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19 February 2010 / Ian Smith
Issue: 7405 / Categories: Features , Employment
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Drawing the right lines

Ian Smith explains why the New Year has started with a bang

The New Year has started as it doubtless means to go on, ie on the manic side of frantic. We have had the passage of the Agency Worker Regulations 2010 (SI 2010/93), even though they are not due to come into force until October 2011, and also the sudden enactment (due to a temporary ascendance in the firmament of planet Harman over planet Mandleson) of the provisions on additional paternity leave and pay in the Work and Families Act 2006 ss 3 to 10 (brought into force on 6 April 2010 by SI 2010/128).

The case law considered here is equally important. We have had a Court of Appeal case with a welcome clarification of the position of contract terms incorporating collective agreements on a TUPE transfer (where hitherto we seemed to have a conflict between domestic authority and a European Court of Justice (ECJ) decision), a decision of the EAT holding that in certain circumstances the apparently inalienable right to statutory

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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