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27 September 2013
Issue: 7577 / Categories: Case law , Law digest , In Court
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Employment

Johnson v Oldham Metropolitan Borough Council [2013] All ER (D) 187 (Sep)

It was well established that it was a critical aspect of fairness that a party should know the case it had to meet. It was also a central tenet of justice that disputes should be heard where a fair hearing was possible and cases should not lightly be ruled out on a procedural technicality without determination on the merits. One way in which case management powers could be exercised in such a case would be to order particulars of the claim or response to be given.  If they were not given in response to such an order, whether through misunderstanding, mental illness, lack of awareness of that which the other party would need to meet the claim or response, or a deliberate refusal or failure to comply, an “unless order” might be made.  If such an order was not complied with within its terms by the date set out in the order, the claim or response would stand struck out without the need for any further

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
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 
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
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
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’
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’ 
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