THIS ISSUE

Issue: Vol 164, Issue 7633

05 December 2014

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IN THIS ISSUE

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Human rights have been a popular talking point in recent times, says Roger Smith

Reasonable adjustments could play a diminishing role in capability dismissal claims, says Charles Pigott

The Supreme Court has provided important guidance on the illegality defence, as Jack Harris reports

Nicholas Dobson reports on a Supreme Court ruling on terminating a joint tenancy

Can you make time of the essence if a contract is silent on the point, asks John Sharples

R (on the application of Barclay and another) v Secretary of State for Justice and others (Attorney General of Jersey and the States of Guernsey intervening) [2014] UKSC 54, [2014] All ER (D) 258 (Oct)

McDonald (deceased) v National Grid Electricity Transmission plc [2014] UKSC 53, [2014] All ER (D) 257 (Oct)

Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52, [2014] All ER (D) 251 (Oct)

Re X and others (Deprivation of Liberty) (Number 2) [2014] EWCOP 37, [2014] All ER (D) 224 (Oct)

Sugar Hut Group and others v A J Insurance [2014] EWHC 3352 (Comm), [2014] All ER (D) 233 (Oct)

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MOVERS & SHAKERS

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Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS

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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders

Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners

NLJ this week: What counts as ‘rent’? Court says labour alone won’t do

A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent

NLJ this week: Freed but failed—justice system leaves the innocent empty-handed

Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’

NLJ this week: Clarity on whistleblowing, settlements and tribunal limits

A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’

NLJ this week: Family law urged to ditch adversarial instincts

Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients

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Issue: Vol 164, Issue 7633

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Ward Hadaway—Matthew Morton

Thomson Hayton Winkley—Nina Hood