A recent High Court decision relating to the outsourcing of a range of back office support and regulatory services is a reminder that it is not only disgruntled tenderers or contractors who may challenge procurement processes. It also emphasises the importance of making sure that compliant processes – in particular consultation requirements - are followed at the planning stage, well before the procurement is advertised and the detailed public procurement rules kick in.

Wed, 22 May 2013 00:00:00 GMT

On 1 April 2013 the assets and liabilities of PCTs and SHAs were transferred to the relevant receivers. However, there will be circumstances where the receiver identified in the Transfer Scheme may not be appropriate. This may be where PCTs were told that changes requested prior to 1 April would not be included and would need to be dealt with through rectification process. Alternatively it may be that the need to change the receiver has come to light since receipt of the final Transfer Scheme.

Authority Update

Fri, 17 May 2013 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 17 May 2013. Items are set out by subject, with a link to where the full document can be found on the internet.

Health and Social Care Update - May 2013

Wed, 15 May 2013 00:00:00 GMT

Under the microscope: a note on inquests and NHS Trusts

Tue, 14 May 2013 00:00:00 GMT

It must be disconcerting for anyone working in the NHS to read of the nation’s adoration of the service, and then see how NHS-bating has become a national sport. Hidden away from the limelight of the Response to the Francis report is a small example of the relentless scrutiny faced by healthcare practitioners in the form of the Court of Appeal judgment in R (Sreedharan) v Coroner for Greater Manchester [2013] EWCA Civ 181. There are a number of important lessons in this case, not least that the scope and intensity of an inquest involving healthcare issues can still be an intimidating arena for Trusts and their staff.

Quality Governance: How does your board know that its organisation is working effectively to improve patient care?

Wed, 08 May 2013 00:00:00 GMT

Monitor has issued its latest guidance “Quality Governance: How does a board know that its organisation is working effectively to improve patient care?” The Guidance is addressed to boards of NHS provider organisations. However, it has application across a range of functions, including senior management, internal and clinical audit, and clinical and nursing services.

Government plans to reform judicial review procedure

Tue, 07 May 2013 00:00:00 GMT

The Government has published its response to the consultation on reforming the judicial review process that was issued in December 2012. Despite admitting that most respondents opposed the proposals and criticised the consultation process, the Government is pressing ahead with reforms that it considers are necessary to target large numbers of “weak, frivolous and unmeritorious cases”.

Authority Update

Fri, 03 May 2013 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 3 May 2013. Items are set out by subject, with a link to where the full document can be found on the internet.

Transforming Community Services – the Refresh

Fri, 03 May 2013 00:00:00 GMT

Many of the initial commissioning contracts put in place for the transfer of PCT provider arms to new providers under the Transforming Community Services initiative will come to an end in less than a year on 31 March 2014. CCGs will need to rapidly address replacement arrangements including how this may advance the transformation of community services and deliver improvements in quality and cost effectiveness. This is particularly the case where procurement will be needed to select the new provider(s).

In this article we address some of the key issues that commissioners will need to consider in putting in place the new arrangements.

Waste Watch – April 2013

Thu, 02 May 2013 00:00:00 GMT

Housing and Welfare Update - Part 2

Wed, 01 May 2013 00:00:00 GMT

In this update, we look at some of the legal issues that have started arising since the reforms under the Welfare Reform Act 2012 have started to be implemented, focusing on the introduction of the Bedroom Tax.

Disability and recruitment

Tue, 30 Apr 2013 00:00:00 GMT

Anne Palmer looks at a recent case concerning whether a prospective employer knew about the disability of a job applicant - and also provides some practical tips on the tricky question of handling recruitment and disability issues.

Employment news round-up April 2013

Tue, 30 Apr 2013 00:00:00 GMT

Jaspal Basra reports on April’s employment law developments which impact on HR: new collective redundancy arrangements; the latest on vetting and barring employees following the recent Human Rights challenge to the UK’s arrangements; doctors and social media; TCS and pay protection arrangements; new consultations on whistleblowing and simplification of auto-enrolment; quarterly employment tribunal statistics are in and we set out the new minimum wage rates, effective from October. Finally, we provide an update on where we are with the ‘ping pong’ of the ‘employee-shareholder’ scheme, which has been flying back and forth between the House of Lords and the House of Commons and has finally become law.

Engineered redundancies…?

Tue, 30 Apr 2013 00:00:00 GMT

Two recent cases from the Employment Appeal Tribunal have upheld the fairness of dismissals where redundancy could, arguably, have simply been the pretext for the dismissal of poorly performing employees. In one case the employer recruited an employee knowing that they would be surplus to requirements and then dismissed the remaining employee; in the second case there was evidence that the employer had concerns about the employee’s capability prior to selection for redundancy. Does this show, where there is a redundancy situation, a trend towards tribunals not looking too closely at other possible reasons for dismissal? Sarah Lamont reports.

Copyright Licensing Authority warns that a third of local authorities could be at risk of compliance action

Mon, 29 Apr 2013 00:00:00 GMT

Following a recent settlement with Brighton and Hove City Council the Copyright Licensing Authority (CLA) has warned that up to a third of local authorities could be facing costly compliance action. Brighton and Hove had failed to renew their copyright licence believing that their ‘no copying’ policy would make them exempt. However the CLA produced evidence that showed this policy was not working and proved infringement had taken place. The case highlights the need for authorities to be especially cautious because the breach was detected in only a small section of the council.

Performers List matters – an introduction to the new framework and an overview of its application

Mon, 29 Apr 2013 00:00:00 GMT

The National Health Service (Performers Lists) Regulations 2004 were revoked with effect from 1 April 2013. The applicable regulations for England from that date are set out in the National Health Service (Performers Lists) (England) Regulations 2013.

In line with the regulatory changes, NHS England has published guidance in relation to its new policy and procedures relating to the identification, management and support of underperforming performers. This document summarises some of the key elements of that guidance.

Procurement Update – April 2013

Thu, 25 Apr 2013 00:00:00 GMT

This update contains brief details of recent key policy, legislation and case law developments relevant to those involved in procurement work, that have been published in the past three months.

Authority Update

Fri, 19 Apr 2013 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 19 April 2013. Items are set out by subject, with a link to where the full document can be found on the internet.

DCLG seeks power to direct local authorities’ compliance with Publicity Code

Wed, 17 Apr 2013 00:00:00 GMT

The Communities Secretary has issued a consultation that proposes giving him a very broad power to direct local authorities to comply with the Code of Recommended Practice on Local Authority Publicity. This Alert highlights significant issues which should be raised in response to the consultation.

Fri, 22 Mar 2013 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 22 March 2013. Items are set out by subject, with a link to where the full document can be found on the internet.

Employment Eye Alert - Employment tribunal cases settled by judicial mediation

Fri, 22 Mar 2013 00:00:00 GMT

Since the publication of the Robert Francis report into the Mid Staffordshire Hospital in February, there has been a lot of discussion about the need for a culture of openness, transparency and candour in healthcare services.

Commissioning for Impact - Early Interventions, Social Impact Bonds and Local Integrated Services Trust (LIST)

Thu, 21 Mar 2013 00:00:00 GMT

Some of you may remember Total Place, a project that originated in local government but caught the imagination of many in public services. It added up the total cost of supporting the most vulnerable groups in any one area and the outcomes were in many cases quite staggering. Quite simply we give poor value to taxpayers by spending their money on the "stock" - the effect of chaotic lives, troubled families, poor health, inadequate housing - and should spend it on the "flow", intervening early in the causes, be it high reoffending rates, excessive numbers of children in care, or the elderly in and out of hospitals with long term conditions much of which could have been prevented or better managed in a community/domiciliary setting.

This article looks at how you, as health commissioners, can implement some of those changes. It is not theoretical – it is happening already in a range of public services, just much slower in health for fairly obvious reasons arising from the structural changes.

Courting disaster: the litigation challenge for CCGs

Thu, 21 Mar 2013 00:00:00 GMT

It is said that no news is good news. So interest in the Winterbourne case or the Heslop report is encouraging only because it identifies bad practice. Likewise, if litigation is a measure of the success of a particular state of affairs, the courts’ involvement in care packages for vulnerable patients is a sign that not all is well.

For CCGs, the prospect of taking on the mantle of litigation arising from care arrangement disputes may present a significant challenge. Some of the key issues are set out in this article.

Francis for Clinical Commissioning Groups

Thu, 21 Mar 2013 00:00:00 GMT

Of the 290 recommendations in the Francis Report into the Mid-Staffs inquiry, many would have an impact on the role of PCTs. With their abolition now looming, this begs the question of what CCGs should do in response to the Inquiry Report as they take on the commissioning mantle.

Bevan Brittan Partner wins prestigious Birmingham Law Society Award

Mon, 18 Mar 2013 00:00:00 GMT

Olwen Dutton, Local Government Partner has been named Partner of the year 2013 by the Birmingham Law Society.

At the award ceremony on Thursday 14 March, the judges indicated that they were impressed with the way that she had developed her career, moving from a prominent local government position, to become a leading private practice lawyer dealing with local authority issues.

Employment Eye Alert - Ban on NHS 'gagging orders'

Thu, 14 Mar 2013 00:00:00 GMT

Much has been said about the need for openness, transparency and candour in healthcare services, since the publication of the Robert Francis report into the Mid Staffordshire Hospital last month. One of the specific issues in this regard, raised by the report, was that individuals were apparently prevented from raising concerns about patient safety because of so-called ‘gagging clauses’ in agreements with the hospital.

Jeremy Hunt has announced today that so-called ‘gagging clauses’ in NHS settlement agreements, which seek to prevent public interest disclosures regarding patient safety and patient care, will be ‘banned’ with immediate effect.

Regulating the commissioning of health services – revised regulations now laid

Things rarely stand still in the housing market and 2013 is no different. Our quarterly publication of Housing Landscape aims to help professionals in housing to understand key issues and to keep up with all changes in the market. Our spring edition of Housing Landscape is now available and ready for download.

ECO: Delivery risks – What you need to consider before you deliver

Tue, 26 Feb 2013 00:00:00 GMT

CCGs - From shadow to substance

Wed, 13 Feb 2013 00:00:00 GMT

As 1 April 2013 approaches and CCGs receive their authorisation, it is important for all CCGs to focus on what they need to do now to ensure they are able to be effective from inception. There is already a wealth of advice available from various sources, including the NHS Commissioning Board and the BMA. This article outlines some of the key areas of legal significance.

Infrastructure Procurement Routemap: All aboard the new Routemaster!

Wed, 13 Feb 2013 00:00:00 GMT

At the end of January, HM Treasury and IUK jointly published the "Infrastructure Procurement Routemap - a guide to improving delivery capabilities".

Aimed "primarily at the sponsor and client organisations that develop major projects and programmes, long term capital investment plans and publicly procured mega-projects", it is already being adopted by the likes of Crossrail, Network Rail and London Underground. The Routemap sets out a four-stage process to be followed before commencing the procurement of any major infrastructure project or programme.

Home Energy Conservation Act (HECA): An opportunity to innovate and deliver

Mon, 11 Feb 2013 00:00:00 GMT

All local authorities with housing responsibilities must prepare a report under the Home Energy Conservation Act 1995 by 31 March 2013, setting out “the local energy conservation measures that a local authority – or groups of authorities – consider practical, cost effective, and likely to significantly improve the energy efficiency of residential accommodation in its area”. Time is running out to finalise the reports ahead of publishing them on the relevant local authority’s website and sending a copy to the Secretary of State.

Authority Update

Fri, 08 Feb 2013 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 8 February 2013. Items are set out by subject, with a link to where the full document can be found on the internet.

Green Deal State Aid approval slips under the radar

Thu, 07 Feb 2013 00:00:00 GMT

The EU Commission formally approved the UK Government's support of its Green Deal initiative on 5 February 2013 and found that this support is in line with EU rules on state aid and will ultimately assist competition.

Mid Staffordshire NHS Inquiry Report - Key points: Clinical Governance

Wed, 06 Feb 2013 00:00:00 GMT

The lessons learned and recommendations set out in the Francis report are clearly intended to have an impact outside Stafford Hospital. Among many problems highlighted the report identifies:

A lack of openness to criticism
A lack of consideration for patients
Defensiveness

Mid Staffordshire NHS Inquiry Report - Key points: Leadership, Culture and Corporate Governance

Wed, 06 Feb 2013 00:00:00 GMT

In his introduction to the report Robert Francis QC makes the point that the failure at Mid Staffordshire was “primarily caused by a serious failure on the part of a provider Trust Board. It did not listen sufficiently to its patients and staff or ensure the correction of deficiencies brought to the Trust’s attention. Above all, it failed to tackle an insidious negative culture involving a tolerance of poor standards and a disengagement from managerial and leadership responsibilities.”

The buck stops with the Board, and some of the wide-ranging recommendations set out in the report will have a direct impact on Board composition, conduct and performance.

Mid Staffordshire NHS Inquiry Report - Key points: Relationships with commissioners and oversight bodies

Wed, 06 Feb 2013 00:00:00 GMT

The Francis report makes challenging reading for commissioners. It is clear that although the successive reforms to the NHS may have amounted to mitigating circumstances, the commissioners, and indeed other interested parties, failed to take adequate steps to prevent the problems at Mid Staffordshire, or to uncover and prevent them from continuing. The report recognises that the system is on the cusp of change but “the experience of Stafford shows an urgent need to rebalance and refocus commissioning into an exercise designed to procure desired standards of service for patients as well as to identify the nature of the service to be provided”.

