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 Public Sector e-mail.

Civil litigation:

• The Civil Procedure Rule Committee  has launched a consultation seeking views on the draft Pre-Action Protocol for Debt Claims.

Education and children’s services:

• A new support system for children and young people with special educational needs and disability has been introduced in England, leading to the introduction of several new provisions and pieces of guidance.
• The Family Court has held that the 26-week time limit for resolving care cases can be extended due to litigation failure (K and D (Children – Care Proceedings – Separation of Siblings)).
• The Department for Education has published:
  • updated statutory guidance on supporting pupils at school with medical conditions.
  • guidance for maintained schools on what they should do when setting up their whistleblowing procedure.
  • updated membership rules governing its risk protection arrangement for academy trusts.

Employment and pensions:

• The EAT has held that an employee was not barred by his own prior breaches of contract from claiming constructive unfair dismissal (Atkinson v Community Gateway Association).
• The government has launched a consultation on the potential loopholes employers may use to avoid the proposed exclusivity ban in zero hours contracts. It also seeks views on penalties and remedies.

Health:

• Public Health England has published a spend and outcomes tool for local authorities, plus accompanying factsheet.

Property and planning:

• The Land Registry has amended paragraph 2.1.1 of Practice Guide 26, Leases – determination to clarify the position where an application is lodged to close a registered leasehold title and, although there is a registered reversionary title, the application does not refer to the reversionary title.
• New versions of CPSE.1, 2, 3 and 6 have been released, containing minor changes, and are available for immediate use.

Public procurement and state aid:

• The Council of the European Union has published the European Commission’s annual public procurement review for 2013.
• The Mayor of London has launched the London Infrastructure Plan 2050, which considers the capital’s infrastructure needs, the associated costs and funding possibilities.
• The new European Commission Notice on agreements of minor importance which do not appreciably restrict competition under Article 101(1) of the TFEU  has been published in the Official Journal.

Regulation and enforcement:

• The Department for Communities and Local Government and the Department for Transport have published a consultation on the right to challenge parking policies.