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20 June 2013 / Ian Smith
Issue: 7565 / Categories: Features , Employment
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Ever increasing circles

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Ian Smith reports on the secular, spiritual & circular nature of employment law

We have been graced this last month with two decisions by the Supreme Court on employment matters. Both concerned relatively esoteric areas of the law, but ones in which decisions at the highest level are welcome.

Church matters

Employment law sometimes seems to develop in large, lazy circles. The direction of that development in relation to the legal status of religious ministers has in recent years been towards the extension of employment status, in spite of a couple of older authorities pointing away from such status which looked increasingly anomalous (though not actually reversed). The decision of the Supreme Court (by a 4-1 majority) in President of the Methodist Conference v Preston [2013] UKSC 29 has now reversed that direction and taken us back to what originally appeared to be the case, namely that: (i) there is no rule against employment status for a minister; (ii) there is no presumption against it; but (iii) likewise it is impossible to generalise and it will all depend on the facts and arrangements

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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

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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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