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public matters - August 2017

11 August 2017

We have a bumper edition for you this month!

There are updates on the European Union (Withdrawal) Bill, Modern Slavery Act 2015, Social Impact Bonds, recent developments in procurement policies, the consultation on tacking unfair practices in the leasehold housing market and the guide to local authority charging and trading powers.

We also consider several recent judgments relating to contaminated land, procurement issues, including the lifting of an automatic suspension and assessment of selection criteria, and Court of Appeal guidance on enhanced interest awards.

For employment enthusiasts we have updates on whistleblowing, the Supreme Court decision on the introduction of fees in tribunals and a webinar from our HR experts looking at how to deal with disciplinary issues in the workplace with confidence.

New ruling on liability for contaminated land caused by predecessor bodies

The Court of Appeal judgment in the case of Powys County Council v Price and Hardwick (2017) overturns a High Court decision with wide ramifications for local authorities in relation to their liabilities under the contaminated land regime.

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Enhanced interest awards - where failure to negotiate or accept reasonable Part 36 offers bites

In the recent case of OMV Petrom SA v Glencore International AG, the Court of Appeal provided guidance on the award of enhanced interest where a claimant makes a Part 36 offer which is rejected and then beaten at trial.

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Social Impact Bonds - are you missing out?

Since 2010 there have been various initiatives to increase the use of Social Impact Bonds (SIBs) in public sector contracting and we have seen some SIB projects come to maturity, but there is still a long way to go until SIBs become common place in public sector procurement.

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Recent developments in procurement policies

August 2017 saw the Crown Commercial Service (CCS) release an update, covering developments, resources and commissioning opportunities including developments in procurement policies.

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The European Union (Withdrawal) Bill – the effect of increased ministerial power

The European Union (Withdrawal) Bill is the legislative measure designed to end the supremacy of European Union law in the UK by repealing the European Communities Act 1972 and to provide certainty in the UK's legislative framework after its withdrawal from the EU.

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Modern Slavery Act 2015 update - another new bill on its way

On 12 July 2017 a new Modern Slavery (Transparency in Supply Chains) Bill 2017 had its first reading in the House of Lords. The 2017 Bill covers similar ground to the Bill that was previously proposed, but with a few key differences.

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Consultation tackling unfair practices in the leasehold market

We have seen a significant amount of publicity recently surrounding the sale of leasehold houses and the imposition of significant ground rents.

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Guide to local authority charging and trading

The compendium of local authority charging powers was collated during an earlier recession in 1996 and the guide has been updated annually ever since.

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Whistleblowing - is the public interested?

The decision of the Court of Appeal in the whistleblowing case of Nurmohamed v Chesterton Global Limited has now been issued, giving guidance on how the ‘public interest’ test in whistleblowing cases should be applied.

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Access to justice - the impact of fees

On 26 July 2017, the Supreme Court handed down its decision in respect of Unison’s long-running challenge to the introduction of fees within employment tribunals.

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Assessment of selection criteria relating to economic and financial standing

The recent case of INGSTEEL spol. s r.o.,Metrostav, as, v Úrad pre verejné obstarávanie C-76/16 has once again highlighted the need for contracting authorities to fully consider how they assess economic and financial standing of bidders.

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Sysmex (UK) Limited v Imperial College Healthcare Trust, 21 July 2017

The High Court takes us through the case law and principles which are in play when considering the American Cyanamid principles which apply when the courts consider lifting an automatic suspension in procurement proceedings.

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focus on...

Legal updates

Conservation newsletter - July 2020

There is a potential for significant change and public bodies are likely to be at the forefront of delivering that change.

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Legal updates

Annual progress report on reducing greenhouse gas emissions: the impact of Covid-19 and future challenges for the Government

For the first time, in this year’s report, tools have been provided to Parliamentarians to scrutinise the progress across Whitehall.

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Legal updates

Marine Conservation Zones: protecting seahorse populations in England

Sections 125 and 126 of the Marine and Coastal Access Act 2009 impose duties on public bodies in respect of marine conservation zones.

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Legal updates

Treasury consults on future lending terms of the Public Works Loan Board

The consultation has been prompted by the specific issue of ‘debt for yield’ to ensure that the PWLB can continue to support local authority investment.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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