Mid Staffordshire NHS Inquiry Report - Key points: Workforce Issues

Wed, 06 Feb 2013 00:00:00 GMT

As Mr Francis QC points out in the report, much has been said about whistleblowing during the Inquiry, and much has been written about it since the Inquiry concluded. It is clear from the report that, while Mid Staffordshire had in place a whistleblowing policy and procedure, it faced serious difficulties in the implementation of that policy.

Mid Staffordshire NHS Trust inquiry report published - Key points briefing

Wed, 06 Feb 2013 00:00:00 GMT

Robert Francis QC's report today heralds the conclusion of possibly the largest ever public inquiry into the regulation of healthcare in this country. The report is extensive, running to 1782 pages and making 290 recommendations.The findings and recommendations in the report are of fundamental significance not only for the NHS but also beyond.

Fri, 18 Jan 2013 00:00:00 GMT

Heavy snow is forecast around the country over the weekend with up to 30 cm expected on higher ground. While this may bring delight to children whose schools are closed, if you are an employer under a building contract, you may be wary of contractors seeking to blame delay on the current weather and claiming the extra cost of those delays under the terms of the relevant building contract.

Procurement Update - January 2013

Thu, 17 Jan 2013 00:00:00 GMT

This update contains brief details of recent key policy, legislation and case law developments relevant to those involved in procurement work, that have been published in the past three months.

Authority Update

Fri, 11 Jan 2013 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the four weeks up to 11 January 2013. Items are set out by subject, with a link to where the full document can be found on the internet.

Health and Social Care Update - January 2013

Thu, 10 Jan 2013 00:00:00 GMT

The Mid-Staffordshire NHS Foundation Trust Public Inquiry – Whistleblowing and the impact on workforce culture

Thu, 10 Jan 2013 00:00:00 GMT

Whistleblowing was a key theme that emerged during evidence presented to the Inquiry; and the circumstances and environment in which staff can effectively raise concerns without fear of reprisals or criticism (whether real or imagined) is of central importance not only throughout the NHS, but for all healthcare providers.

Waste Watch - December 2012

Thu, 03 Jan 2013 00:00:00 GMT

PF2 - a new approach or business as usual? What is in it for you?

Mon, 31 Dec 2012 00:00:00 GMT

The Chancellor’s Autumn Statement 2012 addresses the Government's review of PFI and we welcome the Government’s support for infrastructure projects as a means to reinvigorate our public services and infrastructure while creating jobs and driving economic recovery in the UK. In this article we examine a number of questions which naturally arise from the PF2 proposals.

We are holding a PF2 workshop on 17 January 2013 which will discuss these issues in greater detail.

Employment Eye

Wed, 19 Dec 2012 00:00:00 GMT

Welcome to our December 2012 edition of Employment Eye with the latest on employment law developments. In this issue we cover the following topics:

The law of unintended consequences: TUPE service provision changes
If I've told you once, I've told you twice....a misconduct update
Employment news round-up, December 2012

Employment Eye: News Round-up

Wed, 19 Dec 2012 00:00:00 GMT

This month, the plums in our Christmas employment news pudding are: ‘law in a cold climate’ (dealing with severe weather related absence); next year’s statutory payment rates and limits; DH guidance on staff transfers; and an update on the review of the Public Sector Equality Duties. And Stop Press - Government announces reduced collective redundancy consultation period. Sarah Maddock reports.

If I’ve told you once, I’ve told you twice…a misconduct update

Wed, 19 Dec 2012 00:00:00 GMT

John Moore reports on two recent decisions which provide useful, practical points on dealing with misconduct dismissals.

Lessons from Mid Staffordshire – What does the board of a health organisation need to know?

Wed, 19 Dec 2012 00:00:00 GMT

Robert Francis QC’s report into the Mid Staffordshire Inquiry is due to be issued to the Secretary of State in January 2013.

Whilst the Inquiry’s detailed findings and recommendations are awaited, an examination of the evidence identifies a range of themes to which the sector should have regard in anticipation of the final report and beyond. In this alert, we focus on the theme of the effectiveness of provider boards.

The law of unintended consequences: TUPE service provision changes

Wed, 19 Dec 2012 00:00:00 GMT

What happens if an outsourced contract expires and is brought back in-house to be run as a skeleton service, pending a new contractor being appointed to take over the outsourced contract? Would this amount to a ‘service provision change’ under TUPE, despite the fact that the client had never intended to run the service itself? Sarah Lamont considers this question in the light of a recent decision from the Employment Appeal Tribunal.

Authority Update

Fri, 14 Dec 2012 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 14 December 2012. Items are set out by subject, with a link to where the full document can be found on the internet.

The Mid-Staffordshire NHS Foundation Trust Public Inquiry - Organisational Culture and Quality Governance

Wed, 12 Dec 2012 00:00:00 GMT

In this alert, we focus on the related quality governance themes of organisational culture and the structures for quality governance and learning to enable organisations to consider these and possible future developments in advance of the Inquiry’s report.

Laidlaw's lessons

Tue, 11 Dec 2012 00:00:00 GMT

The Report of the Laidlaw Inquiry dated 6 December 2012 sets out lessons learnt for the DfT from the collapsed InterCity West Coast Competition. In our previous alert Procurement - evaluation processes off the rails, which followed the cancellation of the competition, we set out our view on why procurement processes can go wrong and basic principles on how to get it right. Unsurprisingly (to us) the Laidlaw Report mirrors our own experience of what public bodies need to consider when procuring complex contracts.

Health and Social Care Update - December 2012

Thu, 06 Dec 2012 00:00:00 GMT

The Mid-Staffordshire NHS Foundation Trust Public Inquiry – staff recruitment, standards, and engagement

Wed, 05 Dec 2012 00:00:00 GMT

Robert Francis QC’s report into the Mid Staffordshire NHS Foundation Trust Public Inquiry ('the Inquiry') is due to be issued to the Secretary of State in January 2013. The features of good governance which will emerge from the Inquiry are likely to provide valuable learning beyond the NHS and across the entire health and social care sector.

Waste Watch - November 2012

Mon, 03 Dec 2012 00:00:00 GMT

Allerdale revisited – Beware of relying on your own default

Fri, 30 Nov 2012 00:00:00 GMT

The Court of Appeal has recently handed down a significant judgment in the case of Charles Terence Estates Ltd (CTE) v Cornwall Council [2012] EWCA Civ 1439, which shows a further tightening of the scope for public authorities to seek to rely on their own failings in trying to avoid liabilities that they might otherwise be taken to have agreed.

Authority Update

Fri, 30 Nov 2012 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 30 November 2012. Items are set out by subject, with a link to where the full document can be found on the internet.

Employment Eye - November 2012

Thu, 29 Nov 2012 00:00:00 GMT

Welcome to our November edition of Employment Eye with the latest on employment law developments. In this issue we cover the following topics:

Political opinion as reason to dismiss
A mineshaft and a legal minefield: the TUPE ‘one-off event’ exemption
Employment news round-up, November 2012

Tue, 30 Oct 2012 00:00:00 GMT

The announcement by the Government last Friday (19 October 2012) of the Green Deal cashback scheme, where both registered providers (as landlords) and tenants can claim cash back on energy saving improvements, once again brings to the fore the range of possibilities presented by the Green Deal and Energy Company Obligation (ECO).

This alert considers the key issues that registered providers should take into account before engaging with the Government’s flagship policy to reduce carbon emissions throughout the country.

The Growth and Infrastructure Bill - what changes will it bring

Tue, 30 Oct 2012 00:00:00 GMT

The Growth and Infrastructure Bill, issued on 18th October, implements a number of the measures announced by the Government in September as part of its major planning and housing package. The Government says the Bill will help the country compete on the global stage by cutting red tape which, it claims, is delaying new infrastructure and job creation, and discouraging business investment.

This article will look in greater detail at the first three measures that are intended to assist with bringing developments forward and that are giving rise to industry comment.

Procurement Update - October 2012

Wed, 24 Oct 2012 00:00:00 GMT

This update contains brief details of recent key developments relevant to those involved in procurement work.

Authority Update

Fri, 19 Oct 2012 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 19 October 2012. Items are set out by subject, with a link to where the full document can be found on the internet.

CQC registration for GPs

Thu, 18 Oct 2012 00:00:00 GMT

Much work has been undertaken by CQC, in conjunction with GPs across the country, to simplify and test the application process. The application forms are submitted online and CQC anticipates that they should take providers less than 2 hours to complete. However, although completion of the form itself may be straight forward, the whole process of ensuring providers are properly prepared to make the application, and geared to deal with ongoing monitoring of compliance following the grant of registration, raises important questions for GPs to consider:

Patient safety and clinical governance - The vital importance of robust record keeping

Thu, 18 Oct 2012 00:00:00 GMT

Robust record keeping is vital to patient safety, quality of care and the demands of clinical governance. Inadequate medical records mean that some litigation claims cannot be properly defended and need to be settled out of court.

This article by Georgia Ford and Claire Bentley looks at some of the key issues that health professionals need to be familiar with in order to properly fulfil their duties to patients and to protect themselves and their employer.

The responsibilities of doctors in protecting children and young people

Thu, 18 Oct 2012 00:00:00 GMT

Claire Bentley and Deborah Jeremiah review the updated guidance developed by the General Medical Council following concerns that high profile cases and a fear of complaints by parents were deterring doctors from raising child protection concerns.

Health and Social Care Update

Tue, 09 Oct 2012 00:00:00 GMT

Authority Update

Fri, 05 Oct 2012 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 5 October 2012. Items are set out by subject, with a link to where the full document can be found on the internet.

Procurement – evaluation processes off the rails

Thu, 04 Oct 2012 00:00:00 GMT

DfT's cancellation of the West Coast Main Line franchise decision provides a timely reminder to all procuring authorities to conduct compliant and robust tender procedures and to set and evaluate award criteria appropriately.

Green Deal Alert: Are you ready to deliver Green Deal and ECO?

Wed, 03 Oct 2012 00:00:00 GMT

Birmingham City Council (BCC) will appoint its preferred bidder in early October 2012 to deliver the Green Deal initiative in their area in a ground breaking procurement that could benefit up to 40 other local authorities, registered providers and other public sector stakeholders. As BCC's procurement continues towards contract signature, how ready are you to take advantage of the opportunities presented by Green Deal and the Energy Companies Obligation (ECO)?

This alert considers the key issues that any contracting authority would need to consider.

Renewable Heat Incentive: Energy from Waste consultation

This note contains a Top 10 list of “Hot Waste Topics” which your local authority may well be considering at the moment or at some point in the near future.

New criminal offence of squatting in a residential building – what property owners need to know

Tue, 04 Sep 2012 00:00:00 GMT

With effect from 1 September, a new criminal offence of squatting in a residential building comes on to the statute book under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. This summary tells you all you need to know about the new offence, which has implications for all who own or manage residential and commercial property.

Waste Watch - August 2012

Fri, 31 Aug 2012 00:00:00 GMT

Authority Update

Fri, 24 Aug 2012 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 24 August 2012. Items are set out by subject, with a link to where the full document can be found on the internet.

Benefit or burden? Transfer of PCT-owned PFI property to NHS providers

Wed, 22 Aug 2012 00:00:00 GMT

The Department of Health has published its guidance relating to the treatment of PCT- owned PFI property which confirms that providers may ask for these assets to be transferred.

If you have agreed to take on a community PFI, or are considering doing so, how should you approach the acquisition?

Monitor launches consultation on new NHS provider licence

Tue, 21 Aug 2012 00:00:00 GMT

Monitor has published a consultation on the proposed NHS provider licence which all NHS services providers will be required to hold, save for any applicable exemptions. The exemptions are currently subject to a separate consultation process (published 15 August 2012) for which responses are required by 22 October 2012. The new licensing regime will be Monitor’s key mechanism for regulating both NHS and private providers of NHS services.

HECA: Obligation and local opportunity - An update on recent legislation

Mon, 20 Aug 2012 00:00:00 GMT

DECC has recently issued new guidance to help local authorities in England improve the energy efficiency of their residential housing. The guidance, issued under the Home Energy Conservation Act 1995 (HECA), requires local authorities to publish a report on their plans to achieve improved energy efficiency by 31 March 2013.

Can the Government and the public sector retain the necessary quality legal advice?

Mon, 13 Aug 2012 00:00:00 GMT

The recent announcement by Field Fisher Waterhouse (The Lawyer 6 August 2012) of their intention to move away from a formal focus on the public sector is the latest sign to date that many law firms are struggling with the challenge of working in this area. Unprecedented budget cuts and the need for efficiency savings have seen major initiatives requiring legal input disappear, along with significant, Cabinet Office led, downward pressure on fees paid to all consultants including lawyers.

Authority Update

Fri, 10 Aug 2012 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 10 August 2012. Items are set out by subject, with a link to where the full document can be found on the internet.

Tue, 31 Jul 2012 00:00:00 GMT

Authority Update

Fri, 27 Jul 2012 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 27 July 2012. Items are set out by subject, with a link to where the full document can be found on the internet.

