf is either reassigning such a contract or bringing the work ... Read >

The Immigration Asylum & Nationality Act 2006 - Summary Of Changes

The Immigration Asylum & Nationality Act 2006 is the fifth major piece of legislation in the field of asylum and immigration since 1993. Commencement The Immigration Asylum & Nationality Act 2006 received Royal Assent on the 30th March 2006 and by v... Read >

Employment Law: What Is All the Fuss About the Age Discrimination Regulations?

Copyright (c) 2006 Ian Mann The Age Discrimination Regulations came into force on 1 October 2006 and implement the age component of the European Framework Employment Directive. The DTI Regulatory Impact analysis predicts that 8,000 Age Discrimination c... Read >

Age Discrimination Regulations And Recruitment: 3 Steps To Avoiding The Pitfalls

Copyright 2006 Ian Mann The Employment Equality Age Regulations 2006 came into force on 1 October 2006 requiring employers to revolutionise the way they advertise for jobs, interview applicants, and make final selection for employment. These Age Discri... Read >

Age Discrimination: 5 Steps To Knowing When An Employee is Unfairly Dismissed By Way Of "Retirement"

The Employment Equality (Age) Regulations 2006 - SI No 2006/1031 - came into force on 1 October 2006 to protect employees from being dismissed unfairly by reason of their age. The Age Regulations make it unlawful to discriminate against employees, job see... Read >