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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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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