Government unveils £40bn guarantee scheme to help deliver infrastructure projects

Fri, 20 Jul 2012 00:00:00 GMT

The Chancellor has announced that the Government will guarantee infrastructure scheme which have stalled because of financing problems. However, given the tight eligibility criteria and with no promise of new money, it is not clear how many projects will actually be able to benefit from this new scheme.

Choice & Competition Framework: Can Monitor and the Commissioning Board fix the NHS market?

Tue, 17 Jul 2012 00:00:00 GMT

Monitor and the NHS Commissioning Board Authority are working together on a choice and competition project with a view to launching a formal interactive Choice and Competition Framework document by the end of this year. Their laudable intention is to support commissioners in ensuring good practice and promoting and protecting patient choice.

Authority Update

Fri, 13 Jul 2012 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 13 July 2012. Items are set out by subject, with a link to where the full document can be found on the internet.

What can you do when a contractor is unable to deliver?

Fri, 13 Jul 2012 00:00:00 GMT

Reports published this week suggest that G4S, the private security firm tasked with keeping the London 2012 Olympics safe and secure, may be unable to supply all the guards it was contracted to deliver for the games. Just 15 days before the opening ceremony, Theresa May has asked the British armed forces to provide a further 3,500 troops to fill the feared shortfall.

Health and Social Care Update - July 2012

Tue, 10 Jul 2012 00:00:00 GMT

Waste Watch - June 2012

Health and Social Care Update - June 2012

Mon, 11 Jun 2012 00:00:00 GMT

Authority Update

Fri, 01 Jun 2012 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 1 June 2012. Items are set out by subject, with a link to where the full document can be found on the internet.

BMA announces industrial action will take place on 21 June

Thu, 31 May 2012 00:00:00 GMT

Yesterday the British Medical Association (“BMA”) announced that, following a ballot amongst its members, there will be a 24 hour period of industrial action on 21 June.

Need a cup of coffee?

Thu, 31 May 2012 00:00:00 GMT

Contracting authorities are generally keen to promote the use of environmental and social issues in procurement. The EC has shifted its stance over the past few years to acknowledge and encourage incorporation of these issues into the procurement process, subject to limitations.

Telecoms masts - legal issues for NHS landowners

Thu, 31 May 2012 00:00:00 GMT

The presence of telecommunications apparatus can be a major obstacle to a landowner’s ability to dispose of or redevelop its land. Most mobile operators enjoy statutory protection which makes it very difficult for them to be removed from sites.

Thu, 10 May 2012 00:00:00 GMT

Department of Health disposal strategy – surplus land

Wed, 09 May 2012 00:00:00 GMT

The Department of Health yesterday published its finding on the number of parcels of land declared as surplus or potentially surplus current held by NHS trusts.

We are truly privileged to advise you!

Wed, 09 May 2012 00:00:00 GMT

Mr Justice Akenhead has held in the case of Walter Lilly and Company Limited v Mackay and DMW [2012] EWHC 649 (TCC) that advice given to clients by claims consultants is not covered by legal professional privilege or legal advice privilege, even if that advice was given by solicitors or barristers engaged by those claims consultants.

A robust and effective CCG Constitution

Fri, 04 May 2012 00:00:00 GMT

One of the key tests for any clinical commissioning group seeking authorisation from the NHS Commissioning Board will be that they have a constitution that is compliant with the requirements of the 2012 Act, and is “otherwise appropriate”. In effect this means that the Commissioning Board must be happy with it!

Authority Update

Fri, 04 May 2012 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 4 May 2012. Items are set out by subject, with a link to where the full document can be found on the internet.

Cookie crunch: Is your website ready for the 26 May deadline?

Thu, 03 May 2012 00:00:00 GMT

By 26 May 2012, all UK organisations that operate a website will need to obtain consent from visitors to its website in order to continue using cookies. The EU rules on the use of internet cookies changed following amendments made to the E-Privacy Directive. Those changes were implemented in the UK last year following amendments to the Privacy and Electronic Communications (EC Directive) Regulations 2003.

First NHS Fine handed out for a breach of Data Protection

Tue, 01 May 2012 00:00:00 GMT

The Information Commissioner’s Office (ICO) has this week handed out the first fine to an NHS organisation for a breach of the Data Protection Act 1998.

Waste Watch - April 2012

Mon, 30 Apr 2012 00:00:00 GMT

This Update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in April 2012.

Another social media storm

Fri, 27 Apr 2012 00:00:00 GMT

Another case has come through the courts relating to inappropriate Facebook usage by an employee. As you may recall we reported on the rise of dismissal cases relating to employees' use of Facebook and other social media a few months ago.

News round up

Fri, 27 Apr 2012 00:00:00 GMT

Joanna Smart takes a look at some key employment law developments which took place in April, most notably the fact that the anticipated decision of the Supreme Court in Seldon v Clarkson Wright and Jakes was published on 25 April.

What are reasonable adjustments and when are claimant's feelings aggravated?

Fri, 27 Apr 2012 00:00:00 GMT

In the case of Newcastle upon Tyne Hospitals NHS Foundation Trust v Bagley, the EAT has confirmed the position in regards to what constitutes a reasonable adjustment and also provided welcome clarification on when aggravated damages should become payable and what amounts to correct sums where these damages, and others, are concerned.

Authority Update

Fri, 20 Apr 2012 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 20 April 2012. Items are set out by subject, with a link to where the full document can be found on the internet.

Procurement Update - April 2012

Thu, 19 Apr 2012 00:00:00 GMT

This update contains brief details of key developments in the past three months relevant to those involved in procurement work.

Public Services (Social Value) Act 2012

Thu, 19 Apr 2012 00:00:00 GMT

Elizabeth Cooper considers the new Public Services (Social Value) Act 2012 and how far a public body can take non-commercial considerations into account when procuring public contracts.

Service critical NHS property transfers

Wed, 18 Apr 2012 00:00:00 GMT

The Guidance issued by the Department of Health on 4 August 2011 states that aspirant Community Foundation Trusts, other National Health Service Trusts and Foundation Trusts (transferees) are to be given the opportunity to acquire the parts of the PCT estate deemed ‘service critical clinical infrastructure’. On 22 March this year, the Department of Health issued a draft Transfer Order (the Order) which is intended to effect these transfers. This alert provides guidance in relation to this latest publication from the department .

Green Deal - Providers and Pioneers

Thu, 12 Apr 2012 00:00:00 GMT

The Green Deal took a significant step forward from theory to reality yesterday when Climate Change Minister Greg Barker signed a Memorandum of Understanding (MOU) with 22 provider organisations.

Under the microscope – Reform of pathology services

Thu, 12 Apr 2012 00:00:00 GMT

The Carter Report advised on savings and service improvements that could be made within Pathology Services. In this article we review the options available to the NHS as they strive to optimise the standard of service provided.

Health and Social Care Update - April 2012

Wed, 11 Apr 2012 00:00:00 GMT

Authority Update

Fri, 06 Apr 2012 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 6 April 2012. Items are set out by subject, with a link to where the full document can be found on the internet.

Health and Social Care Act: CCG Governance

Thu, 05 Apr 2012 00:00:00 GMT

Explores the structure, governance regime and the model constitution framework for the new Clinical Commissioning Groups. This article also considers the relationship between CCGs and GPs.

Health and Social Care Act: Decision Making By Clinical Commissioning Groups

Thu, 05 Apr 2012 00:00:00 GMT

This article explores the introduction of CCGs, their duties and responsibilities and how these will impact on commissioning health services.

Health and Social Care Act: Implications for Foundation Trust Governance and Constitutional Arrangements

Thu, 05 Apr 2012 00:00:00 GMT

Considers the amendments to the legislative provisions which must be contained in all Foundation Trust Constitutions and the impact on governance.

Thu, 29 Mar 2012 00:00:00 GMT

Sarah Lamont discusses two recent decisions arising out of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”).

Dealing with service provision changes and the meaning of an “organised grouping of employees”.

National Planning Policy Framework

Tue, 27 Mar 2012 00:00:00 GMT

The new National Planning Policy Framework was released today and comes into force immediately but it contains very few surprises.

Investigation of abortion practices

Mon, 26 Mar 2012 00:00:00 GMT

The Department of Health and CQC are increasing their focus upon termination of pregnancy services. Following the Daily Telegraph secret investigation, which highlighted allegations of clinics agreeing abortions on the ground of gender of the foetus, the Chief Medical Officer wrote to all NHS Medical Directors and independent sector abortion clinics reminding them of their obligations under the relevant legislation and guidance. CQC then undertook a programme of unannounced inspections of private and NHS clinics.

Authority Update

Fri, 23 Mar 2012 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 23 March 2012. Items are set out by subject, with a link to where the full document can be found on the internet.

Something to shout about - closing retrospective reviews

Wed, 21 Mar 2012 00:00:00 GMT

On 15 March the Department of Health announced that it is to close the continuing care retrospective review process. The letter from Sir David Nicholson confirms that the Department of Health intends to introduce a close down for any new cases requesting assessment of retrospective eligibility for NHS Continuing Healthcare.

Icelandic banks repay local authorities and other wholesale depositors

Fri, 16 Mar 2012 00:00:00 GMT

When the Icelandic banks collapsed in October 2008, 145 local authorities faced the prospect of losing deposits amounting to approximately £1.1bn. Three years on, the Icelandic Supreme Court handed down its judgment recognising the funds placed by local authorities (together with leading universities including Oxford and Cambridge and other UK wholesale creditors) as deposits with priority status over other creditors' claims. Priority creditors of Glitnir will receive 100% of the value of their claims and priority creditors of Landsbanki expect to recover at least 98%.

Authority Update

Fri, 09 Mar 2012 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 9 March 2012. Items are set out by subject, with a link to where the full document can be found on the internet.

Green Deal and sustainable communities

Fri, 09 Mar 2012 00:00:00 GMT

On 18 January 2012 the consultation phase for the Governments flagship energy efficiency programme “Green Deal” closed, with secondary legislation expected to follow later in the year. Described as the biggest upgrade of UK housing since World War 2, the programme will offer energy efficiency improvements to homeowners with the aim of significantly reducing energy consumption and subsequent CO2 emissions. At the heart of the proposal is the “Green Deal plan” which means the cost of any improvements must be met through reduced energy bills with no upfront charge to consumers.

Health and Social Care Update - March 2012

Wed, 07 Mar 2012 00:00:00 GMT

Fri, 10 Feb 2012 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 10 February 2012. Items are set out by subject, with a link to where the full document can be found on the internet.

Health and Social Care Update - February 2012

Tue, 07 Feb 2012 00:00:00 GMT

FITs and non-starts

Fri, 03 Feb 2012 00:00:00 GMT

Secretary of State for Energy and Climate Change v Friends of the Earth and others [2012] EWCA Civ 28

The Secretary of State for Energy and Climate Change last week lost his appeal against a High Court judgment handed down at the end of 2011 that a proposal to halve feed-in tariffs (FITs) to small-scale producers of solar electricity was unlawful.

Farewell to the Standards Board - A survival guide for local authorities

Wed, 01 Feb 2012 00:00:00 GMT

Standards for England ceased its regulatory function on 31 January 2012, and is now winding down its offices and archiving its guidance. So how should councils now deal with standards investigations that are in the pipeline, prior to the introduction of the new regime in July?

Fri, 13 Jan 2012 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the four weeks up to 13 January 2012. Items are set out by subject, with a link to where the full document can be found on the internet.

Health and Social Care Update - January 2012

Tue, 10 Jan 2012 00:00:00 GMT

Procurement Update - January 2012

Mon, 09 Jan 2012 00:00:00 GMT

This update contains brief details of recent key developments relevant to those involved in procurement work.

Proposals for new Procurement Directives

Mon, 09 Jan 2012 00:00:00 GMT

On 20 December 2011 the European Commission published three new draft Procurement Directives which will replace the existing public sector and utilities Directives and will introduce a new Directive covering the procurement of works and service concessions. This article highlights ten key areas of change raised by the draft public sector Directive.

Waste Watch - December 2011

Tue, 03 Jan 2012 00:00:00 GMT

Property update

Thu, 22 Dec 2011 00:00:00 GMT

As many of you will be aware there has been a great deal of case law on the issue of holiday entitlement to those on long term sick leave. It is now clear that those workers on sickness absence continue to accrue their annual leave entitlement during this time and that they can to take annual leave at the same time as being absent due to sickness. However the area which is less clear cut is whether an employee on sickness absence can claim holiday pay where they have failed to give notice to take the leave to their employer. The latest in the string of sickness cases is Fraser v St George’s NHS Trust which has provided some clarification on this potentially confusing, yet important, issue; Lara Feghali has reviewed the case and sets out the implications for employers below.

Waste Watch - November 2011

Wed, 30 Nov 2011 00:00:00 GMT

Data Protection breaches in the headlines again

Wed, 23 Nov 2011 00:00:00 GMT

A report published today has again highlighted the regularity with which the Data Protection Act 1998 ("DPA") is being breached by public sector organisations. A report by Big Brother Watch details that between 2008 and 2011, 132 local authorities in the UK lost data in over 1000 separate incidents.

Authority Update

Fri, 18 Nov 2011 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 18 November 2011. Items are set out by subject, with a link to where the full document can be found on the internet.

Glimpse of the future? Monitor reveals proposed licensing regime

Thu, 17 Nov 2011 00:00:00 GMT

The Health and Social Care Bill 2011 (the "Bill") will not complete its passage through Parliament for some months and may be further amended. However Monitor has started to prepare for its new role as regulator of NHS healthcare providers, should the Bill become law.

Property update

Wed, 09 Nov 2011 00:00:00 GMT

This update contains brief details of recent property legislation, cases and other developments relevant to those involved in property.

Procurement Update - November 2011

Tue, 08 Nov 2011 00:00:00 GMT

This update contains brief details of recent news, legislation, cases and other developments relevant to those involved in procurement work that have been issued in the past four months.

Health and Social Care Update November 2011

Mon, 07 Nov 2011 00:00:00 GMT

Authority Update

Fri, 04 Nov 2011 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 4 November 2011. Items are set out by subject, with a link to where the full document can be found on the internet.

Waste Watch - October 2011

Mon, 31 Oct 2011 00:00:00 GMT

Saxon Weald Homes Limited v Dayne Chadwick – There but for the grace of god…

Fri, 28 Oct 2011 00:00:00 GMT

Why social landlords need to make sure that all of their staff are kept in the loop...

The Court of Appeal held last week that a letter from a landlord’s housing assistant to a tenant telling him that his probationary assured shorthold tenancy (AST) had successfully converted into an assured tenancy (AT) was sufficient notice under the Housing Act 1988 for that purpose. This was despite the fact that only a week before the letter was sent the landlord’s solicitors had served a NOSP and NRP on the tenant, telling him that his tenancy hadn’t converted.

Authority Update

Fri, 21 Oct 2011 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 21 October 2011. Items are set out by subject, with a link to where the full document can be found on the internet.

(Older) people and sexuality - a care conundrum

Wed, 12 Oct 2011 00:00:00 GMT

The issue of sexuality has become increasingly important in the approach expected from caring and nursing professionals. This article examines the legal framework, guidance and practical difficulties in that approach.

Children - which decision counts?

Wed, 12 Oct 2011 00:00:00 GMT

It is a well known principle in English law that a competent adult’s refusal to treatment cannot be overridden – no matter how unwise or incomprehensible that decision may be. The same cannot always be said in relation to children, who, as a society we consider must be afforded an added protection against their own unwise or irrational decisions.

The withdrawal of life sustaining treatment

Wed, 12 Oct 2011 00:00:00 GMT

Consideration of the case of W-v-M and S and A NHS Primary Care Trust, EWHC 2443, 28/09/11, the first in which a court was asked to consider whether it was in the best interests of a patient in a 'minimally conscious state' to withdraw life sustaining treatment.

Sat, 01 Oct 2011 00:00:00 GMT

A round-up of recent news happening within the financial services market.

Waste Watch - September 2011

Fri, 30 Sep 2011 00:00:00 GMT

Authority Update

Fri, 23 Sep 2011 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 23 September 2011. Items are set out by subject, with a link to where the full document can be found on the internet.

New guidance on making savings on operational PFI contracts

Mon, 19 Sep 2011 00:00:00 GMT

Authority Update

Fri, 09 Sep 2011 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 9 September 2011. Items are set out by subject, with a link to where the full document can be found on the internet.

DH Guidance - Future Ownership & Management of Estate in the Ownership of PCTs in England

Fri, 09 Sep 2011 00:00:00 GMT

The Department of Health issued guidance (published on 4 August 2011) on the ownership of the PCT estate, largely to address the consequences of the TCS transfers but not specifically limited to that. The purpose of this article is to bring to your attention some important operational issues that you should be considering as part of implementing that guidance.

Health and Social Care Update - September 2011

Thu, 08 Sep 2011 00:00:00 GMT

Amendments to the Public Contracts Regulations 2006

Fri, 02 Sep 2011 00:00:00 GMT

This article considers the new Public Procurement (Miscellaneous Amendments) Regulations 2011 (“the 2011 Regulations”) which will come into force on 1 October 2011. These Regulations will amend the Public Contracts Regulations 2006 (“PCR”), the Utilities Contracts Regulations 2006 and other related legislation. This article focuses on the amendments to the PCR made by the 2011 Regulations.

Waste Watch - August 2011

Wed, 31 Aug 2011 00:00:00 GMT

Authority Update

Fri, 26 Aug 2011 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 26 August 2011. Items are set out by subject, with a link to where the full document can be found on the internet.

Authority Update

Fri, 12 Aug 2011 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 12 August 2011. Items are set out by subject, with a link to where the full document can be found on the internet.

Health and Social Care Update - August 2011

Mon, 01 Aug 2011 00:00:00 GMT

Dealing with strike action: a practical guide for employers

Thu, 23 Jun 2011 00:00:00 GMT

The news that up to 750,000 public sector workers have agreed to commence strike action on 30 June 2011 is no surprise to many. The fifth largest trade union, the Public and Commercial Services Union has announced that 290,000 of its members intend to strike, which will affect a wide range of services. The National Union of Teachers and the Association of Teachers and Lecturers has also voted for strike action to protect teachers’ pensions. The strike action will purposely coincide with the other public sector strikes due to take place on 30 June 2011.

Domestic violence: interpretation and local housing authorities' duties towards the homeless

Wed, 22 Jun 2011 00:00:00 GMT

The Supreme Court in the recent case of Yemshaw v London Borough of Hounslow was called upon to interpret the word “violence” in s.177 of the Housing Act 1996 where a victim of domestic violence was refused accommodation by Hounslow LBC; because the alleged “violence” was not physical. The council decided that the victim’s refusal to return to her home because of fear of violence from her husband was insufficient for her to leave her home and therefore she could not be regarded as homeless.

Life without standards - What to do, once the Code has gone

Mon, 20 Jun 2011 00:00:00 GMT

Peter Keith-Lucas considers how local authorities will deal with standards of member conduct once the Code of Conduct has been abolished.

PMS contract termination clauses - court case

Mon, 20 Jun 2011 00:00:00 GMT

Last year Bevan Brittan wrote an article Sharper teeth for PMS commissioners which clarified the rights of PCTs to terminate PMS agreements on notice, ‘without fault’. This stemmed from amendments to the PMS Agreement Regulations which came into force on 1 April 2010. A recent judgment has now confirmed that PCTs retain their right to terminate the PMS contract with six months' notice and that PCTs have been acting within the legal framework.

Authority Update

Fri, 17 Jun 2011 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 17 June 2011. Items are set out by subject, with a link to where the full document can be found on the internet.

The Waste Review – working towards a zero waste economy

Fri, 17 Jun 2011 00:00:00 GMT

We consider the key messages from the Government’s comprehensive review of waste policy and delivery in England that sets out actions and commitments on working towards a zero waste economy.

NHS Listening Exercise reforms - What might this mean for local government?

Thu, 16 Jun 2011 00:00:00 GMT

Olwen Dutton considers the Government's response to the report from the NHS Future Forum on the need for a number of key changes in the Health and Social Care Bill, and looks at what these might mean for local authorities.

Avoiding a coroner's Rule 43 report at an inquest

Wed, 15 Jun 2011 00:00:00 GMT

Claire Bentley and Debbie Platts look at the fourth summary of reports and responses under Rule 43 of the Coroners Rules published by the Ministry of Justice in March 2011. It bears thorough reading as it makes clear the trends in reporting by Coroners and the issues requiring such reports.

Corporate manslaughter - A landmark decision

Wed, 15 Jun 2011 00:00:00 GMT

Many will remember the discussions that took place a couple of years and more ago now, with the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007. Whereas previously proof was needed that a “directing mind” of an organisation was personally guilty of manslaughter; now an organisation will be guilty of an offence if Senior Managers manage its activities in a way that causes a person’s death and amounts to a gross breach of a relevant duty of care. By focusing more on the collective actions of senior management, the Act ultimately makes it easier to prosecute organisations.

Disclosing confidential patient information to the police

Wed, 15 Jun 2011 00:00:00 GMT

Police officers can exert considerable pressure on NHS staff to disclose confidential patient information. A thorough understanding of professional guidance and best practice is essential in order to avoid criticism or legal action.

Claire Bentley and Jane Bennett look at the issues that front line staff should be considering when dealing with police requests for information.

Identifying wrongful detention and what to do about it

Wed, 15 Jun 2011 00:00:00 GMT

A common problem for mental health managers who have uncovered a procedural irregularity in a patient’s detention is in working out whether this means that the patient should be discharged and/or compensated. This article considers the current legal position and three recent cases

Must “private life” factors be considered in the allocation of scarce resources?

Wed, 15 Jun 2011 00:00:00 GMT

The High Court has recently ruled in favour of a Primary Care Trust in relation to a decision concerning the allocation of scarce resources in R (Condliff) v North Staffordshire PCT. This article examines the case itself and provides some practical lessons to be learnt from it.

Safeguarding adults - Behind closed doors

Wed, 15 Jun 2011 00:00:00 GMT

In terms of guidance, the Department of Health's “No Secrets” remains a valid document which sets out the range of categories of abuse and some mapping of safeguarding procedures. However, the most recent guidance, “Safeguarding Adults -The Role of Health Service Practitioners”, issued in March 2011, is an important updating document that all health professionals should read.

Good practice for local authorities and PCTs identified in the Steven Neary case

Mon, 13 Jun 2011 00:00:00 GMT

Simon Lindsay reviews the case of Steven Neary and the essential practice points identified for PCTs and local authorities.

NHS Future Forum report - Better late than never?

Mon, 13 Jun 2011 00:00:00 GMT

We look at the NHS Future Forum's recommendations to Government on how the Health and Social Care Bill might be improved, following the "listening exercise". Given the resounding opposition from many at the frontline of health in relation to this controversial Bill, we have awaited the recommendations with interest to see whether they amount to a quick polish or a complete overhaul.

Southern Cross Crisis - Implications for local authorities and PCTs

Wed, 08 Jun 2011 00:00:00 GMT

Local authorities, and PCTs commissioning Continuing Health Care, will need to keep a close eye on developments at Southern Cross. As the Group provides care for in the region of 37,000 residents (approximately 31,000 in the elderly care category) across over 750 care homes, the uncertainty over its continuing trading is likely to impact upon the vast majority (if not all) of local authorities and PCTs. Exposure will be greater in some regions than others but, particularly with out of area placements, there are unlikely to be any commissioning authorities who are completely untouched by the events. For some, the crisis potentially jeopardises the placements of hundreds of vulnerable adults for whom they are responsible.

Authority Update

Fri, 03 Jun 2011 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 3 June 2011. Items are set out by subject, with a link to where the full document can be found on the internet.

Health and Social Care Update - June 2011

Thu, 02 Jun 2011 00:00:00 GMT

Fri, 06 May 2011 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 6 May 2011. Items are set out by subject, with a link to where the full document can be found on the internet.

Authority Alert: Hung Councils and Strong Leaders - Once the count is completed

Thu, 05 May 2011 00:00:00 GMT

The strengthening of the position of Leader in the Local Government and Public Involvement in Health Act 2007 can give rise to real problems for councils where no party has an overall majority. In this article, Peter Keith-Lucas looks at the challenges of electing a Leader where the May 2011 local elections result in a balanced council.

Health and Social Care Update May 2011

Wed, 04 May 2011 00:00:00 GMT

Care and Compassion of the Elderly: is the NHS meeting this challenge?

Tue, 03 May 2011 00:00:00 GMT

In this article, Ceri Catton reviews a recent Healthcare Ombudsman’s report which calls for institutional changes in the NHS which was said to be failing to provide even basic standards of care to elderly patients. Ceri Catton examines the reasons for this and how the NHS can change its approach to elderly patients.

Claims case round-up April 2011

Tue, 03 May 2011 00:00:00 GMT

Nicola Pegg takes a look at the following cases: Jones v Kaney 2011; Annie Rachel Woodland (by her Father & Litigation Friend Ian Woodland) v Beryl Stopford (1) Deborah Maxwell (2) Swimming Teachers Association (3) (2011); Alexander v O’Brien (2011); XYZ v Portsmouth Hospitals NHS Trust (2011); and Tavenor Joe Douglas (A Litigation Friend William Robertson) v Matthew James O’Neill (2011).

Expert shopping – an end to 2 for 1 offers?

Tue, 03 May 2011 00:00:00 GMT

We will all be familiar with CPR 35.4, which states that no party may call an expert or put in evidence an expert’s report without the court’s permission. Where an expert has been identified and their report is disclosed post proceedings, then to change the identity of their expert, a party must apply to the Court.

Jackson goes forth: the end of 'no win, no fee', but what else?

Tue, 03 May 2011 00:00:00 GMT

29 March is remembered for several important events in history: the day on which the last US combat troops departed South Vietnam in 1973; the day in 1886 on which Dr John Pemberton brewed the first ever batch of Coca-Cola in his Atlanta back-yard; and the day, in 1981, that thousands of people ran, limped and sweated their way through the inaugural London Marathon. All notable occurrences, justly recorded and remembered. But for those of us defending NHS Trusts against clinical negligence actions, the date will be remembered for another reason: as the date the Government announcing the death knell for ‘no-win, no-fee’ CFAs which have been such a blight on the litigation landscape for the last decade or so.

Mon, 11 Apr 2011 00:00:00 GMT

Authority Update

Fri, 08 Apr 2011 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 8 April 2011. Items are set out by subject, with a link to where the full document can be found on the internet.

How to ensure your review of library services stands up to public scrutiny

Fri, 08 Apr 2011 00:00:00 GMT

Thu, 31 Mar 2011 00:00:00 GMT

Authority Update

Fri, 25 Mar 2011 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 25 March 2011. Items are set out by subject, with a link to where the full document can be found on the internet.

How to buy, what to buy – Revising the EU public procurement rules

Thu, 24 Mar 2011 00:00:00 GMT

The European Commission has issued a Green Paper (which can be viewed here) seeking views on the way in which the current EU procurement rules could be revised. Key themes include exploring ways to reduce the current complexities of the procurement rules, increasing cross border trade, achieving environmental and social policy objectives through procurement and improving access for SMEs to public contracts.

Mental Health Patient to have a public Tribunal hearing

Thu, 24 Mar 2011 00:00:00 GMT

To date mental health tribunal hearings in England have been held in private. Claire Bentley and Simon Lindsay report on the landmark decision allowing a mental health patient to have a public hearing of his application for discharge from hospital with members of the press and the public present.

Landmark decision in corporate manslaughter case

Wed, 23 Mar 2011 00:00:00 GMT

Management teams in councils up and down the land will remember the discussions that took place a couple of years ago, on the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007. Whereas previously, proof was needed that a “directing mind” of an organisation was personally guilty of manslaughter, now an organisation would be guilty of an offence if its activities are managed in way that causes a person’s death and amounts to a gross breach of a relevant duty of care. By focusing more on senior management actions (rather than those who lead the business) the Act ultimately makes it easier to prosecute organisations.

Local Authority Two Tier Code to be withdrawn

Wed, 23 Mar 2011 00:00:00 GMT

In a speech to the CBI, Communities Secretary, Eric Pickles has announced that the local authority two-tier code, ‘the Code of Practice on Workforce Matters in Local Authority Service Contracts’ (‘the Code’) is to be withdrawn. This development was widely anticipated following the withdrawal of the general public sector two-tier code last December. The withdrawal of the Code will have a major impact on local authority employers, but will also affect other public and private sector organisations involved in joint working arrangements with local authorities.

Authority Update

Fri, 11 Mar 2011 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 11 March 2011. Items are set out by subject, with a link to where the full document can be found on the internet.

Thu, 03 Mar 2011 00:00:00 GMT

Following on from the commitment made in the Spending Review 2010 and the recommendations of Lord Hutton in the interim report from the Independent Public Service Pensions Commissions (IPSPC), the government has today announced a consultation on the future of the Fair Deal pension policy.

Courts clarify responsibility of s.117 under MHA

Wed, 02 Mar 2011 00:00:00 GMT

Courts Clarify who is the Responsible Authority for the Purposes of s.117 Aftercare under the Mental Health Act 1983.

On 15 February 2011, the Court of Appeal provided clarity as to who the responsible authorities are for the purpose of s.117 aftercare under the Mental Health Act 1983 (the "Act") in the case of R (on the application of Hertfordshire County Council) v London Borough of Hammersmith & Fulham and JM [2011] EWCA Civ 77.

Repeal of the DRA – important change to regulations

Wed, 02 Mar 2011 00:00:00 GMT

The default retirement age (DRA) is due to be abolished next month. The government has today published new regulations on the transitional arrangements for the repeal of the DRA which dramatically change the previous transitional arrangements.

Wed, 09 Feb 2011 00:00:00 GMT

The Supreme Court has overturned the Court of Appeal’s decision in the LAML case on the application of the procurement rules to local authorities’ mutual insurance arrangements. In this article, we look at the implications of the decision for local authorities that are contemplating setting up new entities to share the delivery of services.

Health and Social Care Update - February 2011

Wed, 02 Feb 2011 00:00:00 GMT

Fri, 21 Jan 2011 00:00:00 GMT

Simon Lindsay reports on an important decision in the case of TTM –v- LB Hackney (2011) EWCA Civ 4, which causes pause for thought for any mental health professional involved in detaining patients under the Mental Health Act. The Court of Appeal considered whether an intrinsic defect in an application (whether or not the defect was made in good faith or not) meant that the patient was unlawfully detained from the moment the hospital managers exercised their powers or from when a court ordered the patient’s release.

When a landlord could be liable for a nuisance carried out by a trespasser

Thu, 20 Jan 2011 00:00:00 GMT

Case: Octavia Hill Housing Trust v Terri Brumby (2010) EWHC 1793 (QB)

Ms Brumby (Claimant), an assured tenant of Octavia Hill Housing Trust (Defendant) lives in a block of flats, her flat was on the ground floor. Entry to the flats is on the ground floor, above the claimant’s level, through a single communal door giving way to a communal hall and stairwell. In the same block in flat 14 on top the top floor lived a Ms Walker.

Authority Update

Fri, 14 Jan 2011 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the four weeks up to 14 January 2011. Items are set out by subject, with a link to where the full document can be found on the internet.

Health and Social Care Update - January 2011

Mon, 10 Jan 2011 00:00:00 GMT

Thu, 09 Dec 2010 00:00:00 GMT

In November 2010, the Information Commissioner handed down the first monetary penalty under the Data Protection Act 1998 (DPA). In doing so, the Information Commissioner's Office (ICO) has given a very clear signal to all public authorities in relation to the priority that must be given to data security.

Health and Social Care Update - December 2010

Mon, 06 Dec 2010 00:00:00 GMT

Authority Update

Fri, 03 Dec 2010 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 3 December 2010. Items are set out by subject, with a link to where the full document can be found on the internet.

Substantial fine handed to Local Authority for breach of the Data Protection Act

Wed, 01 Dec 2010 00:00:00 GMT

In handing down the first monetary penalty under the Data Protection Act 1998 (DPA) , the Information Commissioner's Office (ICO) has this week given a very clear signal to all public authorities in relation to the priority that must be given to data security.

Waste Watch - November 2010

Tue, 30 Nov 2010 00:00:00 GMT

Age discrimination matures

Fri, 05 Nov 2010 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 5 November 2010. Items are set out by subject, with a link to where the full document can be found on the internet.

Health and Social Care Update November 2010

Wed, 03 Nov 2010 00:00:00 GMT

Mesothelioma claims - an insurance “black hole” for local authorities?

Mon, 01 Nov 2010 00:00:00 GMT

The number of asbestos-related compensation claims being made in the UK is continuing to rise. Many local authorities are now receiving claims from teachers and pupils which relate to asbestos exposure at schools, as well as claims from maintenance workers who actually worked with asbestos. In this article, Adrian Neale looks at the implications for local authorities of a recent decision on insurance cover for mesothelioma claims.

Wed, 20 Oct 2010 00:00:00 GMT

In this month's edition we highlight the following items of interest:

Bribery Act 2010: Ministry of Justice consultation on draft guidance
Liquidated damages: High Court holds that a "commercially justifiable" clause was not a penalty and was enforceable
Revisions to the Technology and Construction Court Guide
Electronic disclosure of documents in litigation - new Practice Direction
Consolidated Building Regulations to come into force on 1 October
New agreement to improve health and safety on construction sites
International Chamber of Commerce issues revised Incoterms

Is it an inquest or a claim?

Wed, 20 Oct 2010 00:00:00 GMT

When preparing a statement for the Coroner, Mr A raised a concern that, although the cause of death of Mrs X was clostridium difficile, a review of her notes demonstrated that there may have been a missed opportunity to diagnose cancer. This was many months previously, but it was arguable that the delay in diagnosis had led to more extensive surgery with increased chances of infection (which had materialised), leading to antibiotics and ultimately c.diff.

Authority Update

Fri, 08 Oct 2010 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 8 October 2010. Items are set out by subject, with a link to where the full document can be found on the internet.

Ministry of Justice Summary of Rule 43 Reports and Responses

Thu, 07 Oct 2010 00:00:00 GMT

The Ministry of Justice has published, on 23 September 2010, its third summary of the reports by Coroners to it under Rule 43 of the Coroner’s Rules 1984 and the responses to those reports by the reported organisations. It bears thorough reading as it makes clear the trends in reporting by coroners and the issues requiring such reports.

Thu, 23 Sep 2010 00:00:00 GMT

The Health White Paper makes a commitment to move to a new system of control based on economic and quality regulation, and commissioning and payment by results, instead of national and regional management. At the same time, the Government has indicated a clear intention to significantly reduce the overall burden of regulation in both the health and social care sectors. Neil Grant examines the proposed regulatory changes, looking at the key objectives behind the reforms, how the new regulatory landscape will look and operate, and when the changes will come into effect.

HKRUK II (CHC) Ltd v Heaney

Thu, 16 Sep 2010 00:00:00 GMT

The High Court gave judgment this week in the long-running feud between Highcross, the owner of the prestigious Toronto Square development in Leeds, and neighbouring landowner Marcus Heaney. In a decision that is likely to cause nervousness amongst property developers, an injunction has been granted compelling Highcross to cut back part of its new scheme, despite the fact that it is completed and part of the affected area is already let to a tenant.

Click here to view the article (pdf)

A MARS a day helps you work...

Wed, 15 Sep 2010 00:00:00 GMT

The Social Partnership Forum (which comprises the Department of Health, NHS Employers and NHS Trade Union) published, on 2 September, a nationally applicable Mutually Agreed Resignation Scheme (MARS). The purpose is to assist Trusts in cost and workforce reduction, service redesign and efficiency needs. The scheme will allow employees to agree with their employer to leave Trust employment on specified terms.

We have prepared a briefing note which considers how in practice this will work and the options available. Click here to view.

Authority Update

Fri, 10 Sep 2010 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 10 September 2010. Items are set out by subject, with a link to where the full document can be found on the internet.

Commercial Dispute Resolution Update

Thu, 09 Sep 2010 00:00:00 GMT

This update is relevant to anyone interested in recent developments in the dispute resolution field.

Health and Social Care Update - September 2010

Wed, 08 Sep 2010 00:00:00 GMT

The Health White Paper - Unravelling the commissioning web

Wed, 08 Sep 2010 00:00:00 GMT

The Health White Paper is introducing radical changes in commissioning both in the creation of new commissioning bodies and how commissioning is to be carried out. In this article, John Chapman looks at three fundamental questions that are relevant to both commissioners and providers

Thu, 19 Aug 2010 00:00:00 GMT

In this edition we highlight the following recent developments of interest:

Extensions of time: causation, concurrent delay events and critical path analysis
"Best endeavours", "reasonable endeavours" and "all reasonable but commercially prudent endeavours" - is there a difference?
Adjudicator bias?
Retention of title clause ineffective where contract allowed "revolving stock" sales
Procure 21+ finally launched
Failure to finalise contract terms resulted in unlimited liability.

The Health White Paper “Equity and excellence – liberating the NHS”: the legal challenges

Thu, 05 Aug 2010 00:00:00 GMT

The publication of the Health White Paper “Equity and excellence – liberating the NHS” on 12 July 2010 has clearly set the direction of travel for the Coalition Government’s health reforms. This article provides an initial assessment of its proposals. It will be followed by a series of alerts, identifying the key legal issues as they crystallise.

Health and Social Care Update - August 2010

Sun, 01 Aug 2010 00:00:00 GMT

Authority Update

Fri, 30 Jul 2010 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 30 July 2010. Items are set out by subject, with a link to where the full document can be found on the internet.

Waste Watch - July 2010

Fri, 30 Jul 2010 00:00:00 GMT

All change: workforce implications of the Health White Paper

Wed, 28 Jul 2010 00:00:00 GMT

Julian Hoskins reports on how the NHS White Paper, published this month, impacts on workforce matters and highlights the legal requirements that are likely to be engaged as the proposals are implemented.

Collective agreements: what you see is not always what you (ultimately) get

Wed, 28 Jul 2010 00:00:00 GMT

Alec Bennett reviews the Court of Appeal's conclusion regarding collective agreement transfers under TUPE.

Redundancy Q and A

Wed, 28 Jul 2010 00:00:00 GMT

With the gloomy economic outlook and fears of a ‘double dip’ recession, redundancy is a topic which is currently taking centre stage, and there have also been several recent case law developments in this area. As a result, the employment team has been particularly busy dealing with redundancy issues, so Sarah Michael sets out the answers to some redundancy queries which might arise as a result of the recent Tribunal decisions.

Authority Alert: Capital investment cuts – the legal options

Fri, 16 Jul 2010 00:00:00 GMT

The Government’s recent announcement relating to the Building Schools for the Future capital programme will impact on current schemes and may be just one of similar statements yet to come reviewing funding for capital projects. In addition, authorities will themselves, in the light of the immense financial pressures they are facing, be actively reviewing commitments in the pipeline.

In this article, we discuss the impact of requirements or decisions to suspend, rescope or terminate any such projects and actions authorities should consider taking.

Authority Update

Fri, 16 Jul 2010 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 16 July 2010. Items are set out by subject, with a link to where the full document can be found on the internet.

