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 High Court has considered applications under CPR 31.14 for disclosure of documents referred to in a witness statement (WM Morrison Supermarkets plc and others v Mastercard and others).
- The High Court has held that Bedfordshire Police Constabulary did not have the power to bring contempt of court proceedings for alleged breaches of forced marriage legislation (Bedfordshire Police Constabulary v RU and another).
- A draft e-disclosure protocol, timeline and guidelines for the protocol’s use in the Technology and Construction Court have been published.
- A new edition of the Senior Courts Costs Office Guide has been published.
Education and children’s services:
- The Court of Appeal has allowed an appeal by the Press Association and lifted a restriction on reporting a criminal case concerning a minor (R v Jolleys).
- The DCLG has published a consultation on pooling arrangements for Academies within the Local Government Pension Scheme.
- The DfE has published a consultation on a draft code of practice on special educational needs, associated draft regulations and transitional arrangements.
Employment and pensions:
- The ECJ has held that age-related defined contribution pensions contributions can be objectively justified provided the difference in treatment is appropriate and necessary to achieve a legitimate aim (HK Danmark v Experian A/S).
- The ECJ has held that a Danish law excluding civil servants over the age of 65 from a pay protection scheme could not be objectively justified (Dansk Jurist-og Okonomforbund v Indenrigs- og Sundhedsministeriet).
- Advocate General Wahl has stated that in his opinion an intended mother who had her baby through a surrogacy arrangement was not entitled to maternity leave and had not been discriminated against.
- The EAT considered the meaning of the words “subjected to” in section 47B of the Employment Rights Act 1996 in relation to liability in a whistleblowing claim brought by a GP (Abertawe Bro Morgannwg University Health Board v Ferguson).
Environment:
- Ofwat has published its final decision in relation to an appeal against a lateral drain being adopted.
- HMRC has published a consultation on further draft guidance on which materials qualify for the lower rate of landfill tax.
FOI and data protection:
- New guidance has been published by the ICO on the time limit for responding under FOIA and the Environmental Information Regulations 2004.
Housing:
- The DCLG has published a consultation on proposals to protect local authority leaseholders from unreasonable service charges.
Human rights:
- The Equality and Human Rights Commission has published a report on older people and human rights in home care.
- The High Court of Justice in Northern Ireland has held that the retention of an applicant’s care records for 75 years was lawful and not a breach of her rights under Article 8 of the European Convention on Human Rights (JR60, Re Judicial Review).
Property and planning:
- The Town and Country Planning (General Permitted Development) (Amendment) (England) (No 4) Order 2013 has been made and came into force on 1 October 2013.
- The High Court has confirmed that it has inherent jurisdiction to order vacation of notices on a property’s registered title (Waghorn and another v Waghorn and others (unreported)).
- A new version of CON29DW came into force on 1 October 2013.
- The DCLG has published guidance on planning and related appeals and the award of costs.
- The Land Registry has updated Practice Guides 1 and 66.
Public procurement:
- The High Court has granted an injunction preventing the award of a contract by Merseyside Waste Disposal Authority (Covanta Energy Ltd v Merseyside Waste Disposal Authority).
Regulation and enforcement:
- The Environment Agency has ordered Thames Water to pay compensation following a sewage flooding incident in 2003.
- Draft guidance has been published on anti-social behaviour powers and on tackling irresponsible dog ownership.