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Public Sector Bulletin - December 2015

Crime

Laying waste to the statistics

The Department for Environment Food and Rural Affairs ("DEFRA") recently published some interesting statistics for fly-tipping in England between April 2014 and March 2015.

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Data Protection

EU plans to monitor air passenger data move closer

On 4 December 2015, a provisional deal was reached by European Parliament and European Council negotiators on an EU Directive which will regulate the collection and retention of the personal data of all airline passengers travelling in and out of the EU. This was endorsed by the Parliament's Civil Liberties, Justice and Home Affairs Committee ("LIBE") on 10 December 2015.

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Personal Injury

Personal Injury after the Autumn Statement 2015

The Government's Autumn Statement 2015 announced two proposals that, if implemented, will significantly affect the personal injury market.

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Planning

Permission in principle: One step removed from prior approval and permitted development?

It's been just over 9 weeks since the Housing and Planning Bill was introduced into the House of Commons. One of the main talking points, which followed the first reading, was the proposed introduction of "permission in principle".

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Projects

Case Law Update: A Tale of Two Clauses

In the recent joint judgment of Cavendish Square Holding BV v Talal El Makdessi ("El Makdessi") and ParkingEye Limited v Beavis ("ParkingEye") [2015] UKSC 67 the Supreme Court reviewed the law on penalty clauses for the first time in a century. The result was a slight refashioning of the test for determining whether a penalty clause is unenforceable in order to provide for its effective application in more complex contractual cases.

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Property Litigation

Intentionality in Homeless Applications and Income

The extent to which an individual's financial standing can impact upon whether a homeless applicant is "intentionally homeless" is an issue which often causes uncertainty. However, the Court of Appeal has recently given guidance which can offer help to those involved with homeless assessments.

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