Construction & Engineering Legal Update July 2010

Wed, 14 Jul 2010 00:00:00 GMT

In this month's digest we highlight the following developments of interest:

Contract management: National Audit Office Report on the performance of hospital PFI projects
Professional negligence: Overvaluation not negligent despite errors
Construction Projects: Recovering costs and losses from professional advisers
Time limit for making claim for loss and expense held to be a condition precedent.
Entire agreement clause did not prevent rectification
Why you should question offers which seem too good to be true
Withdrawal of Part 36 offer
74 hours delay in delivering Decision made adjudicator's Decision unenforceable
The importance of complying with contractual notice provisions

Construction Projects: Recovering costs and losses from professional advisers

Wed, 14 Jul 2010 00:00:00 GMT

Do you employ construction contractors? Are you facing claims for more money from construction contractors on your building projects? Are your professional advisers responsible for your losses?

Contract management: National Audit Office Report on the performance of hospital PFI projects

Mon, 12 Jul 2010 00:00:00 GMT

The National Audit Office has published a report on the performance of the maintenance and support services under PFI contracts and how they are managed by NHS Trusts.

Whilst the report is on hospital PFI contracts, it contains some findings and recommendations which will be of relevance to PFI contracts in most sectors. In this article we summarise the report and comment on issues which arise.

Erb's Palsy Litigation - the tide continues to turn

Thu, 08 Jul 2010 00:00:00 GMT

Ed Duckworth looks at two recent cases of shoulder dystocia and the possible causes of the majority of obstetric brachial plexus injuries.

Liverpool Care Pathway

Thu, 08 Jul 2010 00:00:00 GMT

In this article Hannah Taylor explores the Liverpool Care Pathway ("The LCP") refining the core principles surrounding end of life care.

Scores on the doors

Thu, 08 Jul 2010 00:00:00 GMT

Continuing her series of articles on Patient Safety, Joanna Lloyd summarises the findings of the NHS Inpatient Survey 2009 from results published by CQC on 19th May 2010.

Wed, 30 Jun 2010 00:00:00 GMT

David Widdowson explains the options available to employees when summer tensions may result in tensions in employee relations.

Waste Watch

Wed, 30 Jun 2010 00:00:00 GMT

Authority Update

Fri, 18 Jun 2010 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 18 June 2010. Items are set out by subject, with a link to where the full document can be found on the internet.

Insurance and Financial Services Update

Mon, 14 Jun 2010 00:00:00 GMT

This update is relevant to anyone with an interest in the field of insurance or financial services.

Construction & Engineering Legal Update

Fri, 11 Jun 2010 00:00:00 GMT

In this month's digest we highlight the following developments of interest:

Contract formation: "Subject to contract" and contractual intention
Credit crunch causes loss of profits claim to fail
Main contractor liable for subcontractor's failure to put in place and implement safe systems
Inadequate warning did not oust the warranty of fitness for purpose
Quantifying whole life carbon dioxide emissions of buildings
Severability and enforcement of adjudicators' decisions
Arbitration: Will an application for an extension of time for service of a defence in court proceedings amount to a "step in the proceedings"?

The first three months

Thu, 10 Jun 2010 00:00:00 GMT

This article focuses on the application of the Definitive Guideline in cases concerning health and safety offences causing death (not on Corporate Manslaughter Act offences) and, in particular, those concerning public bodies.

Health and Social Care Update June 2010

Wed, 09 Jun 2010 00:00:00 GMT

Construction and Engineering Legal Update

Thu, 06 May 2010 00:00:00 GMT

In this month's digest we highlight the following developments of interest:

The new Bribery Act - avoid criminal conviction for "failing to prevent bribery"
Termination of contracts: deciding on grounds and drafting termination notices
Interest on late payment of commercial debts
Adjudication: "Multi-party joinder" and "Tolent" costs clauses
The Third Parties (Rights against Insurers) Act 2010
Adjudication: an adjudicator's decision not to address a significant issue meant his award was not enforceable
30 day payment clauses in Government contracts
E-tendering in public procurement

Contractual termination, instead of rescission, costs Shell USD15m

Thu, 06 May 2010 00:00:00 GMT

The High Court decision in Shell Egypt West Manzala GMBH and anor v Dana Gas Egypt Ltd (formerly Centurion Petroleum Corporation) is a reminder that parties to a contract should be careful when deciding the grounds on which to terminate a contract and when drafting termination notices.

The Bribery Act 2010: avoid criminal conviction for "failing to prevent bribery"

Thu, 06 May 2010 00:00:00 GMT

The Bribery Act ("the Act") has received Royal Assent, and is likely to come into force in October this year. The Act consolidates previous bribery laws, and creates a new criminal offence which will be of concern to many: "Failure of commercial organisations to prevent bribery".

We have written a short article on the new offence, the defence of having "adequate procedures" in place, and guidance on adequate procedures.

The Third Parties (Rights against Insurers) Act 2010

Thu, 06 May 2010 00:00:00 GMT

The Third Parties (Rights Against Insurers) Act 2010 ("the Act") has received Royal Assent. The Act makes changes to the Third Parties (Rights Against Insurers) Act 1930 ("the 1930 Act"). A commencement date has yet to be fixed. In this article we summarise the 1930 Act and the changes made to it. The changes are designed for the most part to make it easier for a third party to claim directly against the liability insurers of an insolvent insured.

Health and Social Care Update May 2010

Wed, 05 May 2010 00:00:00 GMT

Health Alert: Detailed Guidance for the Dry-Run of External Assurance on the Quality Reports

Tue, 04 May 2010 00:00:00 GMT

Monitor has recently issued a detailed guidance for the Dry-Run of External Assurance on Quality Reports. The guidance sets out the requirements of Foundation Trusts and their Auditors, and gives details of the criteria that Monitor require Foundation Trusts to be judged against.

Waste Watch - April 2010

Fri, 30 Apr 2010 00:00:00 GMT

Commercial Dispute Resolution Update

Thu, 29 Apr 2010 00:00:00 GMT

This update is relevant to anyone interested in recent developments in the dispute resolution field.

Contract formation: Letters of intent, "subject to contract" and waiver by conduct

Tue, 06 Apr 2010 00:00:00 GMT

The Supreme Court on appeal from the Court of Appeal, has given an important judgment in RTS Flexible Systems Limited v Molkerei Alois Müller Gmbh & Company KG (UK Production) ("RTS"). This will be of relevance to parties who continue works after the expiry of a letter of intent but before a formal written contract is finalised, and to those who intend to rely on "subject to contract" and "counterparts" clauses in contracts.

In this article we summarise the facts and issues in the case, and provide some learning points to consider when dealing with these areas in the future.

Drafting "pay when paid" clauses which are effective upon upstream insolvency

Tue, 06 Apr 2010 00:00:00 GMT

The Court of Appeal has handed down a judgment, agreeing with a decision in the Technology and Construction Court, which serves as a reminder that, to be effective, exclusion clauses need to be carefully and very clearly drafted, and that contracts should be reviewed following changes in legislation.

Settling construction disputes - some points to consider

Tue, 06 Apr 2010 00:00:00 GMT

There are many factors to address when settling any dispute, including the parties to be bound, dealing with any formal proceedings, payment provisions, the scope of the settlement, costs and interest. In this note we highlight some particular points to consider when settling construction disputes.

The Equality Bill: Impact on the Construction sector

Tue, 06 Apr 2010 00:00:00 GMT

This article highlights the proposed change in the law in respect of “reasonable adjustments”, and draws attention to proposals in relation to procurement by public authorities.

Health and Social Care Update April 2010

Thu, 01 Apr 2010 00:00:00 GMT

New Performers Lists Directions: PCT List Management Procedures due for Review

Thu, 01 Apr 2010 00:00:00 GMT

The Secretary of State has issued Directions to PCTs which require PCTs to review and implement a range of procedures in relation to the management of Medical, Dental and Ophthalmic Performers Lists.

The Directions require PCTs to undertake a series of reviews by 1 July 2010, to implement the relevant procedures at the earliest opportunity, but no later than 31 March 2011, and to continually undertake reviews moving forward.

To assist PCTs, we have produced a short guide to the Directions explaining what PCTs need to do now and over the next 12 months.

Harassment: an update and a look to the future

Commercial Dispute Resolution Update

Mon, 01 Mar 2010 00:00:00 GMT

This update is relevant to anyone interested in recent developments in the dispute resolution field.

Government Announcement – Pleural Plaques

Mon, 01 Mar 2010 00:00:00 GMT

The Government will not be reinstating compensation for Pleural Plaques. They have stated, however, that claimants with ongoing cases will receive one-off payments. Adrian Neale discusses the implications of the decision.

Waste Watch - February 2010

Sun, 28 Feb 2010 00:00:00 GMT

Authority Update

Fri, 26 Feb 2010 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 26 February 2010. Items are set out by subject, with a link to where the full document can be found on the internet.

Court of Appeal Reverses EAT Decision

Wed, 24 Feb 2010 00:00:00 GMT

Tue, 23 Feb 2010 00:00:00 GMT

Thu, 04 Feb 2010 00:00:00 GMT

Lord Justice Jackson produced the final report into his review of civil litigation costs on the 14 January 2010. This contains a broad range of proposals for reform.

The main recommendations of the report focus on personal injury cases but much of what is proposed will apply to, and could affect, all insurers.

Kalas v Farmer: the perils of taking direct action to recover unoccupied property

Thu, 04 Feb 2010 00:00:00 GMT

Social Landlords are under increasing pressure to deal with unoccupied property promptly and one of the difficult issues they face is if and when they can treat a property as abandoned.

Health and Social Care Update - February 2010

Wed, 03 Feb 2010 00:00:00 GMT

Public Procurement - Working for the Man: Remedies: a new era

Wed, 03 Feb 2010 00:00:00 GMT

The European Remedies Directive has now been implemented into UK law. There is much talk of the new remedy of “ineffectiveness” and the automatic injunction. How will this change the face of procurement litigation?

Are you ready for the Carbon Reduction Commitment (CRC)?

Tue, 02 Feb 2010 00:00:00 GMT

The Carbon Reduction Commitment (CRC) is a new Government backed mandatory emissions trading scheme for the United Kingdom which commences in April 2010 and is aiming to deliver significant emissions reductions in relation to carbon dioxide levels by 2020.

If you purchase electricity through half hourly meters (HHM) you will need to register for the scheme and your electricity usage will dictate the extent you participate in the scheme - full participation in the CRC will be potentially onerous to those not already aware of the scheme.

Contract review: How effective are your contracts? - Legal challenges and opportunities for smarter government and operational efficiency

Mon, 01 Feb 2010 00:00:00 GMT

In this fifth article looking at the legal challenges facing public sector organisations to deliver Smarter Government and Operational Efficiency, we consider the significant efficiency savings to be made through contract review. Whilst some efficiency savings take time to deliver and can require major restructuring of services or new procurements, others can produce much quicker results.

Waste Watch - January 2010

Sun, 31 Jan 2010 00:00:00 GMT

Authority Update

Fri, 29 Jan 2010 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 29 January 2010. Items are set out by subject, with a link to where the full document can be found on the internet.

Construction and Engineering Legal Update January 2010

Thu, 28 Jan 2010 00:00:00 GMT

This Legal Update contains brief details of cases and other developments of interest which have been published in the last month.

If you require any further information about any of the items mentioned, or if you have been forwarded this update by a colleague and would like to receive it direct, please contact David Kirkpatrick , Associate Solicitor and Professional Support Lawyer for the Construction & Engineering Department.

Goldacre v Nortel - welcome clarity on when administrators must pay rent for use of premises

Wed, 27 Jan 2010 00:00:00 GMT

Goldacre v. Nortel - welcome clarity on when administrators must pay rent for use of premises

The recent High Court case of Goldacre v. Nortel has helped to clarify the thorny issue of when a landlord can require the administrators of a company to pay rent for leasehold premises they use for the benefit of the administration.

Mr Justice Jackson I presume? The report is here and could be good news for Defendants (or at least worse news for Claimant lawyers...)?

Wed, 27 Jan 2010 00:00:00 GMT

In his article, Matthew Trinder looks at 10 of the most relevant highlights from the Jackson Report published on 14 January 2010.

Shared Services – Drivers, Challenges and Options

Mon, 25 Jan 2010 00:00:00 GMT

The term “shared services” is increasingly being used in the context of local authorities and health bodies to refer to collaboration between different autonomous public sector organisations which is designed to improve efficiency/reduce costs/fight off enforced restructuring. It is also often used in the context of public sector bodies collaborating with each other in order to procure a private sector partner for the provision of some services through outsourcing or the delivery of asset schemes. Regardless of the context used, the pressure on public authorities to collaborate is increasing. The need to find further efficiency savings will inevitably force organisations to look again at the opportunities to deliver services more effectively.

Update - Transitional arrangements for the HESC Chamber

Thu, 21 Jan 2010 00:00:00 GMT

The Family Health Services Appeals Authority was abolished on 18 January 2010 and its functions transferred to the Health, Education and Social Care (HESC) Chamber of the First-tier Tribunal. This Update informs PCTs of the transitional arrangements for cases that are pending on the date of transfer and for new cases after that date, and advises them on the practical steps that they should take.

Waste Alert - Commons Committee calls for tougher targets

Thu, 21 Jan 2010 00:00:00 GMT

The House of Commons Environment, Food & Rural Affairs Committee has published a report that is highly critical of the Government's Waste Strategy and DEFRA’s support for waste authorities. The Committee condemns DEFRA for focusing disproportionately on domestic waste, which contributes less than 10 per cent of all waste, while omitting firm targets for the commercial and industrial sectors which produce around a quarter of all waste. It comments that vague ambitions and rhetoric must be replaced urgently with firm action plans.

