REUTERS | Gary Hershorn

In brief for week ending 19 August 2015

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 Local Government email.

Adult social services:

Children’s services:

Civil litigation:

  • The Court of Appeal has established an “additional common law qualification or exception to the inviolable nature of legal professional privilege” in what it described as “likely to be an extremely narrow band of cases” (R v Brown).
  • The High Court has held that when exercising its discretion under CPR 44 on costs, there was no reason to deprive the successful claimants of their costs due to their stance in relation to mediation, and accordingly ordered the defendant to pay the claimants’ costs (Murray and another v Bernard).


  • BIS has updated its guidance on the Consumer Rights (Payment Surcharges) Regulations 2012, originally issued by BIS in March 2013. The new guidance follows on from a consultation carried out by BIS earlier in 2015.


  • The DfE has published updated statutory guidance on the constitution of governing bodies of maintained schools in England. The guidance is aimed at governing bodies of all maintained schools (including federations), local authorities, school leaders and school staff.
  • The Office of the Schools Adjudicator has published its determination that the governing body of a voluntary aided junior school reduced the school’s published admission number for the September 2016 intake without proper consultation.

Employment and pensions:


FOI and data protection:

  • The High Court has refused an application to order compliance with a subject access request, where it was not reasonable or proportionate for the data controller to carry out searches to determine whether legal professional privilege would apply to the information held (Dawson-Damer and others v Taylor Wessing LLP and others).


  • The CMA has published its provisional findings on the anticipated merger between Ashford and St Peter’s Hospitals NHS Foundation Trust and Royal Surrey County Hospital NHS Foundation Trust.


Property and planning:

Public procurement:

  • The Crown Commercial Service has published guidance on provisions in the Public Contracts Regulations 2015 that support market access for small businesses.
  • The European Commission has published a notice in the Official Journal announcing that it has received a request from ENI Portugal BV under Article 30 of Directive 2004/17 on procurement by utility companies.
Practical Law In brief

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