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14 February 2014
Issue: 7594 / Categories: Case law , Law digest , In Court
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Employment

United States of America v Nolan [2014] EWCA Civ 71, [2014] All ER (D) 36 (Feb)

In proceedings concerning an employee of a US military base in the UK, the employer argued that the provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 did not apply to the case of workers employed by any public administrative body and establishment governed by public law (PAB) within the meaning of Art 1.2 of Council Directive (EC) 98/59 (on the approximation of the laws of the member states relating to collective redundancies). The court held that, in transposing the Directive into domestic legislation, the draftsman had made what had to have been a deliberate choice not to reproduce in terms the general exclusion contained in the Directive for PAB workers. Instead, an exclusion had been made for “Crown employment”. It was clear that the concept of a PAB in Community law was wider than Crown employment. That had to have been apparent to the draftsman and there was no warrant for assuming that he nonetheless had intended, but incompetently failed, to provide for an exclusion which had precisely corresponded

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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