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11 February 2022 / Ian Smith
Issue: 7966 / Categories: Features , Employment
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Employment law brief: 11 February 2022

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Ian Smith draws inner strength from a great statesman &  tackles the impenetrable conundrum that is unjust enrichment & quantum meruit
  • Quantum meruit not enforceable in an employment tribunal.
  • Worker definition—the professional or business undertaking element.
  • Definition of working time—meaning of ‘working time’.

Many years ago, in the early years of our then membership of what became the EU when EU law started to flow up the estuaries and into the rivers (per Lord Denning), your humble author attended a conference to introduce English lawyers into the mysteries of this new legal regime. One of the speakers was the president of the European Court of Justice (ECJ) who was giving a lecture on the novel concept of direct effect of directives and why they bound national governments which could not benefit from their own failure to transpose them. Perhaps due to baffled looks in the audience, this very learned judge tried a domestic analogy. He said: ‘It is like your own concept of estoppel,’ at which a hundred English lawyers’

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MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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