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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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