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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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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