Practical Law

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 Supreme Court has:
  • considered the law in relation to misrepresentation in pre-contractual negotiations (Cramaso LLP v Viscount Reidhaven’s Trustees); and
  • published a guide on proceedings for litigants in person.
• The High Court has held that a failure to incorporate a full statement of truth in a Precedent H costs budget will not constitute a failure to file and exchange costs budgets under CPR 3.13 (The Bank of Ireland and another v Philip Pank Partnership).
• The Technology and Construction Court has ruled on a parties’ liability for costs following a contested adjudicator’s decision (Devon County Council v Celtic Bioenergy Ltd).
• A new Practice Direction on access to audio recordings of proceedings has been issued.
• Judges in all civil cases will be under a duty to report lawyers who have been made the subject of a wasted costs order to an approved regulator.

Education and social services:

• The DfE has published:
  • updated advice for schools on searching, screening and confiscating items from pupils; and
  • a consultation proposing to introduce regulations barring certain people from managing independent schools.
• The Court of Appeal has granted permission for a mother to appeal against a placement order as a result of procedural irregularities (Re C (A child)).
• The High Court has ruled on the standard of proof in care cases (Re D (A child)).
• The President of the Family Division has published his tenth view from the President’s Chambers.

Employment and pensions:

• The Enterprise and Regulatory Reform Act 2013 (Commencement No 5, Transitional Provisions and Savings) Order 2014 has been made.
• The statutory framework introducing mandatory Acas early conciliation in tribunal claims will become operational from 6 April 2014 and will be mandatory from 6 May 2014.
• The Court of Appeal has confirmed that common law principles apply when determining whether an individual is an agent for the purposes of discrimination legislation (Kemeh v Ministry of Defence).
• The EAT has held that:
  • an employee’s constructive unfair dismissal claim did not fall within the “exclusion zone” identified by the House of Lords in Johnson v Unisys Ltd and could therefore proceed (Gebremariam v Ethiopian Airlines Enterprise (t/a Ethiopian Airlines)); and
  • a tribunal was entitled to take into account a claimant’s mental illness when ordering a re-hearing (Crown Prosecution Service v Fraser).
• The ET has held that forcing a large number of police officers to compulsorily retire under rule A19 of the Police Pensions Regulations 1987 was unjustified age discrimination (Harrod v Chief Constable of West Midlands Police and others).
•  The DWP has confirmed that “protected persons” are safe from the statutory override contained in the Pensions Bill.

Environment:

• The Environmental Permitting (England and Wales) (Amendment) Regulations 2014 have been made.
• The government has published a review of the balance of competences between the UK and EU on environment and climate change.
• The Law Commission has published a final report on the control of invasive non-native species.

FOI and data protection:

• The FTT(IR) has made a request for a preliminary ruling from the ECJ in respect of charging for supplying environmental information (East Sussex County Council v Information Commissioner and Property Search Company and the Local Government Association).
• A handbook has been published on European data protection law.

Housing:

• Guidance has been published for social housing landlord on promoting mutual exchange.
• The HCA has published a consultation on charging fees for social housing regulation.

Local government:

• The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) (Amendment) Regulations 2014 have been made.
• The High Court has refused an application to conduct a statutory review of a local authority’s decision to make two experimental traffic regulation orders (Hamnett v Essex County Council).
• The WG has published a consultation on the implementation of the Local Government Byelaws (Wales) Act 2012.

Property and planning:

• The Court of Appeal has considered whether a tenant was prevented under its lease from removing heavy industrial plant it had installed (Peel Land and Property (Ports No 3) Ltd v TS Sheerness Steel Ltd).
• The Law Society has published new versions of the CON29R and CON29O enquiries.
• The Land Registry has updated Practice Guide 27.
• Ofwat has published a consultation on its draft determination on a dispute concerning the extent to which developers should be required to contribute towards the costs of strategic infrastructure.

Public procurement:

• The Cabinet Office has published an example advert and ITT wording regarding the new government security classification scheme.