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27 January 2012 / Ian Smith
Issue: 7498 / Categories: Features , Damages , TUPE , Employment
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(In)decision time

Ian Smith pays tribute to some end of term judicial desk clearance

There was a considerable element of judicial desk clearance before the Christmas break, to such an extent that it has been difficult to choose the case law most meriting comment here. Pride of place must go to a Supreme Court decision on contractual liabilities on dismissal, which is of most note for what it did not decide. This case takes up most of this column, but it also contains briefer coverage of another much awaited Supreme Court case, this time on how statutory holidays apply to offshore workers (and possibly to others with unusual working patterns), and an important Court of Appeal decision on a tricky point of TUPE law, arising where there are contemporaneous administration proceedings (often in so-called “pre-pack” cases).

Edwards v Chesterfield

The decision of the Supreme Court in Edwards v Chesterfield Royal Hospital NHS Trust; Botham v Ministry of Defence [2011] UKSC 58, [2011] All ER (D) 101 (Dec) stops a potentially major extension of contractual

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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
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