Public Sector Bulletin - 15 December 2016


Commercial contracts in the wake of Brexit

Following the announcement by Theresa May, on 2 October 2016, that Article 50 of the Treaty on European Union will be triggered before the end of March 2017, preparations will need to be made for the impact that Brexit will have on organisations and their commercial dealings.

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Sex Discrimination: Making reasonable adjustments for breastfeeding employees

In the recent case of McFarlane and another v easyJet Airline Company Ltd, the Employment Tribunal held that easyJet's roster practices indirectly discriminated against two breastfeeding employees on the ground of sex.

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Personal Injury

Fixed Costs in civil claims – not as simple as you may think

In November 2016 the Court of Appeal heard two separate cases concerning Fixed Costs as set out in Part 45 of the Civil Procedure Rules ("CPR"). In both cases Lord Justice Briggs gave the main judgment.

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Property Litigation

Cardiff City Council v Lee - yet more delay for landlords?

Any landlord who has issued possession proceedings against a tenant will be aware that the process can take a long time. Even in cases of serious ASB, the pressure on the Courts is such that possession proceedings can take several months at best - over a year at worst - to reach trial. If a suspended order is made, landlords then face the prospect of tenants applying to stay warrants. However, the process between the making of the order and the application for the warrant has been relatively straightforward - until now.

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Public Sector

The Crown Commercial Service releases guidance to prevent procurements having "unnecessarily onerous requirements"

The Crown Commercial Service ("CCS") has released guidance to government departments after some suppliers had reported that procurements were being conducted in ways that result in "disproportionate or inappropriate risk transfer". There has also been criticism that onerous requirements are "stifling innovation" and are leading to increased costs.

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