Practical Law

Civil litigation: litigation lawyers will be interested in:

• The Court of Appeal decision in Durham County Council v Dunn, in which it highlighted the need to ensure that when considering disclosure applications, it is made clear whether the obligation to disclose arises under the Data Protection Act 1998 or the Civil Procedure Rules.
• The approval by the Lord Chancellor of amendments to the Bar’s code of conduct to allow employed barristers to conduct litigation provided they comply with the Employed Barristers (Conduct of Litigation) Rules.

Education: education lawyers should note the following recent developments:

• A dismissal by the High Court in British Humanist Association and another v London Borough of Richmond Upon Thames and others of a claim against the London Borough of Richmond upon Thames’s decision to support a proposal by the Roman Catholic Diocese of Westminster to establish two voluntary aided schools in its area.
• The publication of advice for schools on health and safety.
• The publication of non-statutory advice on automated biometric recognition systems.
• The advice published for schools on how to deal with the NUT and NASUWT’s “work to rule” industrial action.

Employment: employment lawyers should be aware of the recent:

• Supreme Court decision in X v Mid Sussex Citizens Advice Bureau and others, in which the court confirmed that a volunteer with no contract has no protection under discrimination law.
• Court of Appeal decision in Haq and others v Audit Commission, in which the court held that a pay protection arrangement can be objectively justified under equal pay law.

FOI: information lawyers should note the publication of two sets of regulations which will reduce the length of time before which government records can be made available to the public from 30 years to 20. The regulations will come into force on 1 January 2013.

Healthcare: the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012 have been laid before Parliament. Among other things, the regulations specify which local authority functions will be the responsibility of directors of public health.

Human rights: lawyers interested in human rights are likely to be interested in the report published by the Commission on a Bill of Rights.

Planning: planning lawyers should be aware that the London Thames Gateway Development Corporation (Transfer of Property, Rights and Liabilities) (Greater London Authority) (No. 2) Order 2012 will come into force on 22 January 2013, transferring all property, rights and liabilities of the London Thames Gateway Development Corporation to the Greater London Authority.

Also of note is the government’s announcement that proposed changes to Part L of Schedule 1 to the Building Regulations 2010 which would require homeowners to carry out additional energy efficiency improvements (“consequential improvements”) when carrying out certain other works have been dropped.

Public procurement: procurement lawyers should note the following recent procurement-related developments:

• The Committee of the Regions has published its opinion of the European Commission’s proposals for new procurement and utilities directives. The Internal Market Committee has also voted to adopt a draft report on the proposals in relation to a new procurement directive.
• The High Court in AJ and another v Calderdale Primary Care Trust, has confirmed that service users or their carers can sit on evaluation panels for tenders.
• The General Court has annulled a procurement decision in relation to the European Food Safety Authority.

Consultations: this week consultations were published on:

• Raising credit unions’ maximum interest cap.
• Reforming judicial review.
• Guidance on schools missing education.
• Extending the range of regulations covered by the Primary Authority Scheme.
• Abolishing noise abatement zones.
• A subject access code of practice.
• Simplified guidance on the Habitats and Wild Birds Directives.

The government has also published responses to its consultations on:

• Changes to the collective redundancy rules
• Local authority health scrutiny.