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24 May 2024, 7:17 am by INFORRM
In cases involving children, the familiar Article 8/10 judicial “balancing exercise” is conducted with regard to an additional legal principle – that “[w]here the best interests of the child clearly favour a certain course, that course should be followed, unless countervailing reasons of considerable force displace them” (K v News Group Newspapers [2011] 1 WLR 1827, per Ward LJ, [19]). [read post]
23 May 2024, 6:00 am by Public Employment Law Press
Decades later, we affirmed a compensation award to an employee assaulted by a man "he had never previously seen," because under the WCL § 21 (1) presumption, "[w]hen an injury is sustained in the course of employment it will be presumed, as a matter of law, that it did arise out [*2]of the employment" (Slade v Perkins, 42 AD2d 667, 668 [1973], affd 33 NY2d 988 [1974]). [read post]
23 May 2024, 6:00 am by Public Employment Law Press
Decades later, we affirmed a compensation award to an employee assaulted by a man "he had never previously seen," because under the WCL § 21 (1) presumption, "[w]hen an injury is sustained in the course of employment it will be presumed, as a matter of law, that it did arise out [*2]of the employment" (Slade v Perkins, 42 AD2d 667, 668 [1973], affd 33 NY2d 988 [1974]). [read post]
20 May 2024, 6:00 am by Public Employment Law Press
   Petitioner alleges that this statute entitled him to “[w]ritten notice of the facts providing the basis for the judgment” that he was “not fit to perform the duties of his ... [read post]
20 May 2024, 6:00 am by Public Employment Law Press
   Petitioner alleges that this statute entitled him to “[w]ritten notice of the facts providing the basis for the judgment” that he was “not fit to perform the duties of his ... [read post]