In The Vale of Glamorgan Council v The Lord Chancellor and Secretary of State for Justice, the Council challenged the Lord Chancellor’s decision to close a magistrates’ court in Barry and merge its operations with those in Cardiff. This case, and also the High Court’s decision in Robin Murray & Co Ltd v The Lord Chancellor and Secretary of State for Justice [2011] EWHC 1528 which concerned a challenge to the closure of Sittingbourne magistrates’ court, gives some useful guidance on the courts’ current approach to consultation in circumstances where local authorities are required to undertake a consultation procedure before implementing service changes that will affect local service users. Continue reading
29/06/2011
Public authority carrying out a consultation entitled to identify the issues for consultation
PLC Public Sector reports:
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David Gollancz, barrister, 11KBW:
The 2007 Remedies Directive was intended to address “weaknesses” in the system of remedies available to economic operators. Recitals (3) and (4) say that its provisions are intended to “ensure compliance with Community law, especially at a time when infringements can still be corrected” (emphasis supplied).
One of the principal weapons put into the hands of economic operators by the Directive is the suspension of contract-making, which (in the UK’s transposition) follows automatically and immediately upon the service of proceedings. In every reported case to date the courts have removed the automatic suspension. In this blog I consider the most significant cases: Indigo, Exel, Halo and Metropolitan Resources.
PLC Public Sector reports:
Make sure that you have not missed a key development in your area of the law by reviewing our latest list of recommended actions.
PLC Public Sector reports:
The government appears to have learnt at least one lesson, it is not a good idea to air dirty linen in court. Following the rather embarrassing defeat for the Education Secretary, Michael Gove, in the High Court for a failure to adequately consult before taking the decision to scrap the Building Schools for the Future programme, the government seems to be set on avoiding another date in court with local authorities unhappy about the its handling of a school funding issue.
PLC Public Sector reports:
Make sure that you have not missed a key development in your area of the law by reviewing our latest list of recommended actions.
08/06/2011
GP commissioning the plot thickens …
PLC Public Sector reports:
The government’s listening exercise on its proposed NHS reforms is very nearly over and we are promised that details of its outcome will be published shortly. For those that cannot wait to find out the level of changes that the disastrous Liberal Democrat Party showing in the recent elections has necessitated, David Cameron has set out the key concessions that have been made.
For those in local government struggling to get to grips with what impact GP commissioning will have on them, it appears the news is that things are going to get more complicated.
PLC Public Sector reports:
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Jackie Gray, Director, Dickinson Dees LLP:
In 2010, the previous government launched the Feed in Tariff (FIT) Scheme to incentivise small scale generation of electricity in the UK from renewable sources. The Scheme involves making payments to generators of electricity for each unit of electricity generated, with different tariffs for different technologies. The technologies include solar photovoltaic (PV) panels, wind turbines, combined heat and power systems, hydro power and anaerobic digestion. The tariffs vary depending on the technology, the size of the installation and in the case of solar PV, whether the solar PV is retro-fitted (to buildings already occupied) or installed as part of a new build (before first occupation). There is also a tariff for electricity that is exported to the national grid.
For local authorities and registered social housing providers (Registered Providers) the installation of Solar PV on social housing offers an attractive opportunity to generate income and reduce energy bills for tenants.
PLC Public Sector reports:
Make sure that you have not missed a key development in your area of the law by reviewing our latest list of recommended actions.