THIS ISSUE

Issue: Vol 162, Issue 7537

08 November 2012

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IN THIS ISSUE

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Colin Munro examines how we arrived at the referendum stage in Scotland and where we go after the vote

Would an independent Scotland automatically be a member state of the EU? Marc Weller investigates

Jonathan Herring discusses the nature of child welfare

How far does the law protect employees from sexual harassment, ask Chris Bryden & Michael Salter

Are motorcyclists adrenalin junkies or vulnerable road users? Karen O’Sullivan examines the approach of the courts

The latest on PI damages & the interview of a lifetime

Courts continue to wrestle with the thorny issue of contract construction, as Ian Pease reports

Turville Heath Inc v Chartis Insurance UK Ltd [2012] EWHC 3019 (TCC), [2012] All ER (D) 10 (Nov)

Abercrombie & others v Aga Rangemaster Ltd UKEAT/0099/12/SM, [2012] All ER (D) 334 (Oct)

Farrar v Chief Constable of North Yorkshire Police UKEAT/0528/11/RN, [2012] All ER (D) 342 (Oct)

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MOVERS & SHAKERS

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London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

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 162, Issue 7537

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

Kingsley Napley—Kirsty Churm & Olivia Stiles

Foot Anstey—five promotions