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29 June 2012 / Ian Smith
Issue: 7520 / Categories: Features , Employment
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Two wrongs...

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

Three Court of Appeal decisions are chosen for this month’s column and, as is so often the case in employment law, they could hardly be on more different subjects, though each is of considerable importance in its own sphere. The first concerns the common law doctrine of illegality, but in the special statutory context of discrimination claims where its application has always been subject to different rules. The second case seems to settle a loose end in relation to a problem that has arisen several times in recent years, namely whether an employee facing an internal disciplinary hearing can ever invoke rights under Art 6 of the European Convention, in particular a right to legal representation (which is deliberately omitted from the ACAS Code of Practice); the Supreme Court pronounced on this last year, but left undisturbed one particular Court of Appeal decision which, though on a slightly different point, was arguably out of line with the Supreme Court’s approach. It has now been

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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