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17 November 2023 / Charles Pigott
Issue: 8049 / Categories: Features , Employment , EU , Brexit
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Agnew & retained EU law

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How is the EU law thread in Agnew to be applied to the rest of the UK? Charles Pigott reports
  • The Supreme Court has—at long last—clarified the meaning of the phrase “series of deductions” which is used to calculate the time limit for unlawful deductions claims across the whole of the UK.
  • However, the excision of the general principles of EU law from domestic law on 31 December 2023 could mean that other aspects of the ruling have a more limited shelf-life.

There are two distinct threads running through the Supreme Court’s decision in Chief Constable of the Police Service of Northern Ireland v Agnew [2023] UKSC 33, [2023] All ER (D) 14 (Oct). The first—deriving from the general principles of EU law—conferred on police officers in Northern Ireland the same rights to recover historical underpayments of holiday pay as their civilian colleagues. Once this parity had been established by reading additional words into the Working Time Regulations (Northern Ireland) 1998 (SI 1998/386), the Supreme Court turned to purely

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MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

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Firm promotes senior associate and team leader as wills, trusts and probate team expands

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Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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