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In brief for week ending 28 October 2015

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 Local Government email.

Adult social services

  • The Court of Protection has ruled that the publication of a judgment concerning the care and finances of an elderly women was in the public interest (Aidiniantz v Riley).
  • The DH has sent guidance on the Mental Capacity Act 2005 and the Deprivation of Liberty safeguards to local authorities and NHS leads.

Children’s services

  • The Court of Appeal  has encouraged local authorities to file a response statement to applications for permission to appeal if the appellant is a litigant in person in a care and placement order case(Re B (A child)).
  • The High Court has:
  • A circuit judge in the Family Court has disregarded a deputy High Court judge’s direction to transfer the care proceedings (Re J (Refusal to transfer to HC) [2015] EWFC B162).
  • The Home Office has announced that from 31 October 2015, health and social care professionals and teachers must report female genital mutilation cases  that they become aware of to the police.
  • The ADCS has published new guidance on conducting age assessments of unaccompanied children seeking asylum.

Civil litigation

  • The High Court has:
    • refused to grant security for costs under CPR 25.13(2)(c) due to the merits of the claim and the defendant’s failure to mediate (Gresport Finance Ltd v Battaglia); and
    • considered the correct application of CPR 36.14(3), which sets out the sums that the court will order that the claimant is entitled to “unless it considers it unjust” (RXDX v Northampton Borough Council).
  • The TCC given some advice on what a statement of agreed facts should look like (Amey Birmingham Highways Ltd v Birmingham City Council).
  • The Bar Council and Law Society have issued a joint position paper on lawyer-client confidentiality in the context of debate over balancing privacy and security in the exercise of investigatory powers.
  • The Lord Chief Justice has delivered the speech “The Law of Wales: Looking Forwards“.


  • The draft Modern Slavery Act 2015 (Transparency in Supply Chains) Regulations 2015 have been approved by the House of Lords.
  • The Trading Standards Institute has published a consultation on a draft Pricing Practices Guide.
  • The Commercial Court Users’ Group Committee has published an update on the items that were discussed at its meeting on 7 October 2015.


  • The House of Commons Library has published a briefing paper that provides an overview of the duties on both state-funded and independent schools to safeguard children from extremism.
  • The DfE has published a consultation seeking views on the government’s proposals to strengthen its powers to intervene in underperforming or “coasting” schools.

Employment and pensions

  • The Scottish Government has written a letter to the UK Minister for Skills, Nick Boles, requesting that Scotland be excluded entirely from the application of the Trade Union Bill 2015-16.
  • The draft Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 have been published.
  • The Ministry of Defence has published Your guide to Employing Reservists, which is intended to explain the benefits to employers of employing reservists.
  • The DWP is consulting on the draft Pensions Act 2014 (Abolition of Contracting-out for Salary Related Pension Schemes) (Consequential Amendments) Order 2016.

FOI and data protection

  • The ICO has:
    • issued a monetary penalty notice (MPN) of £130,000 to an online pharmacy for failing to process personal data fairly and lawfully in compliance with the first data protection principle of the Data Protection Act 1998; and
    • published a guide on how to disclose information safely by removing personal data before publishing.


Local government law

Property and planning

Public procurement

Regulation and enforcement

  • Two search warrants issued under regulation 21 of the Consumer Protection from Unfair Trading Regulations 2008 to a local authority trading standards department have been quashed by the High Court as they did not comply with regulation 22 (Hargreaves v Brecknock and Radnorshire Magistrates’ Court).
Practical Law In brief

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