REUTERS | Mike Blake

In brief for week ending 1 October 2014

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 email.

Civil litigation:

  • The amendments contained in the Practice Direction making document for the 75th CPR update are in force, as of 1 October 2014.
  • The BSB has introduced a new procedure for authorising barristers to conduct litigation.


  • The ECJ has held that a German law on local authority tendering which required contractors to pay their staff a minimum wage breached Article 56 of the TFEU (freedom to provide services), when applied to a foreign contractor whose staff were based outside Germany (Bundesdruckerei GmbH v Stadt Dortmund).
  • The MoJ has confirmed that contracts for the provision of legal aid services to consumers should be exempt from the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Employment and pensions:

  • The EAT has overturned a tribunal’s decision that adjustments on a payslip were not deductions for the purposes of section 8 of the Employment Rights Act (Ridge v HM Land Registry).
  • At the Labour Party’s Annual Conference reforms to employment law were proposed which will be included in the Party’s election manifesto.
  • The DH has confirmed how employees outsourced under the old Fair Deal guidance can return to the NHS pension scheme in respect of their future service with a private sector contractor.


  • The DECC has published the government response to its consultation on a proposal for underground access for the extraction of gas, oil or geothermal energy.

FOI and data protection:

  • The MoJ has announced that it intends to issue an updated code of practice under FOIA, and to consult on bringing more bodies within the scope of the Act.


  • The Care Act 2014 (Commencement No 2) Order 2014 brings a number of provisions of the Care Act 2014 into force on 1 October 2014, including provisions relating to making regulations on charging, means-testing and deferred payments.
  • The DH has published a factsheet explaining the finance issues related to the transfer of the commissioning of children’s health functions to local authorities from 1 October 2015.
  • Monitor has:
    • published its final report in an investigation, following a complaint from an alternative provider, into whether Blackpool CCG and Fylde and Wyre CCG have breached obligations to ensure patient choice; and
    • announced that it has given final approval to the merger of Frimley Park Hospital NHS Foundation Trust with Heatherwood and Wexham Park Hospitals NHS Foundation Trust.


Property and planning:

Public procurement and state aid:

  • The General Court has:
    • dismissed an appeal by a rejected tenderer who sought to challenge a decision of the European Commission not to include it in the tender shortlist for an external aid project (B & S Europe v Commission); and
    • dismissed appeals against European Commission decisions rejecting applications to participate in a restricted invitation-to-tender procedure concerning the provision of non-scheduled passenger transport services by air and chartered air-taxi service (Flying Holding NV, Flying Group Lux SA and Flying Service NV v Commission).
  • The CO has published Procurement Policy Note 09/14, making the use of its new Cyber Essentials controls mandatory for suppliers who are bidding for some government contracts.
  • The Advocate General has handed down his opinion on a preliminary reference from the Court of Appeal (England and Wales) on whether a contested London bus lane policy adopted by Transport for London comes within the concept of “state aid” under Article 107(1) TFEU (The Queen, on the application of Eventech Ltd v The Parking Adjudicator).

Regulation and enforcement:

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