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24 June 2022
Issue: 7984 / Categories: Case law , In Court , Law digest
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Law digests: 24 June 2022

Employment

R (on the application of British Medical Association and another) v Secretary of State for Defence [2022] EWHC 1262 (Admin), [2022] All ER (D) 27 (Jun)

The Administrative Court dismissed the British Medical Association’s claim for judicial review of the defendant Secretary of State’s decision to direct the government not to commence or fully implement s 192 of the Employment Rights Act 1996 which, if implemented in full, would have enabled service personnel to bring Employment Tribunal (ET) claims for causes of action including unfair dismissal. The court held that: (i) the defendant had fulfilled his duty to consider the commencement of s 192 ‘from time to time’ which, as recognised in R v Home Secretary ex p Fire Brigades Union [1995] 2 All ER 244, had merely required him to decide at intervals when the question should next be considered; (ii) the defendant, as an Army officer in the 1990s, had not made a material factual error, namely, that the service complaints system (SC), and the possibility of an Order

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MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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