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25 June 2010 / Ian Smith
Issue: 7423 / Categories: Features , Employment
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New rules for old?

Ian Smith reports on a case which could open up a pallet of worms

Every now and then when reading a case you start to feel, in the words of that great Irish jurist Terry Wogan, “Is it me?”. In other words, is it genuinely strange, or am I missing something?

The most positive thing to say about Edwards v Chesterfield Royal Hospital Trust [2010] EWCA Civ 571, [2010] All ER (D) 247 (May) is that permission is being sought to appeal to the Supreme Court; it is to be hoped that it will be granted because as it stands this decision could open up a veritable pallet of cans of worms, without it being too obvious on what basis.

To be fair, one problem was that the appeal took the form of an appeal against a striking out application (rather than a final judgment on the facts) which can often complicate matters and, moreover, it appears that the original grounds of appeal (on whether Art 6 of the European Convention on Human Rights could be used to reappraise certain longstanding limitations on

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

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Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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