Local Government - June 2009

Welcome to the June edition of our e-Bulletin for local and public authorities.

This month governance takes a back seat, and we focus on the nitty gritty of litigation, property and employment law. We comment on Lord Justice Jackson’s preliminary report of Civil Litigation Costs. We look at cases on limitation in sexual abuse claims, strict liability claims for faulty work equipment, and claims for injuries in the school playground. We offer an update on landlord and tenant law, and a report on a case about occupation in advance of works under letters of intent. We say goodbye to tolerated trespassers and take a look at intervention in the private housing sector through management orders. On the employment front, we look at the Equality Bill and decisions on constructive dismissal and the largest ever award for injury to feelings.

We also include our regular digest of case law and new legislation.
 

Litigation - Civil Litigation Costs Review

On the 8 May 2009, the preliminary report of Civil Litigation Costs was published by Lord Justice Jackson. The document invites comments by 31 July 2009 on a wide range of issues which arise in civil litigation. Rob Williams and Howard Dean outline Lord Justice Jackson’s proposals, which could make big changes to civil litigation practice.

Litigation – limitation and sexual abuse claims

We review two decisions on the limitation period in sexual abuse claims. These are the latest in a number of cases brought following the landmark decision of the House of Lords in A v Hoare. Bob Hetherington looks at Raggett v Society of Jesus Trust and Preston Catholic College Governors, and a case which also illustrates the importance of arguments around vicarious liability: Maga v Trustees of the Birmingham Archdiocese of the Roman Catholic Church.

Litigation – work equipment

Mrs Smith, a driver/carer, transported patients from their homes to a day centre. A ramp at a service user’s home crumbled, despite having been inspected periodically, and Mrs Smith was injured. She sued her employer, alleging that the ramp was “work equipment”. Peter Forshaw reports on the House of Lords decision in Smith v Northamptonshire County Council.

Boys will be boys – life in the playground

Andy Griffiths examines two recent decisions of the Court of Appeal in relation to school playground activities Orchard v Lee and Palmer v Cornwall County Council, and considers the implications for schools.

Landlord and tenant update

The current financial climate is putting a strain on relationships between landlords and tenants. Weightmans Property team discuss Orchard (Developments) Holdings PLC v Reuters (operating a break clause), applications for licence to assign and Scottish & Newcastle Plc v Raguz (recovery of former tenant arrears).

Letters of intent – use with caution!

Letters of intent can be a useful tool for contractors and other professionals in the construction industry to allow site access before formal contracts have been drawn up. However, the recent case illustrates the dangers of proceeding on the basis of these letters. David Tabinor, a partner in our Property team, considers this case.

The end of tolerated trespassers - goodbye at last!

The regulations bringing to an end tolerated trespassers came into force on the 20 May 2009. Sian Evans provides an overview of the new trespassing regulations.

Management Orders and the Housing Act 2004

The Housing Act 2004 gave local authorities a raft of new enforcement powers in the private housing sector including management orders. The 2006 regulations allow the authority to step into the shoes of a failing landlord or the owner of an unoccupied dwelling to renovate, manage and maintain the dwelling.  But are the new powers delivering on the ground? Joanne McCormack provides an overview of the legislation and its use to date.

Equality Bill

The long awaited Equality Bill has finally been published and is now on its way through the Parliamentary process. Mark Leach considers the impact of the Equality Bill on equal pay, discrimination by association, positive discrimination and the impact on both the public and private sectors.

Employment – the last straw

An employee resigned after periods of illness alleged to be induced by stress. He alleged that letters from his employer were “the last straw” amounting to constructive dismissal. Tim Lang looks at the decision in Wishaw & District Housing Association v Moncrieff where the EAT examined the principles underlying the “last straw” argument.

Injury to Feelings

A Claimant is awarded the largest ever injury to feelings award, totalling £33,500. Paul McFarlane Team reviews the Tribunal’s decision in Sturdy v Leeds Teachings Hospitals NHS Trust.

Cases and legislation

We highlight new cases and legislation of interest to local authorities in April and May 2009.