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: litigators should be aware of the following recent decisions:
- The High Court has ruled on what will constitute inadmissible opinion evidence (Rogers and another v Hoyle).
- A county court has ruled on the meaning of the phrase “the trial has started” in CPR 36.9(3)(d) (Wilson v Ministry of Defence).
Education and children’s services: education lawyers and lawyers working in children’s services should note that the:
- Education (Individual Pupil Information) (Prescribed Persons) (England) (Amendment) Regulations 2013 have been made, adding additional bodies to the list of people that individual pupil information can be shared with.
- EAT has held that a school teachers’ half-term visit to a school in Gambia was “in the course of her employment” (O’Brien v London Borough of Haringey and another).
- Department for Education has:
- Government has published a progress report on the Bailey review on commercialisation and sexualisation of childhood.
Employment: employment lawyers are likely to be interested in a recent EAT case in which it was reportedly held that the “establishment” wording in the Trade Union and labour Relations (Consolidation) Act 1992 should be disregarded in relation to former staff at Woolworths.
Environment: environmental lawyers should be aware that the:
- Environment Agency has published a new version of the CRC guidance manual for those participating in phase one of the scheme.
- Contaminated Land Expert Panel for local authorities is now in operation.
- Government has published a guide to the roles of the Environment Agency, Natural England and the Forestry Commission in new development.
- European Commission is consulting on EU waste management targets.
FOI and data protection: information lawyers should note that the:
- High Court has ordered the relaxation of reporting restrictions in a case where the defendant has been convicted of benefit fraud (Z and others v News Group Newspapers Ltd and others).
- European Data Protection Supervisor has published his 2012 annual report.
- ECJ has held that records of working time are personal data under the Data Protection Directive (Worten – Equipamentos para o Lar SA v Autoridade para as Condicoes de Trabalho).
Health: healthcare lawyers may be interested in a Monitor briefing note on the application of merger control rules to pathology service reconfigurations.
Housing: Scottish housing lawyers may wish to read housing support guidance published by the Scottish Government.
Local government: those involved in the enforcement of business rates should note that the High Court has held that a tenant did occupy premises and therefore was liable for business rates, despite only its Bluetooth apparatus being stored there (Sunderland City Council v Stirling Investment Properties LLP).
Property and planning: property lawyers should note that:
- The Court of Appeal has held that damage notices served under the Coal Mining Subsidence Act 1991 were valid despite them not fully complying with the relevant statutory notice requirements (Newbold and others v Coal Authority).
- The High Court has held that a restrictive covenant, despite express wording in a transfer, did not protect or preserve the amenity or value of a covenantee’s adjoining land as it was more in the nature of a money payment obligation (Cosmichome Ltd v Southampton City Council).
- From 1 July 2013, the functions of several property tribunals will be transferred to the First-tier Tribunal.
- The Law Society has published explanatory notes for form TA6 (third edition).
State aid: those interested in state aid should be aware that the: