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14 October 2022
Issue: 7998 / Categories: Case law , In Court , Law digest
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Law Digests: 14 October 2022

Employment

108 Medical Ltd v Millar [2022] EWHC 2303 (KB), [2022] All ER (D) 04 (Oct)

The King’s Bench Division held that the claimant company had proved that the defendant (an accountant and former employee of the claimant) had made, and received, sums of money from the claimant that had exceeded those that he had been contractually entitled to. The defendant had argued that the relevant payments had either all been accounted for by means of salary sacrifice, and/or that they had been separately agreed with the then majority shareholder and ‘guiding force’ of the claimant, without any change to the defendant’s contract of employment or any other memoranda or paperwork being created regarding the same. The court ruled that: (i) the defendant’s remuneration package was as set out in his contract of employment; (ii) the court had not been taken to any documentary evidence to demonstrate that that contract had ever been varied; (iii) on the facts, the tort of conversion was complete and the defendant was liable to repay the

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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