PLC Public Sector reports:
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Central government: those interested in legislation drafting should note that the Office of the Parliamentary Council has launched the Good Law initiative aimed at making legislation simpler and more accessible.
Charities: charities lawyers should be aware that the High Court has granted an appeal by a charity against an order to pay business rates in relation to its use of warehouse premises (Kenya Aid Programme v Sheffield City Council).
Civil litigation: litigation lawyers should be aware of the following recent developments:
- The government has announced the outcome of its consultation on judicial review focusing on speeding up the court system by reducing the time spent on meritless claims.
- The government has published a consultation on fee remissions for courts and tribunals.
- The ECJ has announced that it has launched its own Twitter feed and also a mobile app for press releases.
- The Interim Applications Court of the Queens Bench Division has published a revised guide for litigants in person.
Commercial: commercial lawyers should note that the government will be revising the Late Payment of Commercial Debts Regulations 2013, after an anomaly was identified.
Education and children’s services: lawyers working in the fields of education and children’s services are likely to be interested that the:
- High Court has required Lancashire County Council to pay £210,734 costs after it committed a number of human rights breaches in relation to two children who were in its care after they had been freed for adoption (A and S (Children) v Lancashire County Council).
- Department for Education has published:
- information to help schools and Academies secure a review of their governance arrangements; and
- advice on driving school minibuses.
Employment and pensions: employment and pensions lawyers should note that the:
- ECJ has clarified the scope of “disability” and “reasonable adjustment” by reference to the UN Convention (HK Danmark, acting on behalf of Ring v Dansk Almennyttigt Boligselskab and another case).
- Court of Appeal has held that a provision in a collective agreement did not entitle an employer to choose between the lower of two possible pay rates (Anderson and others v London Fire & Emergency Planning Authority).
- House of Commons is currently considering the amendments to the Enterprise and Regulatory Reform Bill made by the House of Lords.
- European Commission has announced that it will be adopting a proposal for a Directive facilitating the exercise of workers’ rights.
- Pensions Ombudsman has upheld a complaint by a member of the Railways Pension Scheme who was refused an incapacity pension on the grounds that the trustee thought he was able to perform “other duties”.
Environment: environmental lawyers are likely to be interested in the government consultation on the UK implementation of the recast WEEE (waste electrical and electronic equipment) Directive 2012.
Health: healthcare lawyers involved with reforms under the Health and Social Care Act 2012 should be aware that the Arrangements to be made by Relevant Bodies in respect of Local Healthwatch Organisations Directions 2013 have been made and came into force on 1 April 2013.
Housing: housing practitioners should note the recent High Court decision in which it held that powers under an estate management scheme had been properly exercised with statutory authority (Shebelle Enterprises Ltd v The Hampstead Garden Suburb Trust Ltd).
Human rights: human rights lawyers should be aware that the European Court of Human Rights has held that a ban on broadcast political advertising was compatible with the European Convention on Human Rights (Animal Defenders International v United Kingdom).
Local government: local government lawyers may be interested in the Committee on Standards in Public Life annual plan for 2013-14.
Property and planning: property and planning lawyers should be aware of two recent rulings:
- The High Court has held that a council was liable to pay compensation under section 106 of the Building Act 1984 in relation to its restriction of access to a pier because of public safety concerns (Manolete Partners plc v Hastings Borough Council).
- The Court of Appeal has held that non-contiguous floors occupied in the same building by the same business can be treated as a single hereditament for non-domestic rating purposes (Woolway (Valuation Officer) v Mazars LLP).
Public procurement: procurement lawyers and officers should note the following procurement-related developments:
- The High Court has ruled on what principles it will consider when deciding on applications for early specific disclosure in procurement cases (Roche Diagnostics Ltd v The Mid Yorkshire Hospitals NHS Trust).
- The General Court has dismissed an appeal against a Commission tender relating to the “Environment for Young Europeans” website (Evropaïki Dynamiki v European Commission).
- The Advocate General has recommended that a General Court decision be set aside relating to when private construction projects which have been substantially subsidised by public funds will fall under EU public procurement rules.
Regulation and enforcement: enforcement lawyers should be aware that the government plans to legislate to extend the Primary Authority scheme to other sectors.