The Jackson Report on costs - implications for public bodies

Our regular round-up of noteworthy cases

Thu, 14 Jan 2010 00:00:00 GMT

This month we look at the following cases:

Fitzroy Robinson Limited v Mentmore Towers Limited and others [2009] EWHC 3070

Robert Eric Spencer v Wincanton Holdings Ltd [2009] EWCA Civ 1404

Sampla v Rushmoor Borough Council [2008] EWHC 2616

Witness for the Defence. Jackie Linehan's guide should be given to your clinicians or others before they are called to give evidence in Court

Thu, 14 Jan 2010 00:00:00 GMT

You have been advised that you will be going to court to give evidence on behalf of a NHS Trust, what do you need to know? Questions you may want to ask but feel afraid to do so!

Property & Asset Rationalisation - Legal Challenges and Opportunities for Smarter Government and Operational Efficiency

Mon, 11 Jan 2010 00:00:00 GMT

In this third article looking at the legal challenges facing public sector organisations to deliver Smarter Government and Operational Efficiency, we consider property. In these times of economic efficiencies, there is one very clear message coming through from Government: “Property is important!”

Update - The transfer of the Family Health Services Appeal Authority (FHSAA) to the Tribunals Service from January 2010

Thu, 07 Jan 2010 00:00:00 GMT

The functions of the FHSAA will transfer to the Health, Education and Social Care (HESC) Chamber of the First-tier Tribunal in January 2010. This article summarises the effect of the changes for PCTs' List Management functions and activities, sets out their practical implications, and advises PCTs on the steps that they should now take in light of these changes.

Commercial Dispute Resolution Update

Tue, 05 Jan 2010 00:00:00 GMT

This update is relevant to anyone interested in recent developments in the dispute resolution field.

Health and Social Care Update - January 2010

Tue, 05 Jan 2010 00:00:00 GMT

Authority Update

Thu, 31 Dec 2009 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the three weeks up to 31 December 2009. Items are set out by subject, with a link to where the full document can be found on the internet.

Wed, 16 Dec 2009 00:00:00 GMT

The High Court of Justice has ruled that Monitor’s interpretation of what constitutes private charges for the purposes of the private patient cap, as set out by Monitor in the NHS Foundation Trust Financial Reporting Manual 2009/10, is incorrect.

Service Restructuring - Legal Challenges and Opportunities for Smarter Government and Operational Efficiency

Mon, 14 Dec 2009 00:00:00 GMT

Public authorities are continually reviewing the way in which they deliver services and the scale and scope of such services. Seeking continually to improve the quality and effectiveness of services is an ongoing and expected function of all bodies delivering services and support to the public. But the current intense financial pressures are driving authorities to look much more fundamentally at the way in which they configure and deliver their services.

There are a number of important legal issues that need to be borne in mind when such reviews are undertaken and this Alert seeks to highlight these and offer some signposts for assistance.

Authority Update

Fri, 11 Dec 2009 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 11 December 2009. Items are set out by subject, with a link to where the full document can be found on the internet.

Pre-Budget Report Alert: Legal Challenges and Opportunities for Smarter Government and Operational Efficiency

Wed, 09 Dec 2009 00:00:00 GMT

The Pre-Budget Report, along with the supporting Operational Efficiency Programme and Smarter Government reports, sets the agenda for radical reform of public service delivery by identifying a number of areas where organisations must improve. In this Alert, we provide an overview the legal challenges facing both the Local Government and the Health sectors. Over the next few weeks we will be providing more in-depth analysis of the issues and opportunities from the seven key legal areas arising from the proposed transformation of the public sector.

Procurement Alert - New European procurement regime thresholds

Tue, 08 Dec 2009 00:00:00 GMT

Are you ready for the Carbon Reduction Commitment (CRC)?

Fri, 04 Dec 2009 00:00:00 GMT

The Carbon Reduction Commitment (CRC) is a new Government backed mandatory emissions trading scheme for the United Kingdom which commences in April 2010.

Commercial Dispute Resolution Update

Tue, 01 Dec 2009 00:00:00 GMT

This update is relevant to anyone interested in recent developments in the dispute resolution field.

Construction and Engineering Legal Update

Tue, 01 Dec 2009 00:00:00 GMT

Welcome to the Bevan Brittan Construction and Engineering Update, as at 1 December 2009. This Legal Update contains brief details of cases and other developments of interest which have been published in the last month.

Health and Social Care Update - December 2009

Tue, 01 Dec 2009 00:00:00 GMT

Thu, 19 Nov 2009 00:00:00 GMT

From chamois leather to sham contracts...

The Court of Appeal, in the recent case of Autoclenz Ltd v Belcher and Others has revisited the much discussed issue of the importance of express contractual provisions in determining an individual's status as an employee, worker or self-employed contractor. Jane Wallenstein explains more.

Coleman v Attridge - EAT widens the scope of "associative" to any third party

Although the DDA prohibits discrimination in employment against a disabled person and harassment which relates to a disabled person’s disability, it does not expressly protect non-disabled individuals from discrimination or harassment based on their association with a disabled person. Chloe Edwards sets out the latest position in this long running litigation.

TSA Regulatory Framework – last chance to have your say

Tue, 17 Nov 2009 00:00:00 GMT

The new regulator of social housing, the Tenant Services Authority (“TSA”), has now published its proposed regulatory framework for social housing in England.

Authority Update

Fri, 13 Nov 2009 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 13 November 2009. Items are set out by subject, with a link to where the full document can be found on the internet.

CQC Registration - step onto the level playing field

Wed, 11 Nov 2009 00:00:00 GMT

All NHS provider organisations will need to submit applications for full registration with the Care Quality Commission ("CQC") between 4 and 29 January 2010 as the regulator takes the next steps towards a single regulatory system across both the public and independent health sectors.

Authority Alert – Confidentiality clause does not bar disclosure of contract

Thu, 05 Nov 2009 00:00:00 GMT

Peter Keith-Lucas considers the implications for local authorities of the Administrative Court's decision in Veolia ES Nottinghamshire Ltd v Nottinghamshire CC that local electors and other interested parties are entitled to inspect and make copies of contract documents that are related to the council’s accounts to be audited, and that that right overrides any express confidentiality obligations in the contract.

Commercial Dispute Resolution Update

Thu, 05 Nov 2009 00:00:00 GMT

This update is relevant to anyone interested in recent developments in the dispute resolution field.

Tue, 06 Oct 2009 00:00:00 GMT

Our regular update of recent cases by Georgia Ford, including extensions of time for serving Claim Forms, CFA success fees and excluding a clinician from the workplace.

Health and Social Care Update - October 2009

Tue, 06 Oct 2009 00:00:00 GMT

Service re-deemed?

Tue, 06 Oct 2009 00:00:00 GMT

We have seen a number of new cases arising from late service of Claim Forms and this summary is intended to provide some clarity into an area which has seen too much needless change in the writer's view.

SUIs – getting the FOIA disclosure balance right

Tue, 06 Oct 2009 00:00:00 GMT

Requests under the Freedom of Information Act 2000 (FOIA) for disclosure of Serious Untoward Incident reports (SUIs) and, in particular the witness statements collected as part of SUI investigations, have become an increasingly common occurrence.

The Coroners and Justice Bill

Tue, 06 Oct 2009 00:00:00 GMT

Consideration & Review.

The NHS Constitution

Tue, 06 Oct 2009 00:00:00 GMT

An Overview of the "new" Constitutional Framework.

Authority Update

Fri, 02 Oct 2009 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 2 October 2009. Items are set out by subject, with a link to where the full document can be found on the internet.

Commercial Dispute Resolution Update

Thu, 01 Oct 2009 00:00:00 GMT

This update provides brief details of recent case law, legislation and other practice and procedural developments relevant to those within the commercial dispute resolution field.

Procurement Update - September 2009

Mon, 28 Sep 2009 00:00:00 GMT

This update contains brief details of recent news, legislation, cases and other developments relevant to those involved in procurement work.

Further ECJ ruling on carry over of annual leave and sickness

Fri, 25 Sep 2009 00:00:00 GMT

The ECJ have delivered a body blow to employers already reeling from the Stringer decision, by reconfirming that the Working Time Directive does not prevent national legislation or practices allowing a worker to take annual leave during sick leave, and then going one step further by holding that where that worker does not wish to do so the annual leave must be granted in a different period, if necessary outside the annual leave period. Jane Wallenstein explains more.

Heyday: High Court issue decision on the legality of the UK Age Regulations

Fri, 25 Sep 2009 00:00:00 GMT

As we reported on 5 March 2009 the European Court of Justice delivered its opinion in the case of The Incorporated Trustees of the National Council on Ageing (Age Concern England) v Secretary of State for Business Enterprise and Reform (known as the ‘Heyday case’) on whether or not the UK Government has correctly implemented the EC Equal Treatment Framework Directive (“the Directive”).

News Round-up

Fri, 25 Sep 2009 00:00:00 GMT

Raj Basi reports on the latest developments in employment law including details of new guidance on the employment of children and a new Acas Code on time off for trade union duties; the launch of the consultation on the proposal to introduce gender pay reporting for private sector employees with more than 250 employees, the impending move of the East London Tribunal and a summary of the Court of Appeal’s decision in Aegon v Roberts.

Pensions Update

Fri, 25 Sep 2009 00:00:00 GMT

In this month’s article, Christine Johnston reports on the Local Government Employer’s Organisation (the ‘LGE’) call for a return to a 2 year vesting period in the Local Government Pension Scheme and gives a summary of the Court of Appeal’s decision in the case of Booth v Oldham MBC.

When must consultations start in redundancies?

Fri, 25 Sep 2009 00:00:00 GMT

Following on from the Advocate General's Opinion back in April, the ECJ has now handed down its decision in the case of Akavan Erityisalojen Keskusliitto AEK ry and Others v Fujitsu Siemens Computers Oy, clarifying a number of issues concerning the obligation to inform and consult employees about collective redundancies under the Collective Redundancies Directive (No.98/59) . Julian Hoskins reports.

Authority Update

Fri, 18 Sep 2009 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 18 September 2009. Items are set out by subject, with a link to where the full document can be found on the internet.

Practical Tips on Effective Debriefing

Thu, 17 Sep 2009 00:00:00 GMT

If an unsuccessful bidder requests a debriefing, contracting authorities are under a duty to give reasons for their decision...

Authority Update

Fri, 04 Sep 2009 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 4 September 2009. Items are set out by subject, with a link to where the full document can be found on the internet.

New Registration System of Health and Adult Social Care

Wed, 02 Sep 2009 00:00:00 GMT

The regulation the health and social care sector has never been as much in the public eye, for example the attention given to the failings at the Mid Staffordshire Foundation Trust. There is also a new regulator, the Care Quality Commission (“CQC”), for the first time charged with ensuring essential levels of safety and quality across the entire health and social care sectors.

Commercial Dispute Resolution Update

Tue, 01 Sep 2009 00:00:00 GMT

This update provides brief details of recent case law, legislation and other practice and procedural developments relevant to those within the commercial dispute resolution field.

Health and Social Care Update - September 2009

Tue, 01 Sep 2009 00:00:00 GMT

This update prepared by Claire Benltey contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

Authority Update

Fri, 21 Aug 2009 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 21 August 2009. Items are set out by subject, with a link to where the full document can be found on the internet.

Claims Online - Bevan Brittan submissions to the Jackson Civil Litigation Costs Review

Tue, 18 Aug 2009 00:00:00 GMT

Bevan Brittan submissions to the Jackson Civil Litigation Costs Review

Claims Online - Cases update

Tue, 18 Aug 2009 00:00:00 GMT

Excessive questioning and delay by Trial Judge, Limitation discretion in Sex Abuse cases and Malicious Falsehood

Claims Online - Human Rights decision in Rabone v Pennine Care NHS Trust [2009]

Tue, 18 Aug 2009 00:00:00 GMT

The House of Lords decision of Savage v South Essex Partnership NHS Foundation Trust [2008] UKHL 74 on 10 December 2008 left ambiguity regarding the application of Article 2 (ECHR) in relation to non-detained patients.

Court of Appeal guidance on construction of notices to quit

Fri, 14 Aug 2009 00:00:00 GMT

The Court of Appeal has recently given guidance on the construction of a notice to quit a joint periodic tenancy which gave alternative dates for the tenancy to expire and which was given by only one of the two joint tenants. The decision usefully highlights matters that housing associations should consider when drafting a notice to quit or where they receive a notice from a tenant.

Employment Eye - 4 Day Week and Short-time Working – Unintended Consequences for Pension Schemes

Fri, 14 Aug 2009 00:00:00 GMT

In the economic downturn, as a means of avoiding redundancies some employers are introducing a 4 day week or short term working involving changes to employees’ working hours and salaries (permanently or for a limited period ) and even “sabbatical “ periods of unpaid leave. While this is a commendable solution in difficult times it is not without its risk from a pension’s perspective. Christine Johnston explains more.

