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public matters - December 2018

17 December 2018

Welcome to our Public Matters Newsletter.

This month we have:

Watch Anja Beriro introduce this month's newsletter

Procurement update

There seems to have been a flurry of interesting procurement judgments from both European and English courts recently. Anja Beriro looks at two of the European judgments that raise some points worth noting.

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Faraday Development Ltd v West Berkshire Council: the Court of Appeal hands down important public procurement decision

The Court of Appeal held that a development agreement was a ‘public works contract’. Olivia Watkinson summarises the case, and looks at the key points for public bodies.

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Disclosure rule changes – are you ready?

From 1 January 2019 there will be a two year pilot practice direction relating to disclosure in operation in the Business and Property Courts. Nichola Evans reviews the changes and makes practical recommendations to help you prepare.

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E-technology: work smarter, not harder

Despite the Jackson reforms attempts, there is still reluctance to make use of alternative disclosure options. Amba Griffin-Booth outlines the e-technology options available and when best to use them.

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Disclosure and procurement: confidentiality does not automatically preclude disclosure

The Technology and Construction Court has ruled that even documents considered by one of the parties to be confidential can become disclosable in a procurement challenge. Nicola Hollick looks at the decision, and its impact.

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The rise of the Enforcement Undertaking for environmental crime – a force for good?

The Environment Agency recently published a list of Enforcement Undertakings, which shows that funds obtained for environmental offences are steadily increasing. Sophie Hoffman looks at the advantages of using Enforcement Undertakings, and where regulators should exercise caution.

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Liability for compliance with planning enforcement notices – is the sale of affected land sufficient to avoid liability?

When a Local Planning Authority identifies a breach of planning control, it has the power to issue an enforcement notice in order to seek remedy. Ben Standing considers the difficulty with identifying the correct person on which to serve the notice, especially who is considered to be the owner of the land when a property is being sold.

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training and events


Managing procurement risks and challenges Exeter office, 1st Floor, The Mount, 72 Paris Street, Exeter, EX1 2JY

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? This all day workshop is designed to give you the confidence to understand the pressure points in procurement processes and how they can give rise to risk.

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Legal updates

Joint committee publishes its report on the draft Registration of Overseas Entities Bill

Recently the House of Lords and House of Commons Joint Committee on the draft Registration of Overseas Entities Bill (Bill) published its report on the draft Bill following pre-legislative scrutiny.


Legal updates

Freelance Solicitors not subject to Minimum Terms

As part of the SRA’s ‘Looking to the Future’ programme, from November 2019 solicitors who provide reserved legal activities who wish to practise on their own have the option to go freelance. Freelance solicitors will be a new class of solicitor.


CN & GN in the Supreme Court - your questions answered

In this video Sarah Erwin-Jones interviews Paul Stagg of 1 Chancery Lane, the junior counsel for the defendant. They discuss what the decision means for the principal stakeholders involved.


Legal updates

Charity Commission opens inquiry into care charity following Coroner's report

In May 2016 an inquest into the charity’s care was opened following the death of Sophie Bennett.


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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