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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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Legal updates

Electronic signatures in conveyancing

On 9 July the Land Registry published draft guidance setting out the basis on which it will accept for registration transfers (and certain other deeds) that have been signed electronically.

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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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Brexit resources

UK shared prosperity fund

The UKSPF has been proposed to replace the EU ESI funding for less developed regions, however a number of issues require resolution before the fund can be set up.

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Legal updates

Modern Slavery Act 2015 - updated statutory guidance for public authorities in England and Wales

This is timely guidance given that modern slavery will not be exempt from the health, social and economic challenges brought about by Covid-19.

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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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