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NHS

14 October 2016
Issue: 7718 / Categories: Case law , Law digest , In Court
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R (on the application of Justice for Health Ltd) v Secretary of State for Health [2016] EWHC 2338 (Admin), [2016] All ER (D) 87 (Sep)

The Administrative Court dismissed an application on behalf of a group of junior doctors for judicial review, challenging the defendant secretary of state’s adoption of a decision to introduce new contract terms and conditions for NHS employees. The court held that that decision fell within the scope of the secretary of state’s powers under the National Health Service Act 2006, and that he had not exercised any statutory power to compel employers within the NHS to introduce the proposed terms and conditions, in respect of which individual employers were free to negotiate with employees. Further, there had been no breach of the principles of transparency or good administration and the secretary of state’s decision had not been irrational.

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MOVERS & SHAKERS

Boies Schiller Flexner—Tim Smyth

Boies Schiller Flexner—Tim Smyth

Firm promotes London international arbitration specialist to partnership

Katten Muchin Rosenman—James Davison & Victoria Procter

Katten Muchin Rosenman—James Davison & Victoria Procter

Firm bolsters restructuring practice with senior London hires

HFW—Guy Marrison

HFW—Guy Marrison

Global aviation disputes practice boosted by London partner hire

NEWS
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
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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