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Public Sector Bulletin - 13 May 2016

Employment

Right to Privacy not engaged by an employer investigating emails?

Article 8 of the European Convention on Human Rights ("ECHR") provides that everyone has the right to respect for their private and family life, home and correspondence and that there shall be no interference with this right by a public authority except as provided by law and is necessary in the interests of national security, public safety, crime prevention and the protection of rights and freedoms of others.

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Planning

Court of Appeal restores policy exempting small sites from affordable housing

The Government has won its appeal to the Court of Appeal against the quashing of its policy that small sites should not contribute towards affordable housing.

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Projects

Shining a light on Services Concession Contracts - High Court strikes out bailiff services procurement challenge

The Public Contract Regulations 2015 ("PCR 2015") came into force on 26 February 2015 and applies to the procurement of public contracts by contracting authorities.

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Property Litigation

Are housing associations 'public bodies?' The debate continues

Keen followers of social housing news will remember the memorable case of R (Weaver) V London and Quadrant Housing in 2009. Although fact-specific, the finding in that case that L&Q were exercising a public function in that case sent shock waves through all involved in social housing.

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