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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: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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