Public Sector Bulletin - 10 February 2017

13.02.17

Employment

Public Sector Exit Payments Reform

On the 1st February 2017, section 41 of the Enterprise Act 2016 came into force capping public sector exit payments at a maximum of £95,000.

Public Sector Exit Payment Regulations have been drafted setting out the details of the proposed cap - but the Regulations have not yet been brought into force.

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Personal Injury

Does your System of Inspection stand up to scrutiny?

Crawley v Barnsley Metropolitan Borough Council - [2017]EWCA Civ 36

Section 58 of the Highways Act 1980 offers a statutory defence for Highway Authorities if they can show that they had taken reasonable measures to ensure that problems such as potholes are found and dealt with swiftly. Wilkinson v. City of York Council [2011] EWCA Civ 207 established that lack of resources is not a good reason for having an inadequate system.

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Planning

Housing White Paper 2017 - The Broken Housing Market - Can We Fix It?

The Housing White Paper, released on 7th February 2017, seeks to reform our "broken housing market" by attempting to tackle failures across the entire housing system. Can the government fix it? In the words of Bob the Builder the White Paper sends out a clear message - "Yes, we can!"

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Procurement

Further clarity on the second limb of the 'Teckal Exemption'

Advocate General Sanchez-Bordona (the "AG") has given a preliminary opinion regarding the correct application of the 'Teckal Exemption' to the activities of an in-house provider. The AG's opinion on the case of Undis Servizi Srl v Comune di Sulmona and others (2016) ("Undis Servizi") has clarified the second limb of the three part 'Teckal Exemption'.

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