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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

4Mar

Private sector development club Nottingham office

We are pleased to invite you to our next private sector development club. At this session we will guide you through a fictional development scenario – covering site acquisition, resolving title issues, negotiating a development agreement and the role of collateral warranties.

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11Mar

Managing Public Sector Contracts Seminar Manchester office

Join us as Browne Jacobson have joined forces with leading chambers, 39 Essex Chambers, for a full morning session looking at some of the thorniest problems that the public sector face in procurement, contract management and dispute resolution.

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focus on...

Legal updates

Historical child abuse and limitation – check your public liability policies

Last week the Court of Appeal handed down a decision that has significant implications for all those organisations that may face historical abuse claims.

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Legal updates

Public matters - February 2020

This month includes public procurement, planning, the Clean Air Bill, rent regulation, and in loco parentis in schools.

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Legal updates

Local planning authorities may now agree to extend the time period for determining prior approval applications

On 31 January 2020 the High Court handed down judgment in Gluck v Secretary of State for Housing Communities and Local Government [2020] EWHC 161 Admin

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Legal updates

Social value in procurement

The Public Services (Social Value) Act 2012 extends public bodies’ thinking beyond the financial costs of a contract and makes them evaluate how the services they procure might improve the economic, social and environment wellbeing of an area.

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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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