PLC Public Sector reports:
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Civil litigation: litigators will be interested in what appears to be the first authority on the application of Civil Procedure Rules 38.7, which deals with discontinuance of proceedings. On the basis that the claim which had been brought against the defendant arose out of substantially the same facts as a previous claim, which the claimants had chosen to discontinue, the High Court allowed the defendant’s application and struck out the claim. Although there was an analogy between the principles to be applied to a discontinuance application under CPR 38.7, and the court’s power to strike out an application for abuse of process under CPR 3.4(2)(b), under CPR 38.7 the onus was on the applicant to show that it should be given permission to bring a claim whereas under CPR 3.4 the onus was on the defendant to show that the new claim was an abuse of process.
Employment: local government employment lawyers advising on dismissal procedures should familiarise themselves with the EAT’s decision in Perry v Imperial College Healthcare NHS Trust, which is a useful reminder that:
- An employer who realises, during the course of an appeal against dismissal, that the original reason for dismissal can no longer stand should not simply attempt to salvage the decision to dismiss by confirming the dismissal on new grounds. Ideally, the procedure should be started afresh and the case considered with an open mind.
- An employee with two jobs for two different employers can be on sick leave, and in receipt of statutory sick pay, from one employer while continuing to perform their duties for the other employer.
FOI and data protection: the First-tier Tribunal (Information Rights) has upheld an Information Commissioner decision stating that Devon and Cornwall Constabulary was correct not to disclose information relating to which members of teaching staff at schools in the area had been cautioned, charged or convicted of offences under the Sexual Offences Act 2003 under the section 40(2) exemption of the Freedom of Information Act 2000.
Planning: planning lawyers should be aware that the Court of Appeal has upheld the High Court’s decision that a developer must pay financial contributions under a unilateral undertaking, which the Council was entitled in law to enforce.
Consultations: this week consultations have been launched on: