The far reaching changes proposed by the Health White Paper will have major implications for workforce management. Although the publication is short on detail, the changes that are being proposed clearly contemplate savings in manpower – but precisely how these are to be achieved remains to be seen. This article looks at five areas that will be of particular interest to HR teams.

Procurement Update - August 2010

Fri, 20 Aug 2010 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 moonths.

Construction & Engineering Legal Update August 2010

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.

Commercial Dispute Resolution Update

Tue, 06 Jul 2010 00:00:00 GMT

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

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 – the new sentencing guideline relating to fatal health and safety offences and corporate manslaughter

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

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.

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.