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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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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