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public matters newsletter - November 2017

15 November 2017

This month we have six topical articles for you, which include:

  • a look at local authority property investments
  • corporate governance reform focusing on director's duties under section 172 Companies Act 2006
  • litigation is on the rise so how might mediation assist?
  • a look at the case Armes v Nottinghamshire County Council (2017) UKSC 60
  • EFTA rules that a simple breach of procurement law can trigger liability
  • our final article is from our guest writer, Tony Edeson. A senior risk professional who looks at business continuity.

Paradise lost? The release of the Paradise Papers and implications for local authority property investments

The so called Paradise Papers - a set of 13.4 million confidential electronic papers relating to offshore investments has attracted considerable attention in the press.

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A focus on director's duties under section 172 Companies Act 2006

There has been considerable activity in the recent months in the proposed reform of the UK’s corporate governance framework.

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With litigation on the rise how might mediation assist?

Litigation is on the up. Recent court statistics show that the number of claims is increasing. In this article we will look at the trends in terms of cases being brought and then how mediation might assist.

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Armes v Nottinghamshire County Council: What does this judgment mean for local authorities?

The Appellant had been abused by foster parents but the abuse was not as a result of any negligence on the part of the local authority.

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EFTA rules that a simple breach of procurement law can trigger liability

The European Free Trade Association (EFTA) Court has recently handed down its decision in the case of Fosen-Linjen AS v AtB AS Case E-16/16.

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Business continuity - why 'M' is more important than 'P'

Many organisations (and their staff) believe that having a business continuity plan (the ‘P’ of the title) makes them business continuity aware and prepared for, and ready to cope with, anything that is thrown in their direction.

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training and events

22Jan

Managing procurement risks and challenges Manchester office

Have you ever received a letter challenging a regulated procurement procedure? Has your authority ever had proceedings issued against it for breach of the Public Contracts Regulations 2015?

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6Feb

Planning club Nottingham office

Our regular planning club will be covering planning enforcement POCA and enforcement notices, town and village greens after the Lancashire case, and a planning case law update.

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focus on...

Legal updates

Clean air - where we are and what we may expect in the future

Air pollution and the importance of clean air are increasingly becoming recognised as issues that need to be addressed.

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Legal updates

State aid in loans to wholly owned subsidiaries

State aid is a key concern for public bodies establishing and funding commercial entities, whether wholly or jointly owned.

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Legal updates

FOIA and data protection: the difficult balancing exercise for public authorities when a request is made for third party personal data

The Freedom of Information Act 2000 (‘FOIA’) allows members of the public to request information from public bodies. As guidance issued by the Information Commissioner explains, the main principle behind FOIA is that people have a right to know about the activities of public authorities, unless there is a good reason for them not to.

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Legal updates

A claimant’s Part 36 offer – just beat it

In the recent case of Hochtief (UK) Construction Limited, Volkerfitzpatrick Limited v Atkins Limited [2019] EWHC 3028 (TCC), the claimant made a Part 36 offer to settle of £875,000 early on in the dispute.

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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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