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04 February 2022 / Neil Parpworth
Issue: 7965 / Categories: Features , Constitutional law , Public
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Bullying allegations & the Ministerial Code

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Neil Parpworth looks at current Downing Street shenanigans through the lens of a previous legal challenge
  • Discusses the Ministerial Code and its application. Refers to alleged breach of Covid regulations in Downing Street.
  • Looks at the FDA trade union’s legal challenge to the PM’s exercise of discretion, following allegations the Home Secretary breached the Code.

Ministerial codes represent a means by which members of the executive can be made accountable for their conduct and behaviour in public office. They are commonplace in those countries influenced by the ‘Westminster’ model of government. The current version of the UK Ministerial Code was drawn up by the prime minister (PM) shortly after he succeeded Theresa May as primus inter pares. In keeping with his predecessor’s version, Boris Johnson’s Code declares, among other things, that: ‘Ministers should be professional in all their dealings and treat all those with whom they come into contact with consideration and respect.’

It further declares: ‘Harassing, bullying or other inappropriate or discriminating behaviour whenever it takes

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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