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04 February 2022 / Neil Parpworth
Issue: 7965 / Categories: Features , Constitutional law , Public
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Bullying allegations & the Ministerial Code

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Neil Parpworth looks at current Downing Street shenanigans through the lens of a previous legal challenge
  • Discusses the Ministerial Code and its application. Refers to alleged breach of Covid regulations in Downing Street.
  • Looks at the FDA trade union’s legal challenge to the PM’s exercise of discretion, following allegations the Home Secretary breached the Code.

Ministerial codes represent a means by which members of the executive can be made accountable for their conduct and behaviour in public office. They are commonplace in those countries influenced by the ‘Westminster’ model of government. The current version of the UK Ministerial Code was drawn up by the prime minister (PM) shortly after he succeeded Theresa May as primus inter pares. In keeping with his predecessor’s version, Boris Johnson’s Code declares, among other things, that: ‘Ministers should be professional in all their dealings and treat all those with whom they come into contact with consideration and respect.’

It further declares: ‘Harassing, bullying or other inappropriate or discriminating behaviour whenever it takes

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MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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