LIST OF CASES / Law Society of England and Wales v Secretary of State for Justice & anor HC 2010

High Court (QBD) on 26th February 2010, reported at [2010] IRLR 407

NOTES

The Law Society of England and Wales v the Secretary of State for Justice (1) and the Office for Legal Complaints (2), High Court (QBD) on 26th February 2010, reported at [2010] IRLR 407

The full text judgment in this case is available free of charge on the BAILII website.

Representation:-

Andrew Stafford QC and Matthew Sheridan instructed by Hill Dickinson LLP for the Law Society, the Claimant

Paul Rose QC and Paul Nicholls instructed by the Treasury Solicitor for the Secretary of State for Justice, First Defendant

Christopher Jeans QC and Holly Stout instructed by Lawrence Graham LLP for the Office for Legal Complaints, the Second Defendant.

Authority for the proposition that:-

the TUPE regulations (the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246) will not apply when later in 2010 the new Office for Legal Complaints (OLC) replaces the Legal Complaints Service (LCS) in handling complaints against solicitors. LCS staff will therefore not automatically transfer to OLC, which is free to recruit as it wishes.

For relevant general notes see Transfer of business or undertaking/what is a ''relevant transfer''? and/or Transfer of business or undertaking/public sector code of practice and/or Acts of Parliament etc/Legal Services Act 2007

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prepared March 2010