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14 October 2016
Issue: 7718 / Categories: Case law , Law digest , In Court
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NHS

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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