Public Matters - September 2022

Welcome to our September edition of Public Matters, our monthly round-up of legal updates, news and insights for the public sector.

28 September 2022

Welcome to our September edition of Public Matters, our monthly round-up of legal updates, news and insights for the public sector.

The role of Legal Project Management in public sector projects

The concept of Legal Project Management (LPM) is increasingly relevant to the delivery of legal services, both in-house functions and private practice law. This is unsurprising, LPM is crucial if lawyers are to add value by controlling budgets, communicate pro-actively on risk mitigation and costs, and manage time by resourcing to deal with pinch points in the project.

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Summary of the Court of Appeal decision in HXA v Surrey County Council and YXA v Wolverhampton City Council

On 31 August 2022, the Court of Appeal handed down the Judgment in respect of the appeal case of HXA v Surrey County Council and YXA v Wolverhampton City Council [2022]. In this article, our social care experts look at the facts of the case, details of the appeal and the serious cost consequences of it.

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Improving the performance of the NSIP planning process and supporting local authorities

Boosting local growth and improving infrastructure are key policy goals within the now familiar Government "Levelling Up" agenda. The Levelling-up and Regeneration Bill, when enacted, aims to ensure faster delivery of such infrastructure projects, through amendments regarding the Nationally Significant Infrastructure Projects (NSIP) Development Consent Orders (DCO) system.

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Government pension's consultation on the reporting of climate change risks

The Department for Levelling Up, Housing and Communities has published a consultation on proposals to require Local Government Pension Scheme administering authorities in England and Wales to assess, manage and report on climate change risks.

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The reality of the future of devolution arrangements in England

Devolution is one of the main focuses of the Levelling Up White Paper. In this article we consider the effect of the future devolution powers on local leaders and communities, and how devolution arrangements are likely to impact health and social care at a local level.

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CCGs’ conduct “sufficiently serious” for award of damages after the incorrect use of a framework agreement in High Court procurement case

A recent High Court judgement that ruled in favour of a private provider to the NHS, provides a timely reminder that awards for damages in procurement cases can be high, if contracting authorities act with disregard to the Public Contracts Regulations 2015.

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Local authority companies - are they subject to the Freedom of Information Act 2000?

In this article we look at local authority companies and whether they are subject to the Freedom of Information Act 2000. And for those that are, what information are they legally obliged to submit.

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Sole director decisions – another perspective

In an unreported case, the High Court has ruled that an out-of-court administration appointment, instigated by a sole director of a company with unmodified model articles, was valid notwithstanding an earlier decision made in another case. While the organisations involved are private companies, the principles of the judgment will be just as relevant to private companies operating in the public domain and those incorporated by public sector organisations to further their objects.

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Dates for your diary

Public sector exits consultation

In response to HM Treasury’s consultation on Administrative Control Process for Public Sector Exits, Browne Jacobson are hosting a virtual forum to gather your views and feedback on the proposals.

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Automotive webinar - EV charging points: contractual and liability issues to be aware of

This webinar will look at some practical contractual and liability issues involved in installing, owning, operating, maintaining electric vehicle charge points.

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Contact

Contact

Craig Elder

Partner

craig.elder@brownejacobson.com

+44 (0)115 976 6089

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