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NLJ this week: Rubenstein’s revolution, summary dismissal, off-piste issues & ‘worker’ contracts

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In days gone by, judges wrote shorter judgments, barrister Ian Smith, emeritus professor of employment law at the Norwich Law School, UEA, writes in his latest employment law update for NLJ. Surely, they can’t have more time on their hands now?

He expresses his admiration, also, for Michael Rubenstein, editor of the Industrial Relations Law Reports, who received a lifetime contribution award at the LexisNexis Legal Awards last month. ‘Not only did Michael revolutionise the coverage of employment cases, but he also developed a radically new and reader-friendly format, which we now take for granted,’ he writes.

Smith covers the latest tranche of important cases, including two Court of Appeal cases, one on cases of summary dismissal in unfair dismissal law, and the other on the extent to which parties in an employment tribunal case should be kept to an agreed list of issues. Thirdly, he covers a case on the importance of a direct contract in the definition of ‘worker’. 

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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