header-logo header-logo

27 January 2012 / Ian Smith
Issue: 7498 / Categories: Features , Damages , TUPE , Employment
printer mail-detail

(In)decision time

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll