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Sunshine & showers

Ian Smith signs off for the summer with a whiff of controversy & a judicial blast

It is said that there is no peace for the wicked, and that seems to include employment lawyers. We do not seem to be about to have much rest to enjoy this Olympian summer of ours. Just as we have been trying to come to terms with the meaning of Seldon’s case on the legality of retaining a compulsory retirement age (the answer being, in homely terms, “Don’t even think about it, sunshine”) the Court of Justice of the European Union in Hornfeldt v Posten Middelande: C-141/11 have given the green light to a Swedish law allowing just that, although it is arguable that the key to it was the setting by law of a higher age than 65 (in fact 67) and so it contained goodies for employees as well as relief for employers. However, as is always the case in employment law, if 10 lawyers get together to consider this case and how it

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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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