Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector e-mail.
Civil litigation:
- The Court of Appeal has held that an interested party is not entitled to the costs associated with a pre-action protocol letter or interim injunction proceedings (R (Cherkley Campaign Ltd) v Longshot Cherkley Court Ltd).
- The High Court has held that it was not open to a claimant to apply to strike out parts of a claim almost a year after directions had been given in preparation for a full trial of relevant issues and has also refused specific disclosure (Webb Resolutions Ltd v JV Ltd (t/a Shepherd Chartered Surveyors)).
- The Administrative Court has issued guidance on how it will approach applications for costs following settlement of judicial review claims where the parties cannot agree the issue of costs.
Commercial:
- The High Court held that nine months was a reasonable notice period to terminate a contract for the supply of children’s clothing (Hamsard 3147 Ltd (t/a Mini Mode Childrenswear) v Boots UK Ltd).
Education and children’s services:
- The High Court has permitted the parents of a ward of court to speak to the media under pseudonyms in order to raise awareness of the disorder that their daughter suffers from (Re K (A Child: Wardship: Publicity) (No 2)).
- The Court of Protection has allowed a challenge against a Deprivation of Liberty Standard Authorisation under the Mental Capacity Act 2005, allowing a patient to be removed from a care home and cared for at home with the benefit of a domiciliary care package (Re M (Best Interests: Deprivation of Liberty)).
- The Department for Education has published statutory guidance on the assessment and reporting requirements for the early years foundation stage.
- The Welsh Government has published a consultation on proposed guidance on the risk assessment of walked routes to school.
Employment and pensions:
- The Court of Appeal has held that the employees of an insolvent football club dismissed by its administrator before the business was sold did not amount to an automatically unfair dismissal under TUPE 2006 (Crystal Palace FC Ltd and another v Kavanagh and others).
- The Pensions Ombudsman has held that a certifying doctor in an LGPS application who was employed by a provider of occupational health services was not an independent medical practitioner as set out in the Local Government Pension Scheme (Administration) Regulations 2008 (Kelly (PO-678)).
- The Department for Education has published a “new Fair Deal” participation agreement alongside its consultation on implementing the Fair Deal and other changes to the Teacher’s Pensions Scheme.
FOI and data protection:
- The First-tier Tribunal (Information Rights) has held that the CPS did not need to confirm or deny whether it held any information about police officers’ own past criminal convictions as disclosure would breach the Data Protection Principles (Benjamin Gaule v Information Commissioner).
- The Scottish Government has announced that it will be introducing an order to reduce the time at which a record becomes “historical” from 30 to 15 years.
Health:
- The Health and Social Care Act 2012 (Commencement No 6) Order 2013 has been made, bringing into force provisions of the Act which relate to Monitor’s regulatory functions on the licensing of health service providers and the prices payable by commissioners for NHS services.
- The NHS Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2013 have been laid.
- The High Court has held that the Secretary of State had correctly determined which local authority was responsible for funding the continuing care of a brain-damaged man based on where he was “ordinarily resident” (Neath and Port Talbot Council v Secretary of State for Health).
Housing:
- The Housing (Wales) Bill has been introduced to the Welsh Assembly.
- The Court of Appeal has dismissed an appeal against a county court ruling that Leicester City Council acted unlawfully in a housing allocations case (Leicester City Council v Shearer).
- A new Practice Direction has been published on case management in right to buy claims involving solicitor negligence.
Local government:
- The draft Legislative Reform (Payments by Parish Councils, Community Councils and Charter Trustees) Order 2013 has been published.
- The First-tier Tribunal has dismissed an appeal against the listing of a pub by the London Borough of Hackney (Patel v London Borough of Hackney and another).
- A consultation has been published on the Community Empowerment (Scotland) Bill.
Property and planning:
- Several orders have been published, ending the Secretary of State’s power to intervene in local development orders prior to adoption.
- The High Court has held that structural concerns about a development had been properly addressed through building controls (R (Hayden) v Erewash Borough Council and another).
- The government has published amendments to Part L of the Building Regulations.
- RICS has published a consultation a note on boundaries guidance.
- The Environment Agency has updated its guidance for those owning land adjacent to or crossed by watercourses.
- The government has announced that developers seeking planning permission for onshore wind development in England must consult with the local community before submitting a formal planning application.
Public procurement:
- The ECJ has:
- The High Court has dismissed an application for judicial review of a Legal Services Commission decision to reject a tender for the second time.
Regulation and enforcement:
- The Consumer Protection Partnership has published its priority areas for action.