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22 October 2009 / Ian Smith
Issue: 7390 / Categories: Features , Employment
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High days & pay-offs

Ian Smith celebrates the highs & lows of recent tribunal decisions

In a month notable for the high-profile rejection of the “Heyday” challenge to the default retirement age of 65, but in a way that strongly suggested that it will need to be removed when the government carries out its promised review of it (now to be in 2010 rather than 2011 as originally indicated) and for the equally newsworthy decision of the European Court of Justice (ECJ) that an employee who is sick while taking holiday can ask for the holiday to be rescheduled, the cases considered here are at the opposite end of the employment law spectrum where there is no obvious news and/or political interest, but where pronouncements on points of common law or statutory interpretation can have just as great an effect on the longer-term development of the law.

Ultra vires contracts

While it has always been clear that employment under an illegal contract is potentially void, destroying any rights, what is the position where the contract is ultra

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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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