THIS ISSUE
In recent years, the court have ‘displayed more willingness’ to recognise the concept of a duty of good faith in contractual disputes, Abdulali Jiwaji, partner at Signature Litigation, writes in this week’s NLJ. The Supreme Court’s ruling in Braganza has also influenced contractual interpretation, requiring discretionary decisions under contracts to be rational, honest and not arbitrary
Ian Smith chews over a bad apple, part-time status, missing appeal documents & whistleblowing detriments
Amy Woolfson analyses the legal position of healthcare professionals who take part in climate activism
Is there such a thing as a ‘bad apple’ principle in employment law? In this week’s NLJ, Ian Smith, barrister, emeritus professor of employment law at the Norwich Law School, UEA, covers four recent, important cases of value for practitioners
Wording of a deadline; a new type of law firm; the route to an intermediary; small claim: big loss.
Doctors with placards—what is the law? In this week’s NLJ, barrister Amy Woolfson, of 5 St Andrew’s Hill, analyses the legal position where healthcare professionals take part in climate activism
Trans rights in the aftermath of the recent Supreme Court judgment is a complex and sensitive area. In this week’s NLJ, Dr Graham Zellick KC, emeritus professor of law and former vice-chancellor of the University of London, reflects on the Supreme Court’s decision in For Women Scotland, the wider societal context behind the decision and the limited powers of the Gender Recognition Act 2004, under which gender recognition certificates are issued
The collapsing criminal justice system might return proportionality to health & safety enforcement decisions, argue Tom McNeill & Olivia Dwan
What impact will artificial intelligence (AI) have on our jobs? How will it shape the delivery of legal services? In this week’s NLJ, Bernadette Bulacan, chief evangelist, Icertis, writes that ‘the legal industry stands at a pivotal moment for transformation’ as gen AI, autonomous agents and large language models begin ‘reshaping how legal teams operate'
MOVERS & SHAKERS
Red Lion Chambers—Maurice MacSweeney
Set creates new client and business development role amid growth
Kingsley Napley—Tim Lowles
Sports disputes practice launchedwith partner appointment
mfg Solicitors—Tom Evans
Tax and succession planning offering expands with returning partner
NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
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