header-logo header-logo

16 June 2011 / Karen O’Sullivan
Issue: 7470 / Categories: Features , LexisPSL , Employment
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll