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11 January 2007 / Ian Smith
Issue: 7255 / Categories: Features , Employment
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Employment law brief: 12 January 2007

Ian Smith explains why 2006 went out with a bang

If only to make Christmas and New Year a time of even greater gloom and unremitting misery for the average Harvey-editor-in-the-street, 2006 insisted on going out with something of a bang. An element of judicial desk clearing led to a flurry of case law on important topics, right up to the close of play before the break. The timing of this was only topped by those awfully nice people at HM Revenue & Customs who managed once again to include in the very last post their Merry Christmas missive with its customary demand for money with menaces.

In among this recent case law, three cases stand out and are considered here. The first is a decision of the Employment Appeal Tribunal (EAT) under Mr Justice Elias (President) giving guidance to tribunals on the thorny question of when a long-serving agency worker transmutes into a direct
employee of the client; the gist of this guidance is to be much more cautious than previous

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NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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