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19 January 2024 / Stephen Gold
Issue: 8055 / Categories: Features , Procedure & practice , Civil way
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Civil way: 19 January 2024

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TUPE changes; CPR and tribunal rules; FRC invasion imminent; X-examination peanuts; AI reaches the law; Head bashing; CPR Pt 71 under the microscope

DEVELOPMENTS LITE

New year presents for the boss The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (SI 2023/1426) came into force on 1 January 2024. They reform consultation requirements under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) for post-30 June 2024 transfers. The circumstances in which employers can inform and consult directly with employees will extend to businesses with fewer than 50 employees, and also where there are fewer than ten employees transferring. Other reforms are to record keeping requirements and annual leave and holiday pay requirements under the Working Time Regulations 1998 (SI 1998/1833).

Calm down! Yes, the Civil Procedure (Amendment No 4) Rules 2023 (SI 2023/1397) did come into force on 20 December 2023. However, unless you have a niche practice in court proceedings relating to state threats prevention measures, as introduced by the National Security Act 2023,

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MOVERS & SHAKERS

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Sponsored by
Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
NLJ this week: Family law urged to ditch adversarial instincts
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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