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In brief for week ending 7 January 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:


  • Parliament has published a paper that summarises the amendments made to the Consumer Rights Bill by the House of Lords.
  • HM Treasury has published the government response to its June 2014 call for evidence, “British credit unions at 50”, on the future of credit unions and steps that the government might take to support the development of the credit union movement.

Education and social services:

  • The School and Early Years Finance (England) Regulations 2014 will come into force on 12 January 2014.
  • The DfE has updated its guidance on its risk protection arrangement for academies.
  • The Court of Appeal has allowed a father’s appeal against an order prohibiting him from having contact with his 12 year old daughter (Re R (A Child)).
  • The Family Court has directed Her Majesty’s Courts and Tribunals Service to pay the costs of legal representation for an unrepresented father’s cross-examination of a vulnerable witness at a fact-finding hearing (Re K and H (Children: unrepresented father: cross-examination of child)).
  • The DH has published guidance on the Care Act 2014 for carers and the cared for, explaining the changes to care and support to be introduced under the Act.
  • The Public Guardian has reported to Parliament on the review of the supervision of deputies.

Employment and pensions:

  • The Court of Appeal has considered whether a tribunal erred in finding that a dismissal had been for misconduct where the employer had attached an emotive label to the conduct in its dismissal letter (Brito-Babapulle v Ealing Hospital NHS Trust).
  • The High Court has granted an interim injunction against a union preventing it from taking industrial action in relation to a ballot that had been carried out 11 months previously (Westminster Kingsway College v University and College Union).
  • The EAT has:
    • held that a tribunal erred when finding that three (effectively managerial) employees were assigned to the organised grouping of employees that transferred to the client on a service provision change (London Borough of Hillingdon v Gormanley and others); and
    • rejected an appeal to strike out a claim for caste discrimination, finding that the definition of “race” in the Equality Act 2010, which includes “ethnic origin”, is wide enough to encompass caste (Chandhok and another v Tirkey).
  • BIS has published:
  • The DWP has confirmed the automatic enrolment earnings trigger and the qualifying earnings band for 2015/16.


FOI and data protection:


  • Monitor has published an updated version of its guidance on integrated care, in particular in relation to the relationship between integrated care obligations and the choice and competition rules and regulations.


Local government:

Property and planning:

  • The Upper Tribunal (Lands Chamber), overturning the decision of the Leasehold Valuation Tribunal, has held that a residential landlord was entitled to recover legal expenses it had incurred in dealing with a party wall matter as part of the service charge (Assethold v Watts and others).
  • The government has published its response to the neighbourhood planning aspects of a consultation that proposed reforms across the planning system.
  • High Speed Two (HS2) Ltd has published guidance for the HS2 Phase Two exceptional hardship scheme for Phase Two of the HS2 route.
  • BIS has published a list of regulatory changes that the government intends to implement over the next six months. The list includes items of interest to construction and engineering practitioners.

State aid:

  • A European Commission notice on state aid recovery interest rates and reference/discount rates for all 28 EU member states applicable from 1 January 2015 has been published in the Official Journal.
Practical Law In brief

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