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27 January 2012 / Ian Smith
Issue: 7498 / Categories: Features , Damages , TUPE , Employment
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(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

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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