Practical Law

Central government: those in local government should be aware that:

• The Cabinet Office has published the Government Digital Strategy and Digital Efficiency report, setting out its plans to provide more government services digitally.
• Government bodies are now required to comply with the Open Standards Principles, which encourage more competition, choice and innovation in the provision of IT services.

Civil litigation:  litigation lawyers should be aware that, from 5 November 2012, administrative claims can be heard at the Bristol Civil Justice Centre (with such applications being administered by the Administrative Court in Wales).

Education: education lawyers should note that the Education (Wales) Measure 2011 (Commencement No. 1) Order 2012 (SI 2012/2656) will come into force on 16 November 2012. The regulations set out how education bodies in Wales will be able to collaborate through the use of joint committees, as provided for under the Education (Wales) Measure 2011.

Employment: employment lawyers should note that the:

• Court of Appeal has upheld the EAT’s decision that there will be no service provision change, for the purposes of second generation outsourcing under regulation 3(1)(b)(ii) of TUPE 2006, where the activities carried out by different contractors before and after the change are not for the same client.
• EAT has overturned an employment tribunal’s decision and held that two claimants who settled their claims against the transferor respondent to a TUPE claim, could continue to pursue their claims against the transferees even where liability is joint and several.

Freedom of information: information lawyers will be interested in the First-tier Tribunal’s decision ordering the London Borough of Newham to provide partial disclosure of information requested by an unsuccessful bidder for a casino licence, since the public interest in disclosure outweighed the section 41 and 43 exemptions (actionable breach of confidence and trade secrets respectively). It should be noted however that the council remained entitled to withhold some of the confidential information under the section 41 exemption since the obligation of confidence requires confidential information to be withheld for a reasonable period of time after the licence was awarded.

Local government: local government lawyers should be aware that:

• The Local Government Finance Bill 2011-12 was given Royal Assent on 1 November 2012 and became the Local Government Finance Act 2012.
• The First-tier Tribunal has determined that, in respect of the provision of off-street parking, four local authorities were taxable persons so their supplies were standard-rated for VAT purposes. (The local authorities had argued that off-street parking was part of their traffic-management duties and they should not have paid VAT as traffic management is VAT-exempt.)
• Lord Heseltine’s review on economic growth has been published and includes various recommendations, including that all two-tier English local authorities outside London pursue unitary status.
• The Court of Appeal has rejected the county court’s finding that a PE teacher who was in charge of a golf lesson when a pupil sustained a facial injury caused by another pupil did not adequately or properly supervise the lesson and that he failed to exercise a reasonable standard of care. The Court of Appeal found that the staffing ratio of the class was appropriate and it was not reasonable to require closer supervision of the class given the age of the pupils, the fact they had received previous golf instruction and were generally well-behaved 

Property: property lawyers should note that the Land Registry has announced minor changes to over 50 of its forms but as these are minor the Land Registry will continue to accept older versions of the forms.

Regulation: Licensing authorities should note that the government has amended its guidance on the Licensing Act 2003 following changes made by the Live Music Act 2012 and the Police Reform and Social Responsibility Act 2011.

Consultations: this week consultations were published on:

• Revised guidance on school attendance.
• Proposed amendments to pupil information prescribed persons regulations.
• Proposals for a health special administration procedure for companies delivering NHS services.
• Changes to planning appeal procedures.

The Office of Fair Trading has also published its response to the Department for Business, Innovation and Skills July 2012 consultation on proposed changes to consumer rights.