Local Government - July 2009
Welcome to the July edition of our e-Bulletin for local and
public authorities. This month’s newsletter features a special
report on setting up Academies.
We also look at consultation on forcing local authorities to
publish details of senior officer’s pay, the Business Rates
Supplements Act 2009, and cases on the “ex turpi causa” principle,
the definition of harassment in employers’ liability claims and
discriminatory school admissions policies. Our employment team
report on cases on holiday pay for those on long term sick leave,
victimisation through failure to pay a judgement debt and the high
profile litigation between Cheltenham Borough Council and its
former managing director. Weightmans commercial lawyers comment on
a recent case on repudiatory breach of contract and the meaning of
obligations to use “best” or “reasonable” endeavours. We look at
the procedural requirements for local authority prosecutions in the
light of a House of Lords decision, and offer a special update on
mental health law. We also include our regular Ethical Standards
Clinic and a digest of case law and new legislation in June
2009.
Special report – Academies
As the number of academies continues to grow, an increasing
number of local authorities are turning to Weightmans to guide them
through the academy start up process, and to provide the specialist
legal advice required across employment, property and education
law. Jessica Baden-Daintree, Karen English
and Eve Holt set out the relevant legal processes and the potential
pitfalls for Local Authorities.
“How much do you earn, then?”
The Government is consulting on proposals to force local
authorities to reveal details of senior officers’ pay. Graeme Creer describes the suggested changes to the
Accounts and Audit Regulations 2003, and wonders what purpose they
will serve.
Business Rates Supplements
The idea of allowing local authorities to levy a supplementary
rate to fund special projects is a good one, but the timing could
have been better. Graeme Creer looks in
detail at the Business Rates Supplements Act 2009, which received
the Royal Assent in July.
Ex turpi causa
Kerrie Gray suffered minor physical injuries in the Ladbroke
Grove rail crash in 1999 but then developed far more serious mental
problems. That led, in 2001, to him stabbing a stranger to death,
and his detention under the Mental Health Act 1983. Were the train
companies liable for his loss of earnings? Nick Peel reports on the House of Lords decision in
Kerrie Francis Gray v Thames Trains Limited and others.
Litigation - harassment
Has the Court of Appeal removed the requirement to prove conduct
of a criminal nature in civil proceedings for harassment?
Jane Price considers the apparent widening
of the definition of harassment by the Court of Appeal in Carlos
Allen v London Borough of Southwark and Lisa Ferguson v British Gas
Trading Limited and its potential impact in employer's liability
claims.
House of Lords rules on enforcement of claims for unpaid
holiday pay.
The House of Lords has now had its say on holiday entitlement
for those off work on long term sickness absence. Mark Landon considers the issues for employers
affected by absence and the approach they should take.
Employment - recruitment
A local authority lost its High Court case against a former
managing director after claiming she withheld a history of
depressive illness. Tim Lang looks at the
case of Cheltenham Borough Council v Christine Laird.
Failure to pay judgement debts could land employers in hot
water.
The Court of Appeal has decided that a failure to pay a Tribunal
award can amount to an act of victimisation, entitling the Claimant
to further compensation. Kim Abbott, writing
for Human Resources Magazine, explores the issues surrounding the
case of Rank Nemo (DMS) and others vs Coutinho.
Jewish faith school’s admissions policy was discriminatory
Latest developments in discrimination on grounds of religion.
Mandy Higgins, Associate in the Liverpool
team considers the decision in R on the Application of E v the
Governing Body of JFS and the Admissions Appeal Panel of JFS &
Others and R on the Application of E v The Office of the Schools
Adjudicator & Others [2009] concerning admission to a Jewish
school.
Repudiatory Breach
The High Court has recently looked at whether an exclusion
clause for a repudiatory breach can be relied upon when one of the
parties is seeking to use it to remove themselves from a contract.
Ian Vicary considers the impact of this case
on the drafting of commercial contracts.
Doing your “best”?
Many commercial contracts will contain an endeavours clause in
relation to some obligation, but what are you agreeing when you
promise to use your “best” or “reasonable endeavours? Laura Gittins considers the extent of the
obligations provided by these clauses.
Prosecution – the effect of procedural irregularities
The case of R v Clarke and McDaid serves as a reminder to any
prosecuting authority of the importance of ensuring that procedural
rules are followed. Hazel Padmore looks at
the decision of the House of Lords in this case, and reviews some
of the obligations on a prosecuting authority and the extent of the
powers of the court to allow irregularities or errors to be
rectified.
Mental Health
Our mental health update includes three
articles by David Hewitt: protecting vulnerable adults outwith the
Mental Capacity Act, changes to adult social care law and
disqualification from jury service for those with a mental
disorder.
Ethical Standards Clinic
In this month’s Ethical Standards Clinic,
Claire Lefort comments on lessons learnt from recent Appeal
decisions about procedures for member conduct hearings.
Cases and legislation
We highlight new cases and legislation of
interest to local authorities in June 2009.