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Law digest: 2 July 2010

01 July 2010
Issue: 7424 / Categories:
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Employment; Environment; Human rights; Costs

Employment

R (on the application of the Public and Commercial Services Union) v Minister for the Civil Service [2010] EWHC 1463 (Admin), [2010] All ER (D) 157 (Jun)

The relevant benefits available under the Civil Service Compensation Scheme  (CSCS) in respect of voluntary severance were protected by s 2(3) of the Superannuation Act 1972 in the same way as the similar benefits available in respect of compulsory severance were protected. It was nothing to the point that a civil servant had no right to insist on voluntary severance and that in voluntary severance cases the employing department had an option of which particular set of benefits to offer the civil servant. Further, the amount of a pension which became payable at an enhanced rate by reference to the additional period according to the terms of the CSCS would also be covered by a straightforward reading of s 2(3) in relation to each of conditions (a) and (b).

Environment

R (on the application of Ardagh Glass Ltd) v Chester City Council

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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