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21 May 2012 / Ian Smith
Issue: 7514 / Categories: Features , Employment
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Toil & trouble

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Ian Smith provides a round-up of the latest employment law decisions

This last month has been the usual busy one, with the handing down by the Supreme Court of their judgments in the linked cases of Homer v Chief Constable of West Yorkshire Police [2012] UKSC 15, [2012] All ER (D) 122 (Apr) and Seldon v Clarkson Wright and Jakes [2012] UKSC 16, [2012] All ER (D) 121 (Apr) on deep issues on age discrimination and, at the other end of the scale (in so many ways), a quite fascinating Employment Appeal Tribunal (EAT) decision on the employment status of a lapdancer (Quashie v Stringfellows Restaurants [2012] UKEAT/0289/11). The two Supreme Court cases will be considered specifically in other articles in this magazine, and I will leave it up to individual readers of this column to take up the issue of lapdancers if that is their particular interest (always remembering, please, to preface any remarks with the accepted formula of “friends tell me...”). Instead, this column looks at four recent cases which,

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MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
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’
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