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13 January 2017
Issue: 7729 / Categories: Features
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Book review: The Law of TUPE Transfers

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“His ability to explain core concepts & the nuances is a wonder to behold”

Author: Charles Wynn-Evans
Publisher: Oxford University Press
ISBN: 9780198778912
Price: £110

The Unfortunates by little known author B S Johnson was published in a box. Inside the box were chapters marked “first” and “last”. The remainder of the chapters were individual, unnumbered and could be read in any order.

Generations of doubt

When I first encountered TUPE I did wonder whether it was a later and even more extreme work penned by Mr Johnson. The convoluted language, the abandonment of privity of contract and the inchoate “undertaking” all hinted that a maniac had been let loose on the 1981 Regulations. That so short a set of measures has generated generations of doubt proves how complex a subject the law is.

Employment law is as fickle as ever. The fact that to this day we have arguments about that most fundamental of issues—status—shows that the legal landscape is ever shifting. I once suggested as a joke that you could

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MOVERS & SHAKERS

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridgestrengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

Andrew & Andrew Solicitors—Shikha Datta

Hampshire firm appoints head of new family department

Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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