An in-house lawyer cannot rely on a leaked email or overheard conversation in a pub to support his employment claim, the Court of Appeal has ruled.In Curless v Shell International Ltd, judges upheld an appeal by the oil giant which argued it was entitled to claim legal advice privilege on two paragraphs of a claim by its former senior legal counsel Michael Curless. The court said Shell was not acting unfairly and so the paragraphs did not meet the so-called ‘iniquity principle’, which would make them admissible.The lawyer was employed by Shell from 1990 until his dismissal allegedly for redundancy in January 2017. Curless, who suffers from type 2 diabetes and breathing problems, alleges disability discrimination, victimisation and unfair dismissal. Shell denies all allegations.The two paragraphs under scrutiny relate to an overheard conversation in the Old Bank of England pub on Fleet St and an email exchange between two of Curless’ seniors. Both happened before his employment ended. Employment tribunal Judge Tsamados said the paragraphs should be struck out as Shell was entitled to claim legal advice privilege: Mrs Justice Slade in the Employment Appeal Tribunal allowed Curless’s appeal and set aside that decision.Curless explained in his claim he had been in the pub when two people, who he believed to have been lawyers from London firm Lewis Silkin, mentioned a senior lawyer at Shell who had started an employment tribunal claim. They were, submitted Curless, heard saying this individual’s ‘days are numbered’.Curless said he then learned that Shell’s managing counsel had emailed his line manager’s boss to say the company planned to re-organise the in-house legal department to terminate Curless’s employment. This, said the claimant, indicated the redundancy process was a ‘sham’.Shell submitted that the email was a standard piece of advice from lawyers dealing with redundancy and was headed ‘legally privileged and confidential’. The employment tribunal had accepted the advice was aimed at avoiding rather than evading possible legal action, and accepted that the case for an iniquity exception, which might waive privilege, had not been made out.In a joint judgment, Master of the Rolls Sir Terence Etherton, Lord Justice Lewison and Lord Justice Bean, agreed the email was the sort of advice which employment lawyers give ‘day in, day out’ and was not an indication of Shell lawyers acting in an underhand way.The judges said the overheard conversation was relied upon only as an aid to interpreting the disputed email, and so was also not admissible. The claim will now go ahead without the non-admissible elements.
Share Tweet Share 32 Views no discussions Carlos Végh (Photo: National Bureau of Economic Research)WASHINGTON, United States (Jamaica Observer) — Uruguayan Carlos Végh is the new World Bank chief economist for Latin America and the Caribbean.Végh will oversee a team of economists charged with providing intellectual leadership, economic analysis, and advice on the development issues facing Latin America and the Caribbean (LAC) Region.The announcement was made by the World Bank on Thursday. Végh replaces Ecuadorean economist Augusto de la Torre, who served as chief economist for LAC since September 2008 and retired at the end of last year.“It is a great honour to take this position and build on the intellectual leadership of my predecessors,” said Végh. “Despite significant economic and social progress in recent years, the region is likely to face some challenging times in the near future. In the long run, LAC will need to consolidate past gains and strive for further improvements in a broad range of areas. I look forward to contributing to this process.”Végh, who will start in his new role on February 1, is currently the Fred H Sanderson professor of International Economics at the Johns Hopkins School of Advanced International Studies (SAIS) and a research associate at the National Bureau of Economic Research (NBER). Previously he also served as professor of economics and vice-chair of undergraduate studies at University of California, Los Angeles (UCLA), and before that as chair of the Program in Comparative and Topical Studies at UCLA’s Latin American Center.Végh’s research on monetary and fiscal policy in emerging and developing countries has been highly influential and is regularly featured in the international financial press. He has contributed to several World Bank reports such as the Global Economic Prospects.He has also served as visiting scholar in Banco Central de Chile, Colombia’s Banco de la República and Banco de México. During the 1980s and 1990s Végh served in different research positions at the International Monetary Fund and the Inter-American Development Bank in Washington DC.He is currently editor in chief of Economía, a publication of the Latin American and Caribbean Economic Association. He has also held other editorial positions in specialised publications such as the IMF Economic Review, the Journal of Development Economics and the Journal of International Economics, among others.He holds a doctorate degree on economics from the University of Chicago and bachelor’s degree on economics from American University in Washington DC and Universidad de la República in Uruguay. BusinessNewsRegional New World Bank chief economist for Latin America, Caribbean by: Jamaica Observer – January 13, 2017 Sharing is caring! Share
Last year, Excelsior walked away with top honours at the inaugural Americas Federation of Netball Associations (AFNA) tournament, which was held on local soil, after getting the better of Holmwood Technical 46-27.At this year’s staging, Gaynstead, the country only representative at the championships, which was held in St Maarten, following the withdrawal of Denbigh, made it two wins from two attempts for Jamaican teams, after a 37-21 win over Christchurch from Barbados.This year, Excelsior will by joined by Holmwood as the country’s representatives at the tournament after their recent ISSA Senior All-Island final, which Holmwood won 40-36 to avenge their 2017 defeat.Both coaches, Carline Graham-Powell of Holmwood and Christopher Smart of Excelsior, are already looking forward to the regional tournament, scheduled for next summer, as they hope to continue the Jamaican dominance.The Christiana-based Holmwood contingent will be determined to turn the tables this time around on their compatriots, and in their line-up will be at least three players, who were part of their second-place finishing team from two years ago.“The girls had been talking about this tournament before the Rural finals and this was really a big motivation factor on their success this season,” said Graham-Powell. “We will be taking a break from training for the rest of the year, while myself and the management staff put plans in place for this tournament.”The coach is confident that her team will take home the title this time around.“Now after playing against Excelsior in the All-Island final, we had a feel of them and now know what they have to offer and we will be working out on what we have to do to go all the way,” she said.For the 2017 champions Excelsior, it will be a brand new team which will be aiming for their second AFNA title. MORE CHALLENGING “We did not bring home the All-Island title this time around, but I am still proud of my girls, because they defied the odds and reached the final and are now motivated to try and regain our title. I know this time it will be more challenging as we are not looking on Holmwood alone who are our main challengers, but also on other Caribbean teams,” said Smart.Like his Holmwood counterpart, Smart stated that his team will be taking a break.“The girls will be taking a break for the rest of the year as we have some six months to go. It is an expensive trip, so I will sit down with my management team to plan on how we are going to realise the funds to make it possible,” Smart stated.