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30 October 2015
Issue: 7674 / Categories: Case law , Law digest , In Court
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Redundancy

United States of America v Nolan [2015] UKSC 63, [2015] All ER (D) 183 (Oct)

The respondent employee had successfully issued proceedings in the UK seeking a protective award after she had been made redundant the day after the closure of the appellant US’s military base in the UK. The Supreme Court dismissed the US’s appeal, ruling, among other things, that amendments to the Trade Union and Labour Relations (Consolidation) Act 1992 by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995 (SI 1995/2587), which required employee representatives to be designated for consultation purposes in all situations covered by the Act, were not ultra vires. Directive (EC) 98/59 left it open to member states to apply or introduce even more favourable laws, regulations or administrative provisions than those it required.

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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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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’
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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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