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25 January 2013 / Ian Smith
Issue: 7545 / Categories: Features , Employment
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Rich pickings

Ian Smith reviews a recent key employment law decision

Employment law is all about protecting the helpless and disadvantaged—right? Well, to adapt Evelyn Waugh’s Scoop, “Up to a point, Lord Copper”. How about this for a festive pre-Christmas headline: “Banker, offered £7m on leaving employment, awarded £12m instead by our top court plus the right to sue for more, including damages for not being able to avoid as much tax on it as he was hoping to”? A real heart-cockles-warmer guaranteed to leave a nice glow in any reader. In a nutshell, that was the decision in Societe Generale, London Branch v Geys [2012] UKSC 63, [2012] All ER (D) 196 (Dec) handed down on 19 December. However, as is so often the case in employment law, what matters here in the longer term will be not the facts but the serious issues raised by them. Make no mistake, this is a genuinely important case on common law principles, even if there may be doubts (discussed below) as to how widespread its practical effects

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NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
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