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News in brief

04 December 2008
Issue: 7348 / Categories: Legal News , Company , Terms&conditions , Employment , Commercial
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Tip service; Special treatment claim rejected; Legal aid ocsars 2008

Tip service

The government is proposing changes to minimum wage  legislation to ensure that tips given by workers to customers can never count towards the payment of national minimum wage (nmw). Currently tips given directly to workers cannot count towards nmw payment, but those which they receive through cover charges, for example, and therefore via the payroll can count towards nmw pay.

Special treatment claim rejected
Creditors seeking to use the courts for special treatment to hear their claims are likely to be deterred following a High court ruling. Four investment funds had their application for additional information on the status of securities held by failed bank Lehman Brothers International (Europe) dismissed Mr Justice Blackburn. The funds sought reassurance that an agreement to transfer funds lodged withthe bank’s US arm to a third party bank made with three days prior to it going into administration was in place. The administrators argued they should not be required to spend a disproportionate amount of time dealing with the request which amounted to one party seeking special treatment. The High Court ruled that the administrators had to put the needs of all the creditors above those of individuals.

Legal aid oscars 2008

The sixth annual legal aid lawyer of the year awards took place this week. Tony Edwards won the award for Outstanding Achievement, presented by Cherie Booth QC. Edwards singled out “results” as the most satisfying part of his work. The winner of the Mental Health Lawyeraward was Julie Burton.

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
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