PLC Public Sector reports:
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Civil litigation: litigation lawyers will be interested in:
- The various changes to the Civil Procedure Rules that will come into force on 1 October. These include changes to court forms, to appeals under Part 52 (so that for an application to appeal without merit a judge can order that a refusal on paper cannot be reconsidered at a hearing) and a new contempt of court procedure.
- Reports that the Court of Appeal is reopening the appeal in Simmons v Castle in which it had previously been decided in July 2012 that general damages in certain types of civil cases will increase by 10% where judgment is given after April 2013.
Education: education lawyers should note the following recent developments:
- On 1 September the Equality Act 2010 (Commencement No. 10) Order 2012 came into effect bringing the reasonable requirement adjustment requirement under section 20 of the Equality Act 2010 relating to the provision of auxiliary aids to disabled people.
- That draft legislation has been presented to Parliament on reforming the provision of special educational needs for children and young people.
- The Education Act (Commencement No. 5) Order 2012 has been made and brings into force on 1 September and 1 October 2012 respectively paragraph 2 of Schedule 11 to the Education Act 2011 (which requires local authorities to seek proposals for the establishment of a new school that is a pupil referral unit) and section 13 and Schedule4 (which impose restrictions on the reporting of alleged offences by teachers).
- The Upper Tribunal has determined that a disability claim, issued against the governing body of a maintained school that converted to an Academy before the claim was determined, was not extinguished but continued against the local authority (although it was in the interest of the Academy to consent to being joined as a party to the claim).
Housing: housing lawyers:
- In Wales should be aware that the Housing (Wales) Measure 2011 (Commencement No. 2) Order 2012 has been made which will allow Welsh local housing authorities to suspend the right to buy in their area for up to five years.
- Are likely to be interested in the guidance published by the DCLG on dealing with rogue landlords in their area.
- Should read the FAQs document published by the Health and Safety Executive dealing with the questions frequently asked by tenants on domestic gas safety.
Procurement: procurement officers should be aware that the Cabinet Office has published:
- A progress update on the modernisation of the EU procurement rules.
- Guidance on obtaining assurance about the tax arrangements of contractors that they engage.
Property and planning: property lawyers:
- Negotiating section 106 agreements should note the importance of ensuring that all land that is be to the subject of section 106 obligations, particularly where not all of it is owned by the applicant, is bound by those obligations. This is done by joining into the agreement those other owners: see PNH (Properties) Ltd v Secretary of State for Communities and Local Government.
- Dealing with illegal and unauthorised encampments should be aware that the Department for Communities and Local Government has published a summary of powers for dealing with such encampments.
Consultations: this week a consultation was published on home-based education for children in Wales.