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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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