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Article

No 5 Chambers | United Kingdom | 17 Jan 2013

The professional duties of financial advisers

I shall deal with only one category of financial adviser and will not attempt to deal with the myriad of individuals that may fall within the title…
Article

No 5 Chambers | United Kingdom | 4 Jan 2013

‘Elective’ theory triumphs in the Supreme Court

By a majority of 4 to1, in Societe Generale, London Branch v Geys the Supreme Court confirms that an employment contract, like any other contract, only…
Article

No 5 Chambers | United Kingdom | 28 Dec 2012

An uncommon yet continuing issue... compliance with the now repealed requirements of schedule 2 of the Employment Act 2002

The provisions of schedule 2 of the Employment Act 2002 are unlikely to be at the fore of many readers' minds but there do remain a handful of cases in…
Article

No 5 Chambers | United Kingdom | 28 Dec 2012

Restrictive covenants and promotions

In Patsystems v Neilly [2012] IRLR 979 the High Court rules that a statement in a letter to the effect that “I agree to the variation of my terms…which are…
Article

No 5 Chambers | United Kingdom | 28 Dec 2012

Is the UK government “the most family-friendly government in the world”?

This is the title that the Government is striving to achieve according to its Response to the Consultation on Modern Workplaces, released on 13 November…
Article

No 5 Chambers | United Kingdom | 28 Dec 2012

The EAT makes some observations about Article 6

Richard Adkinson considers the issue of dismissals and Article 6 which has recently been considered in the case of Ministry of Justice v Parry…
Article

No 5 Chambers | United Kingdom | 28 Dec 2012

The Agency Worker Regulations 2010: does service count?

The Agency Worker Regulations 2010 (‘the Regulations’) came into force on 1 October 2011 and complaints arising from those Regulations are beginning to…
Article

No 5 Chambers | United Kingdom | 28 Dec 2012

The domestic worker exemption in the National Minimum Wage Regulations 1999

There has recently been a charity-backed challenge to the domestic worker exemption contained in regulation 2(2) of the National Minimum Wage Regulations…
Article

No 5 Chambers | United Kingdom | 28 Dec 2012

A summary of Sheibani v Elan

Russell Holland looks at the recent case of Sheibani v Elan and the interplay between a fair hearing and illegality. In Sheibani v Elan & Co LLP…
Article

No 5 Chambers | United Kingdom | 28 Dec 2012

Should parties be allowed to choose the faith of their arbitrators?

When the parties in Jivraj v Hashwani [2010] EWCA Civ 712 included an arbitration clause in their joint venture agreement, it’s safe to say that neither…
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