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In brief for week ending 29 April 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 Public Sector email.

Civil litigation:

  • The Court of Appeal has:
    • overturned a costs order made on the basis of the claimant’s failure correctly to characterise her legal cause of action (Begum v Birmingham City Council);
    • held that the ex turpi causa or illegality defence did not apply to a personal injury claim brought by an individual against a negligent driver (McCracken v Smith and others); and
    • dismissed an appeal against a decision that a firm of solicitors had failed properly to advise its client, and confirmed the need for standard form letters of advice to be sufficiently clear to ensure that clients properly understand the nature of the advice (Procter v Raleys Solicitors (A Firm)).
  • The High Court has considered an application for judicial review of a decision by a circuit judge that was unappealable under the Civil Procedure Rules (R (Ogunbiyi) v Southend County Court).


  • The Court of Appeal has rejected a motorist’s appeal against a charge of £85 levied on him for overstaying the two hour period of free parking in a car park, considering whether the charge was unenforceable at common law as a penalty, or whether it was unfair and therefore unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999 (ParkingEye Ltd v Beavis).
  • The International Chamber of Commerce has launched a new, free-to-download cyber security guide for business. The new guide outlines how businesses can optimise their ability to identify and manage evolving cyber security risks.

Education and children’s services:

  • The Court of Appeal has confirmed that there is no presumption in favour of a natural parent being a child’s primary carer. Whether this factor is determinative depends on the facts of the particular case (E-R (A Child)).

Employment and pensions:


  • The DECC has published revised guidance for appeals under the CRC Energy Efficiency Scheme (CRC). The guidance explains how the appeals process has changed, following simplification of the CRC by the CRC Energy Efficiency Scheme Order 2013.

FOI and data protection:

Local government:

Public procurement and state aid:

Regulation and enforcement:

  • The High Court has held that individuals such as newspaper editors may be convicted under section 39(2) of the Children and Young Persons Act 1933 of the offence of breaching reporting restrictions, which are applicable to “any person who publishes” certain matter relating to a child in breach of a court order or injunction (Aitken v DPP).
Practical Law In brief

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