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.
Central government: lawyers involved in challenges to central government policy should note that the High Court has rejected a judicial review challenge to the closure of the Independent Living Fund, on the basis that the government had properly carried out a consultation on the closure and had complied with its equality duties under the Equality Act 2010 (even though disabled people would be disproportionately affected by the decision) (R (Bracking and others) v Secretary of State for Work and Pensions).
Civil litigation: litigation lawyers may be interested that the:
- Crime and Courts Bill 2012-13 has received Royal Assent.
- Justice and Security Bill 2012-13 has received Royal Assent.
- High Court has ruled that a prospective defendant had standing to make submissions in an application to bring proceedings by a vexatious litigant (Ewing v London Borough of Camden).
Commercial: commercial lawyers should note that:
- BIS has amended the start date for statutory interest on late payment of commercial debts in the Late Payment of Commercial Debts Regulations 2013 (SI 2013/395).
- The European Commission has proposed a Regulation on promoting the free movement of citizens and businesses, by simplifying the acceptance of certain public documents in the EU.
Employment and pensions: employment lawyers should be aware of the following developments:
- The Enterprise and Regulatory Reform Bill 2013 has received Royal Assent.
- BIS has announced that the commencement date for employment provisions in the Enterprise and Regulatory Reform Act 2013 will be 25 June 2013.
- A draft statutory instrument to introduce fees in employment tribunals and the EAT has been laid before Parliament.
- The Public Service Pensions Bill 2013 has received Royal Assent.
Environment: environmental lawyers should note the:
- Environmental implications of the Crime and Courts Bill 2012-13, which has received Royal Assent.
- ECJ has clarified the meaning of adverse effect on the integrity of a site under the Habitats Directive (Ireland v An Bord Pleanala).
FOI and data protection: information lawyers should be aware of the Information Tribunal’s rulings that the following should be disclosed:
- The exact salary of a public servant (Dicker v Information Commissioner).
- A list of the names and addresses of dog breeders licensed by a county council (White v Information Commissioner).
Health: health officials may wish to read the following publications from the Department of Health:
- Guidance for local authorities on changes to secondary legislation arising from the Health and Social Care Act 2012.
- The independent report by Dame Fiona Caldicott on how information about patients is shared between public sector healthcare bodies.
Housing: housing lawyers should look at the Court of Appeal case on when a payment is considered advanced rent rather than a rent deposit (Johnson and others v Old).
Local government: local government lawyers should note the government’s response to the report of the pre-legislative scrutiny committee on the Draft Local Audit Bill.
Property and planning: property lawyers may be interested in:
- The property implications of the Enterprise and Regulatory Reform Act 2013.
- The Growth and Infrastructure Bill 2013, which has just received Royal Assent.
- DCLG guidance published under the Planning Act 2008, relating to applications under the nationally significant infrastructure projects planning regime.
- DCLG guidance published under the Growth and Infrastructure Act 2013, on the review and appeal of section 106 affordable housing requirements, in order to make developments economically viable.
Public procurement: procurement officers should note the Public Accounts Committee’s criticism of the government’s National Infrastructure Plan.
Regulation and enforcement: officers involved in licensing enforcement may wish to read the draft regulations published by the government, which are intended to exempt certain types of entertainment from the requirements of the Licensing Act 2003.