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public matters - August 2018

21 August 2018

Welcome to our Public Matters Newsletter.

This month we have:

Delivering the ambition: National Procurement Strategy for Local Government in England 2018

We review the three key themes in the National Procurement Strategy for Local Government in England 2018, accompanying toolkit, and what this means for councils.

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Carillion’s collapse – the end of an era?

The wide ranging key messages from the Public Administration and Constitutional Affairs Committee report, 'After Carillion: Public sector outsourcing and contracting'.

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Local government re-organisation: how and why use a unitary model?

This article seeks to explain some of the reasons why, in the current political climate, local authorities are beginning to consider re-organisation, the legal framework which underpins this, and some key factors local authorities should consider when looking to re-organise.

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The revised National Planning Policy Framework – will housing delivery targets lead to developers playing the waiting game?

Many of the changes within the revised NPPF are reflective of those within the March draft, with a few notable differences. We raise particular concern with two of the four stated intentions.

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Increased transparency requirements for overseas entities owning UK real estate

Since March 2016 the government has been consulting on measures to enhance the transparency of beneficial ownership information in respect of overseas entities that buy UK land or that enter into public procurement contracts in the UK.

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A trial win and finding of fundamental dishonesty for Walsall Metropolitan Borough Council

The impact of a case where the claimant freely admitted he had been dishonest in pursuing his claim but argued he was not ‘fundamentally dishonest’.

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European Court provides further clarification on mitigation and compensation measures

The dispute surrounded the plan to build a wind farm in an Special Protection Areas which is a natural habitat for the hen harrier, a protected species under Annex 1 of the Birds Directive 2009/147/EC.

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The question of illegality in an historical abuse context

M.G. v (1) Thomas Street & (2) The Governors of St Augustine of Canterbury RC High School (2018)
The judge’s treatment of illegality and public policy in an historical abuse context is of particular interest.

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A consideration of limitation, expert duties, illegality and public policy

M.G. v (1) Thomas Street & (2) The Governors of St Augustine of Canterbury RC High School (2018)
A stark reminder that proven abuse by an employee does not automatically result in a successful claim against the employer.

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training and events

25Sep

In-house lawyers' update Nottingham office

Our next in-house lawyers' sessions will give in-house lawyers the tools and strategies for dealing with some of the problems caused by recent changes to the law.

View event

1Oct

Claims Club London office

We will be discussing: whether housing disrepair is the new PPI; school claims; and a legal update on 'hot topics'.

View event

focus on...

Brexit resources

General elections – the role of the Acting Returning Officer

If the news is anything to go by, we are likely to have our third UK Parliamentary Election in five years soon.

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Brexit resources

What does no-deal Brexit mean for public procurement?

The UK has been immersed in negotiations to unravel the UK from EU law by the Brexit day on 31 March 2019.

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Brexit resources

Brexit: data protection law and local authorities?

The political situation in Westminster continues to evolve and it is unclear what will happen on October 31st – in particular whether we will remain, leave, or whether there will be a transitional arrangement to bridge the gap?

View brexit resources

Brexit resources

Contract drafting and Brexit: considerations for local authorities

As Brexit Day inches closer there are many things for local authorities to consider. One of which is whether contracts already in place or currently being negotiated will still be accurate or support council business after Brexit.

View brexit resources

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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