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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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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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