Law Society of England and Wales v Secretary of State for Justice & Anor [2010] EWHC 352 (QB) (26 February 2010)

Law Society of England and Wales v Secretary of State for Justice & Anor [2010] EWHC 352 (QB) (26 February 2010)

There is no relevant transfer of an economic entity retaining its identity from LCS to OLC for the purposes of Regulation 3 of TUPE 2006. Even if there were, Regulation 3(5) applies because this is an administrative reorganisation or transfer of administrative functions between public administrative authorities,...

Source-derived case information.

Citation
[2010] EWHC 352 (QB)
Parties
Claimant: The Law Society of England and Wales; First Defendant: The Secretary of State for Justice; Second Defendant: The Office for Legal Complaints
Jurisdiction
England and Wales
Judgment Date
26 February 2010
Procedural Posture
Judicial Review / Declaratory Relief / High Court First Instance Judgment
Outcome
Claim dismissed
Legal Topics
TUPE Regulations, Public Sector Employment Transfers, Legal Services Regulation, Cabinet Office Statement of Practice (cosop), Transfer of Undertakings, Statutory Interpretation
Employment Law Administrative Law Public Law TUPE Regulations Public Sector Employment Transfers Legal Services Regulation Cabinet Office Statement of Practice (cosop) Transfer of Undertakings +1 more

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Parties

The Law Society of England and Wales

Claimant

The Secretary of State for Justice

First Defendant

The Office for Legal Complaints

Second Defendant

Procedural Posture

Judicial Review / Declaratory Relief / High Court First Instance Judgment

Legal Issues

  1. 1 Whether the cessation of the Legal Complaints Service (LCS) and commencement of the Office for Legal Complaints (OLC) constitutes a transfer of an economic entity under Regulation 3 of TUPE 2006
  2. 2 Whether Regulation 3(5) of TUPE (administrative reorganisation exception) applies to exclude TUPE
  3. 3 Whether the Cabinet Office Statement of Practice (COSOP) applies to the transfer

Ratio Decidendi

There is no relevant transfer of an economic entity retaining its identity from LCS to OLC for the purposes of Regulation 3 of TUPE 2006. Even if there were, Regulation 3(5) applies because this is an administrative reorganisation or transfer of administrative functions between public administrative authorities, thereby excluding TUPE. COSOP does not apply as OLC is a new body with new functions, and the circumstances fall within the exceptions to COSOP. No declaratory relief is warranted.

Court Disposition

Claim dismissed

Orders

  • Declarations sought by the Law Society refused
  • No order for transfer of staff under TUPE or COSOP