Employment Eye - EAT discrimination update

Fri, 14 Aug 2009 00:00:00 GMT

Perhaps because of the poor weather, the last month has seen the dissemination of not one but two important judgments from the EAT. One dealing with whether or not a failure to make a reasonable adjustment to avoid dismissing an employee was sufficient to render the dismissal itself an act of discrimination and the other considering the circumstances in which an individual providing work for a third party who is not their employer is protected from race discrimination by the third party or its employees. Mugni Islam-Choudhury explains more.

Employment Eye - It’s no sacrifice …

Fri, 14 Aug 2009 00:00:00 GMT

Salary sacrifice schemes have been the cause of sleepless nights for HR professionals for many years. Couple this with the fact an employer must now continue to provide non cash benefits during an employees entire maternity leave and it’s a long time ‘til dawn. Tim Woodward takes a closer look at this tricky area of employment law.

Employment Eye - News Round-up

Fri, 14 Aug 2009 00:00:00 GMT

Sara Touzel reports on the latest developments in employment law including the gender pay gap, the government review of the default retirement age, an update on swine flu and the recently published ACAS annual report.

Payments by mistake - safeguards for banks

Thu, 13 Aug 2009 00:00:00 GMT

Banks must ensure there are adequate safeguards in place for dealing with payments made by mistake. A bank may be liable in restitution where it has credited a mistaken payment to a customer's account.

Does Rabone reveal all?

Tue, 11 Aug 2009 00:00:00 GMT

Since the Savage v South Essex NHS Trust [2008] UKHL 74 judgment last year left ambiguity regarding the application of article 2 in relation to non-detained patients, the case to clarify the issue has been long awaited and came recently with the handing down of the judgment of Rabone v Pennine Care NHS Trust [2009] EWHC 1827 (QB).

Authority Update

Fri, 07 Aug 2009 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 7 August 2009. Items are set out by subject, with a link to where the full document can be found on the internet.

Claims Online - Access to Justice – is the price too high to be just?

Thu, 30 Jul 2009 00:00:00 GMT

The summer is upon us, the England cricket team have beaten Australia at Lords, and potential readers of the Lord Justice Jackson Review of Civil Litigation Costs may be forgiven for reaching for the Pimms rather than this 679 page tome. However, those who favour summer idling will miss out on an interesting and important analysis of the relationship between costs and access to justice in clinical negligence.

Claims Online - Cases Update

Thu, 30 Jul 2009 00:00:00 GMT

A round-up of recent cases by Nicola Robinson and Jonathan Fuggle including Part 36, wasted costs and CFAs.

Claims Online - Claims arising from the misdiagnosis of breast cancer

Thu, 30 Jul 2009 00:00:00 GMT

Breast cancer affects more than 1 in 10 women (and a very small number of men) and is one of the most common causes of medical negligence actions. Breast cancer claims arise mainly from a failure to diagnose and treat, but occasionally also from wrongful diagnosis (ie false positives).

Authority Update

Fri, 24 Jul 2009 00:00:00 GMT

This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 24 July. Items are set out by subject, with a link to where the full document can be found on the internet.

Court of Appeal hand down judgment in Kulkarni v Milton Keynes Hospital NHS Foundation Trust and The Secretary of State for Health

Thu, 23 Jul 2009 00:00:00 GMT

The Court of Appeal has today handed down its decision in the case of Kulkarni v Milton Keynes Hospital NHS Foundation Trust and the Secretary of State for Health which deals with a doctor’s right to legal representation during internal disciplinary hearings.

Health & Social Care Update

As we reported in March 2009 the statutory disciplinary and grievances procedures refused to slip quietly into the night, following the introduction of the Employment Act 2008 and the new Acas Code of Practice.

Co-operation and Competition Panel – Dagenham Decision. Good News, But…….

Mon, 06 Jul 2009 00:00:00 GMT

The decision by the Co-operation and Competition Panel published 30 June 2009, on the face of it, is encouraging news for PCTs looking for merger options for their provider arms.

Mon, 08 Jun 2009 00:00:00 GMT

The case of Baby Peter, a 17 month old boy, who died on 3 August 2007 after suffering a fracture/dislocation of the thoracolumbar spine, has shocked and appalled society.

Fri, 05 Jun 2009 00:00:00 GMT

The use of the Retention of Employment (ROE) Model will be greatly restricted from 1 July 2009. This could have significant implications for all NHS Trusts and particularly for Foundation Trusts.

From 1 July 2009 access to the NHS Pension Scheme (NHSPS) will only be available for employees seconded under a ROE arrangement made after 13 January 2009 where specifically approved by the Secretary of State.

Thu, 07 May 2009 00:00:00 GMT

In allowing the appeal by a housing association against a county court decision to only grant a suspended possession order against a tenant sentenced to eight years for conspiracy to supply amphetamines and cocaine, the High Court (Knowsley Housing Trust v Prescott [2009] EWHC 924) has helpfully clarified the way in which the courts should be viewing the use of Ground 14 (Housing Act 1988, Schedule 2, Ground 14) claims by landlords against assured tenants.

This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the previous two weeks. Items are set out by subject, with a link to where the full document can be found on the internet.

Working for the man

Tue, 10 Mar 2009 00:00:00 GMT

Emily Heard and Laura Brealey set out how public procurement challenges can be made and offer practical guidance on how to go about them.

With kind permission from The Commercial Litigation Journal to reproduce.

Authority update

Fri, 06 Mar 2009 00:00:00 GMT

This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the previous two weeks. Items are set out by subject, with a link to where the full document can be found on the internet.

Commercial Dispute Resolution Update

Mon, 02 Mar 2009 00:00:00 GMT

Welcome to the Bevan Brittan Commercial Dispute Resolution Update for April 2009

Employment Eye Revaluation cap for final salary pensions reduced

Mon, 02 Mar 2009 00:00:00 GMT

From 6 April 2009 defined benefits pension schemes may reduce the cap for revaluing pensions for scheme leavers from 5% to 2.5% pa. Bevan Brittan's pension expert Christine Johnston takes a look at the schemes that will be affected and sets out a list of action points that will need to be completed, before 6 April, in readiness for this change.

Tue, 10 Feb 2009 00:00:00 GMT

Sharing information – access to health information of Individuals who are deceased

Tue, 10 Feb 2009 00:00:00 GMT

The records of a deceased individual are covered by entirely separate legislation – the Access to Health Records Act 1990, but is often the subject of a number of queries which Bevan Brittan receives from a range of health organisations.

Authority update

Fri, 06 Feb 2009 00:00:00 GMT

This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the previous two weeks. Items are set out by subject, with a link to where the full document can be found on the internet.

Commercial Dispute Resolution Update

Mon, 02 Feb 2009 00:00:00 GMT

Welcome to the Bevan Brittan Commercial Dispute Resolution Update for April 2009

Fri, 09 Jan 2009 00:00:00 GMT

This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the previous two weeks. Items are set out by subject, with a link to where the full document can be found on the internet.

EC relaxes use of the accelerated restricted procedure

Thu, 08 Jan 2009 00:00:00 GMT

Contracting authorities that are involved in major public projects over the next 24 months need to review their procurement arrangements following an announcement from the European Commission on 19 December 2008.

Procurement_alert.pdf

Health and social care update

Mon, 05 Jan 2009 00:00:00 GMT

The Housing Landscape winter 08/09

Mon, 05 Jan 2009 00:00:00 GMT

Legal intelligence for professionals in housing

Human rights law introduced without fanfare

Fri, 02 Jan 2009 00:00:00 GMT

The awaited extension of human rights to cover independent care home providers has been introduced.

Case updates

Tue, 23 Dec 2008 00:00:00 GMT

Talking Turkeys, Manual Handling and Bias.

Guidance on the temporary reduction of VAT

Tue, 23 Dec 2008 00:00:00 GMT

As of 1 December 2008 all new counsel fee notes should have VAT reduced to 15% as the tax point is the date of payment. Courtesy of Kingston Smith accountants please find a guide on the temporary VAT reduction to help you during the credit crunch!

Human Rights Ruling from the House of Lords

Tue, 23 Dec 2008 00:00:00 GMT

Jo Easterbrook and Julie Charlton on the House of Lords' judgment on Savage.

Authority update

Fri, 19 Dec 2008 00:00:00 GMT

This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the previous two weeks. Items are set out by subject, with a link to where the full document can be found on the internet.

DDA update, TUPE and UKBA news round-up

Wed, 17 Dec 2008 00:00:00 GMT

Raj Basi reports on the latest employment law developments, including an update on ‘associative’ discrimination, news of next year’s compensation limits, and some important further guidance from the Border Authority, on TUPE and immigration checks.

Don’t look back in anger: biggest lessons learned from 2008

Wed, 17 Dec 2008 00:00:00 GMT

This year has seen some seismic shifts in employment law, courtesy of a regular stream of headline decisions from the courts and tribunals. So how does the land lie now for employers? Sara Woffenden runs through the headline decisions from 2008, and assesses the impact of the year’s developments.

TUPE – can ignorance be a defence?

Wed, 17 Dec 2008 00:00:00 GMT

Marie-Claire Boyle reports on a decision which clarifies employers’ obligations to inform and consult employees under TUPE, where an employer believes (wrongly) that those obligations do not arise.

Authority update

Fri, 05 Dec 2008 00:00:00 GMT

This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the previous two weeks. Items are set out by subject, with a link to where the full document can be found on the internet.

Health and social care update

Mon, 01 Dec 2008 00:00:00 GMT

This Update the last of the year contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

Case updates

Mon, 24 Nov 2008 00:00:00 GMT

Jonathan Fuggle's round-up of recent cases including a case where the midwives mixed up the newborns of two mothers.

Complaints - What NHS Trusts need to know

Sun, 23 Nov 2008 00:00:00 GMT

Matthew Trinder and Claire Bentley provided an update on the Complaints Procedure: 'What NHS Trusts need to know'

Erb's Palsy Alert

Sun, 23 Nov 2008 00:00:00 GMT

A successful defence in the High Court suggests that the tide may have turned against "presumed negligence" in Shoulder Dystocia cases.

Authority update

Fri, 21 Nov 2008 00:00:00 GMT

This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the previous two weeks. Items are set out by subject, with a link to where the full document can be found on the internet.

Agency workers: piecing together the jigsaw

Mon, 17 Nov 2008 00:00:00 GMT

Over the past year, it has seemed like agency workers have hardly been out of the news. In 2008, we have seen a major decision on agency workers’ employment status, changes negotiated at a European level and, most recently, new domestic legislation in relation to agency workers’ sick pay. Jane Wallenstein draws together the various strands, and considers what you now need to know about your agency workers’ rights.

News round-up

Mon, 17 Nov 2008 00:00:00 GMT

Jodie Sinclair reports on the latest employment law news.

Workplace stress – easier for employees to claim?

Mon, 17 Nov 2008 00:00:00 GMT

Sara Woffenden considers a recent decision of the High Court which reviewed the requirements for employees bringing complaints of workplace stress.

New Acas draft Code of Practice published

Mon, 10 Nov 2008 00:00:00 GMT

Acas has published the latest draft of its Code of Practice, to come into effect on the repeal of the statutory disciplinary and grievance procedures in April 2009.

Authority update

Fri, 07 Nov 2008 00:00:00 GMT

This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the previous two weeks. Items are set out by subject, with a link to where the full document can be found on the internet.

Floodgates Remain Closed in Judicial Review Continuing Care Case

Thu, 06 Nov 2008 00:00:00 GMT

Floodgates Remain Closed in Judicial Review Continuing Care Case - R on the application of Mrs G v South West Strategic Health Authority and Others 2008 EWHC 2576 (Admin).

Fri, 10 Oct 2008 00:00:00 GMT

This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the previous two weeks. Items are set out by subject, with a link to where the full document can be found on the internet.

Fri, 12 Sep 2008 00:00:00 GMT

This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the previous two weeks. Items are set out by subject, with a link to where the full document can be found on the internet.

The Housing Landscape autumn 08

Mon, 08 Sep 2008 00:00:00 GMT

Legal intelligence for professionals in housing

Health and social care update

Mon, 01 Sep 2008 00:00:00 GMT

Artist’s Resale Right

Thu, 07 Aug 2008 00:00:00 GMT

When Lucian Freud’s 1995 portrait Benefits Supervisor Sleeping was sold
at auction in May this year by Christie’s in New York for £17.2m (reportedly to
Chelsea FC owner Roman Abramovich), it set a new world record price for the
sale of a work of art by a living artist.

More advantageous - Part 36 rules? Lisa Carver v BAA Plc [2008] EWCA Civ 412

Sun, 01 Jun 2008 00:00:00 GMT

The Claimant, Miss Carver, was an air hostess who suffered a ligament injury to her ankle after entering a defective lift on BAA Plc (“BAA”) premises on 31 March 2003.

Authority View Spring 2008

Sat, 01 Mar 2008 00:00:00 GMT

Legal intelligence for professionals in local government.

Bevan Brittan Contacts

Bevan Brittan's Francis Inquiry Briefings and Articles

Francis: best practice project

Meeting Francis? Inquiry implementation

Notice pay following a constructive unfair dismissal claim

The Court of Appeal have, in the case of Stuart Peters Limited v Bell, held that the calculation of the compensatory award in a constructive dismissal claim is different to that in an actual unfair dismissal claim. Anne Palmer explains more.