PLC Public Sector reports:
Make sure that you have not missed a key development in your area of the law by reviewing our latest list of recommended actions.
Civil litigation: litigation lawyers are likely to be interested in the following developments:
- The High Court in Secretary of State for Business, Innovation & Skills v Potiwal has held that relitigation of an issue may be an abuse of process even in the absence of privity.
- Further delay is expected in the publication of the statutory instrument and making document effecting the Jackson reforms. These are now expected to be published by the second week of February 2013.
- A guide for self-represented litigants making applications to the Interim Applications Court of the Queen’s Bench Division of the High Court has been published by the judiciary of England and Wales.
Education: education lawyers should be aware that:
- Statutory guidance on alternative provision has been published.
- The DfE Governor’s Guide to the Law has been updated but will be replaced in spring 2013 with a concise handbook aimed at governors in maintained schools and Academies.
Employment: employment lawyers are likely to find the following EAT decisions of interest:
- MBA v Mayor and Burgesses of the London Borough of Merton, in which it held that requiring a Christian residential care worker to work on Sundays (as required by her employer’s requirement that all workers work some Sunday shifts) was objectively justified.
- Aderemi v London and South Eastern Railway Ltd, in which the EAT overturned an employment tribunal’s decision that a station assistant who was dismissed because his back pain prevented him from standing for prolonged periods of time was not disabled for the purposes of the Equality Act 2010. The EAT further held that standing for long periods of time could for the purposes of the Act amount to a “normal day-to-day activity”.
- Stuart v London City Airport, in which it held that in an unfair dismissal case involving alleged dishonest conduct, a higher threshold was required in relation to the reasonable investigation that should be undertaken by an employer prior to dismissal.
Environment: those involved in prosecuting environmental offences should be aware that the Environment Agency has conducted its biggest hazardous WEEE export prosecution, ordering those involved to pay over £220,000.
Health: local authority healthcare lawyers should note that the government has announced the creation of a ringfenced £5.45 billion budget for local authority public health services in order to help authorities to improve health outcomes.
Judicial review: all public authorities required to deal with claims for judicial review should note the latest decision on how the costs of claims that settle will be dealt with by the courts. In Re(Naureen and another) v Salford City Council, the Court of Appeal held that the actions of a third party not involved in a judicial review application could not be a basis for awarding costs to the claimants in the case and the key factor will be whether the authority has made any concession.
Property and planning: property and planning lawyers should note the following recent developments:
- The National Statistician has issued recommendations following the recent consultation on amendments to the method of calculating RPI.
- The government has announced that local authorities drawing up neighbourhood development plans will be allowed to keep 25% of the community infrastructure levy to use on local initiatives.
Public procurement: procurement lawyers should be aware that:
- The Brown review of the rail franchising programme has been published by the Department for Transport.
- The National Audit Office has expressed reservations about the government’s plans for delivering economic infrastructure, in particular the National Infrastructure Plan.
Social services: lawyers involved in cases involving determining “ordinary residence” should note the High Court decision in R(Cornwall Council) v Wiltshire Council and Others in which the court held that the Vale tests and government guidance used for establishing ordinary residence remained good law and should continue to be followed by local authorities.
Consultations: this week consultations were published on:
- A review of the Law Commission.
- Local authority responsibilities towards children looked after following remand.
- Planning practice guidance.
- Monitor’s draft enforcement guidance.
- Implementing the Mobile Homes Act 1983 on local authority gypsy and traveller sites in Wales.
- Draft revised regional aid guidelines 2014-20.
The ICO has responded to the recommendation on changes to the UK data protection regime set out in Lord Justice Leveson’s report.
The government has also responded to a consultation on simplifying applications for highway stopping up and diversion orders.