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04 December 2008
Issue: 7348 / Categories: Legal News , Company , Terms&conditions , Employment , Commercial
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News in brief

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

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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