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26 June 2008 / Ian Smith
Issue: 7327 / Categories: Features , Discrimination , Terms&conditions , Employment
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Employment law brief: 26 June 2008

STATUTORY INTERPRETATION
PRINCIPLE
NIT-PICKING

Employment law can be a curious mixture of several things—the topical and the mundane, the ancient and the modern, the fascinating and the mind-numbingly tedious (no prize offered for nominations for the latter category). The mixture particularly notable this month is that between cases involving broad questions of principle and those involving nit-picking points of statutory interpretation. While we should not be too dismissive of the latter (after all, on one occasion many years ago a case went to the House of Lords under the merchant shipping legislation to decide whether the word “or” means “or”, or “and”, or “and/or”, with the whole validity of a prosecution depending on it—“the master or owner may be prosecuted”, and one already had been) the contrast remains an interesting one.

PRINCIPLE (1): BASIS OF A CONTRACT
The element of personal service has figured significantly in many of the recent cases on employment status, but the decision of the Employment Appeal Tribunal (EAT) under Elias P in Ellis v M&P

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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