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Employment law brief: 7 November 2019

07 November 2019 / Ian Smith
Issue: 7863 / Categories: Features , Employment , Discrimination
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In this month’s employment brief, Ian Smith raises a glass to legal privilege in the face of pub gossip, & the Pandora’s Box opened by the recent whistle-blowing judgment
  • Judges can be ‘workers’.
  • No liability for third-party harassment.
  • Reversing the burden of proof in discrimination cases.

Dangerous places, London pubs. We might have benefited from Christopher Marlowe’s views on this, if he had not been murdered in one. What brought this to mind this month was a Court of Appeal decision (Curless v Shell International Ltd [2019] EWCA Civ 1710, [2019] All ER (D) 137 (Oct)) the facts of which occurred in that den of lawyers and other assorted ne’er-do-wells, the Old Bank of England pub near the law courts. The claimant in a case suddenly realised that a gaggle of lawyers just behind him were in fact talking about his case, from the other side. He was being faced with being ‘managed out’ by redundancy, but he thought it was for other, more dubious reasons.

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
Can a lease legally last only days—or even hours? Professor Mark Pawlowski of the University of Greenwich explores the question in this week's NLJ
RFC Seraing v FIFA, in which the Court of Justice of the EU (CJEU) reaffirmed that awards by the Court of Arbitration for Sport (CAS) may be reviewed by EU courts on public-policy grounds, is under examination in this week's NLJ by Dr Estelle Ivanova of Valloni Attorneys at Law, Zurich
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