Practical Law

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

Queen’s Speech 2017: public sector implications:

• The Queen’s Speech has been made to both Houses of Parliament, setting out the government’s legislative priorities. The government has also published briefing notes relating to the Queen’s Speech, providing a summary of the Bills to be introduced by the government. The government’s legislative programme has been pared down with the focus on legislation relating to Brexit, including plans to repeal the European Communities Act 1972.

Adult social services:

• The Competition and Markets Authority has published an update on its market study into care homes for the elderly.

Central government:

• The first round of Brexit negotiations has been launched by Michel Barnier, the EU Chief Negotiator, and David Davis, Secretary of State for Exiting the EU.
• The National Assembly for Wales External Affairs and Additional Legislation Committee has published a report considering the effect of the UK government’s Great Repeal Bill White Paper on Wales.
• The Welsh Government has published a consultation document, Interpreting Welsh legislation: considering an interpretation Act for Wales.
• The Electoral Commission has issued fines of £12,000 and £4,000 to separate bodies for breaches of spending return rules in the EU referendum and Northern Ireland Assembly election.

Civil litigation:

• The Judicial Office has published its business plan for 2017-18, setting out its strategic priorities for the year. It also sets out its goals between 2017 and 2020.
• Sir Terence Etherton, the Master of the Rolls, has given the Lord Slynn Memorial Lecture on the future of the civil courts. His speech addressed the background to the current civil justice reform programme, the nature of the reforms and the challenges faced in implementing them.

Employment and pensions:

• The Scotland employment tribunal has published the minutes of its user group meeting in March 2017.

Environment:

• The City of London Corporation has announced that it has secured seven convictions against individuals for fly-tipping.

Health:

• The Supreme Court has dismissed, by a majority verdict, an appeal against a decision by the Secretary of State for Health not to exercise a power to enable women usually resident in Northern Ireland to undergo abortions under the NHS in England free of charge (R (A and another) v Secretary of State for Health).
• The House of Commons library has published a briefing note on the rights and procedures for NHS staff to raise concerns about safety, malpractice or wrongdoing at work.
• The Competition and Markets Authority has published its provisional findings as part of its Phase 2 investigation into the proposed merger between Central Manchester University Hospitals NHS Foundation Trust and University Hospital of South Manchester NHS Foundation Trust.

Property and planning:

• The Court of Appeal considered the meaning of “lawful” in section 26H(2) of the Planning (Listed Building and Conservation Areas) Act 1990, and held that section 26H (certificate of lawfulness of proposed works) is to be construed restrictively in cases where the only issue to be determined is whether works would affect the character of the building as a building of special architectural or historic interest (Government of the Republic of France v The Royal Borough of Kensington and Chelsea and others).
• The High Court has considered the meaning and application of government policy contained in paragraph 141 of the National Planning Policy Framework (R (Hayes) v City of York Council and another).
• The TCC has:
  • considered a building owner and adjoining owner’s claims for declarations in relation to the Party Wall etc. Act 1996 (Lea Valley Developments Ltd v Derbyshire); and
  • held that the court’s inherent jurisdiction allowed it to grant declarations relating to the proper measure of damages under the Party Wall etc. Act 1996 (Lea Valley Developments Ltd v Derbyshire).
• The House of Commons Library has published briefing papers on:
  • planning for nationally significant infrastructure projects; and
  • planning reforms announced before the general election. The paper addresses both planning reform proposals and changes in the process of being made in respect of England.

Public procurement:

• Regulation 2017/1084 amending Regulation 651/2014 as regards aid for port and airport infrastructure, notification thresholds for aid for culture and heritage conservation and for aid for sport and multifunctional recreational infrastructures, and regional operating aid schemes for outermost regions and amending Regulation 702/2014 as regards the calculation of eligible costs has been published in the Official Journal.
• The General Court has dismissed an application for interim measures in an action to challenge a procurement decision by the European Investment Bank (Post Telecom SA v European Investment Bank).
• The High Court has held that a hearing of an application for specific disclosure should come before a procurement dispute hearing to decide whether to lift a suspension of contract completion (Alstom Transport UK Ltd v London Underground Ltd and another).