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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

Clarke Willmott—Declan Goodwin & Elinor Owen

Clarke Willmott—Declan Goodwin & Elinor Owen

Corporate and commercial teams in Cardiff boosted by dual partner hire

Hill Dickinson—Joz Coetzer & Marc Naidoo

Hill Dickinson—Joz Coetzer & Marc Naidoo

London hires to lead UK launch of international finance team

Switalskis—11 promotions

Switalskis—11 promotions

Firm marks start of year with firmwide promotions round

NEWS
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
Artificial intelligence (AI) is rapidly transforming sport, from recruitment and training to officiating and fan engagement. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys at Law explains how AI now influences everything from injury prevention to tactical decisions, with clubs using tools such as ‘TacticAI’ to gain competitive edges
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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