REUTERS | Mick Tsikas

In brief for week ending 22 April 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 Public Sector email.

Civil litigation:

  • The High Court has refused a defendant’s application for him to revisit a judgment on a strike out. The application was made about three hours after the judgment was handed down (Heron Bros Ltd v Central Bedfordshire Council (No 2)).
  • The Master of the Rolls has issued a statement confirming that guideline hourly rates will remain at their existing levels, as originally set in 2010.


  • The High Court has refused to imply a term of good faith in a loan note instrument. In the context of a right to amend a loan note, there was no justification for implying a term of good faith into the instrument where the overall documentation was extensive and detailed (Myers v Kestrel Acquisitions).

Education and children’s services:

Employment and pensions:


FOI and data protection:

  • The Advocate General has given her opinion on search form questions and charging under the Environmental Information Regulations following a referral from the First-tier Tribunal (Information Rights) (Opinion of Advocate General Sharpston).
  • The ECJ has issued a preliminary ruling concerning the application of Regulation 2252/2004 on standards for security features and biometrics in passports and travel documents issued by member states (Willems and others v Burgemeester van Nuth and others).

Local government:

  • The High Court has:
    • ruled on when authorities will be responsible for conducting “children in need” assessments under section 17 of the Children Act 1989 and for housing homeless children and families under the Housing Act 1996 (R(AM) v The London Borough of Havering and others); and
    • dismissed a challenge to a council’s decision to increase parking charges. The claimant had alleged that the primary purpose of the increase was to raise revenue, contrary to the Road Traffic Regulation Act 1984 (Chaumeton v The London Borough of Camden).
  • The Welsh Government’s National Assets Working Group has published a best practice guide to community asset transfers in Wales.

Public procurement:

Practical Law In brief

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