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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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