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(In)decision time

27 January 2012 / Ian Smith
Issue: 7498 / Categories: Features , Damages , TUPE , Employment
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Ian Smith pays tribute to some end of term judicial desk clearance

There was a considerable element of judicial desk clearance before the Christmas break, to such an extent that it has been difficult to choose the case law most meriting comment here. Pride of place must go to a Supreme Court decision on contractual liabilities on dismissal, which is of most note for what it did not decide. This case takes up most of this column, but it also contains briefer coverage of another much awaited Supreme Court case, this time on how statutory holidays apply to offshore workers (and possibly to others with unusual working patterns), and an important Court of Appeal decision on a tricky point of TUPE law, arising where there are contemporaneous administration proceedings (often in so-called “pre-pack” cases).

Edwards v Chesterfield

The decision of the Supreme Court in Edwards v Chesterfield Royal Hospital NHS Trust; Botham v Ministry of Defence [2011] UKSC 58, [2011] All ER (D) 101 (Dec) stops a potentially major extension of contractual

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MOVERS & SHAKERS

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
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