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Employment law brief: 8 August 2019

08 August 2019 / Ian Smith
Issue: 7852 / Categories: Features , Employment
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Ian Smith gets serious before the publishing break with a fundamental review of the law
  • The Supreme Court in Tillman v Egon Zehnder Ltd [2019] UKSC 32 has reformulated the law on severance of unreasonable elements in clauses.

Unusually for this column (or, as a Dean of my old Law School used to refer to it, ‘Smith’s monthly rant’) this month it concentrates on just one case because it is of such importance and interest in revisiting an area (whether an invalid element in a restraint of trade clause in a contract of employment can be severed and the rest enforced) which has been untouched by the highest courts for decades. In doing so, the judgment overturns a 99-year-old leading authority with which we were all brought up. The case seems to be pro-employer in its result (relaxed rules on severance) but arguably the position is more nuanced than that. Moreover, not surprisingly given the fundamental nature of the rethink of the law here, there are aspects which will no

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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