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05 March 2009
Issue: 7359 / Categories: Case law , Law digest
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Employment law

Szilagyi v Protectacoat Firthglow Ltd [2009] EWCA Civ 98, [2009] All ER (D) 208 (Feb)

If the evidence establishes that the true relationship was, and was intended to be, different from what is described in the relevant document, then it is that relationship and not the document which defines the contract. In a case involving a written contract, the tribunal will ordinarily regard the documents as the starting point and will ask itself what legal rights and obligations the written agreement creates. But it may then have to ask whether the parties ever realistically intended or envisaged that its terms, particularly the essential terms (ie those terms which are central to the nature of the relationship, namely mutuality of obligation and the obligation of personal performance of the work), would be carried out as written.

Issue: 7359 / Categories: Case law , Law digest
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MOVERS & SHAKERS

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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