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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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