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15 December 2011
Issue: 7494 / Categories: Case law , Law reports , In Court
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Employment—Remuneration—Paid holidays

Russell and others v Transocean International Resources Ltd and others [2011] UKSC 57, [2011] All ER (D) 53 (Dec)

Supreme Court, Lord Hope DP, Lord Brown, Lord Mance, Lord Kerr and Lord Wilson SCJJ

European Council Directive 2003/88/EC (the 2003 Directive) as implemented in domestic law by the Working Time Regulations 1998 (SI 1998/1833) (WTR 1998) does not require that the minimum weeks of annual leave a worker is entitled to under reg 13 are to be taken consecutively or that those weeks cannot be interrupted.

Thomas Linden QC and Peter Edwards (instructed by Thompsons Solicitors) for the employees. John Cavanagh QC and Sandy Kemp (instructed by Simpson & Marwick) for the employers.

The appellants were all employed to work in various capacities on offshore installations located in the United Kingdom Continental Shelf. With the exception of one appellant, the appellants were contracted to work on a pattern of two weeks offshore with a period of field break for two weeks onshore. The other appellant was contracted to work three weeks offshore followed

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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