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24 June 2022
Issue: 7984 / Categories: Case law , In Court , Law digest
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Law digests: 24 June 2022

Employment

R (on the application of British Medical Association and another) v Secretary of State for Defence [2022] EWHC 1262 (Admin), [2022] All ER (D) 27 (Jun)

The Administrative Court dismissed the British Medical Association’s claim for judicial review of the defendant Secretary of State’s decision to direct the government not to commence or fully implement s 192 of the Employment Rights Act 1996 which, if implemented in full, would have enabled service personnel to bring Employment Tribunal (ET) claims for causes of action including unfair dismissal. The court held that: (i) the defendant had fulfilled his duty to consider the commencement of s 192 ‘from time to time’ which, as recognised in R v Home Secretary ex p Fire Brigades Union [1995] 2 All ER 244, had merely required him to decide at intervals when the question should next be considered; (ii) the defendant, as an Army officer in the 1990s, had not made a material factual error, namely, that the service complaints system (SC), and the possibility of an Order

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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