Dispute Resolution analysis: the QBD has granted relief from sanctions following the claimant’s failure to file the notice of funding in the proper form (N251). In doing so, it applied Denton and Forstater, finding, among other things, the breach not to have been serious or practically significant and the default not to have been deliberate.

Dispute Resolution analysis: The claimant served particulars of claim over a year late. The court considered whether to strike out the claim. Relief from sanctions principles were applied by analogy save that where no sanction was applied automatically the court first had to decide the correct sanction before deciding whether relief from it would be appropriate. The court found strike out inappropriate as it was a sanction of last resort; only to be deployed where no more appropriate and proportionate sanction was available. Further, on the facts, the court found the breach to be neither substantial nor significant in that the ‘delay in serving the particulars of claim was consistent with a stay that the parties had, for good reason, agreed should be put in place…[which] mitigates both the seriousness and the significance of the breach’. While the claimant failed to give effect to the agreed stay by filing a consent order, the stay had been properly agreed and served proper purposes; thus, the delayed service could not be relied upon as being disruptive of proceedings. Further, it was not disruptive of proceedings, where the second defendant could have re-activated the proceedings at any time. Written by Lauren Godfrey, barrister at Gatehouse Chambers.

A purpose recognised as capable of being a charitable purpose by the Charities Act 2011 and the law as it stood before the coming into force of that legislation.

A contribution paid to a registered pension scheme by or on behalf of a member of that scheme, unless one or more of the following exceptions applies.

Private Client analysis: P’s family appealed against the judge’s decision that it was in P’s best interests for life sustaining treatment to be discontinued. The appeal was refused on all grounds. P was in a prolonged disorder of consciousness (PDOC) with severe brain damage. There was no medical evidence of any prospect of recovery, and the judge had been entitled to reach this conclusion. The family’s evidence as to P’s wishes and feelings, and P’s wishes and feelings insofar as they could be ascertained, had been properly accounted for. The judge had been entitled to consider evidence as to P’s wishes and beliefs as informed by her faith and religion in the context of her actual, severe, medical situation, and entitled to consider the family’s evidence as to P’s wishes and beliefs in the context of the family’s own beliefs about P’s prospects of recovery. Written by Katherine Hampshire, barrister at Serjeants’ Inn.

This Practice Note examines the definitions of ‘religion’ and ‘belief’ for the purposes of having the protected characteristic of religion or belief in relation to religious discrimination and other prohibited conduct under the Equality Act 2010 (EqA 2010), and discusses the requirements for a religious belief, or a philosophical belief, to enjoy protection. Protected characteristics EqA 2010 provides protection against discrimination which relates to certain listed characteristics which people may possess. Some protections relate specifically to only one of those characteristics. Others provide the same protection in relation to all the characteristics, which are collectively referred to as 'the protected characteristics'. Each protected characteristic is listed and (with the exception of pregnancy and maternity) defined in EqA 2010. For further information regarding the Protected characteristics generally, see: Protected characteristics—overview. This Practice Note considers the protected characteristic of religion or belief. Definition of religion or belief 'Religion' under EqA 2010 means 'any religion', and includes reference to a lack of religion. 'Belief' means any religious or philosophical belief, and again includes reference to a lack of belief. An

This Practice Note summarises the materials available relating to protections and liabilities arising out of acts and omissions that amount to religion or belief discrimination or other forms of prohibited conduct that are connected to religion or belief. The level of detail provided in this Practice Note is low, as its primary purpose is to guide subscribers onwards to the fully detailed materials found in the multitude of further Practice Notes that deal with each aspect of the subject matter in full depth. As such, this Practice Note should be regarded merely as a starting point to research, as full information will only be found elsewhere in the locations linked to below. The characteristics protected The Equality Act 2010 (EqA 2010) provides protection against discrimination and other prohibited conduct which relates to certain listed characteristics which people may possess. Some protections relate specifically to only one of those characteristics. Others provide the same protection in relation to all the characteristics, which are collectively referred to as 'the protected characteristics'. ‘Religion or belief’ is one of these protected

The concept that it is unlawful for an individual to discriminate against another on the grounds of his religion or belief.

This Practice Note considers the interaction of provisions of the Equality Act 2010 (EqA 2010) with the provisions of the School Standards and Framework Act 1998 (SSFA 1998), relating to appointment and dismissal of teachers at schools with a religious character, staff at foundation and voluntary schools with a religious character, religious opinions of staff at various secular schools, and employment of teachers at independent schools having a religious character. The Practice Note considers categories of school, the definition of 'religious character', and the operation of the relevant provisions of the SSFA 1998 in relation to teachers and staff at secular schools and teachers and staff at schools with a religious character, including reserved teachers in foundation schools and voluntary controlled schools with a religious character. Finally, it examines exceptions in the EqA 2010 relating to academic posts restricted to a religious order, or women, or priests. The School Standards and Framework Act 1998 There are provisions in the SSFA 1998 which considerably predate the EqA 2010 relating to:

A school has a 'religious character' only if formally designated as such by Order of the Secretary of State.

A form of pensions discrimination which is outlawed in pension schemes. Religion was an issue (and remains an issue with annuities) since certain faiths object to contracts on human life.

Part of the basic curriculum which is almost mandatory in all maintained schools.