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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


Automotive webinar - EV charging points: contractual and liability issues to be aware of ON24 Webinar

This webinar will look at some practical contractual and liability issues involved in installing, owning, operating, and maintaining electric vehicle charge points.

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Enforced ESG sustainability: prepare for the planned and the possible London office

The event will be a multi-disciplinary roundtable event for public and private sector in-house counsel, compliance, risk and sustainability officers, on meeting current and future ESG sustainability requirements and expectations.

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Focus on...

Published articles

Consumer duty - 'The drill-down' into the 'cross-cutting' rules

This article is the first in a series aimed to help firms get to grips on a practical basis with the ‘cross-cutting rules’ within the new ‘Consumer Duty’ framework.


Published articles

Cracking the class ceiling

As socio-economic diversity is expected to be the next front for inclusion, with a government-backed socio-economic diversity taskforce currently surveying firms in the City of London, Raymond Silverstein, partner at Browne Jacobson, looks at how the insurance market has historically fared on this issue.


Press releases

Browne Jacobson helps Clean Power Hydrogen plc

Senior Associate Harry Pearson and Associate Shania Sood spoke to us to discuss their experience of working on the IPO which is an important part of CPH2’s growth story and development of crucial green hydrogen technologies.


Legal updates

Integrated Care Boards and preventing NHS fraud

On 7 July this year, NHS England published its statutory guidance for Integrated Care Boards (ICBs) and with it set out the ICBs’ role and responsibilities and how they should collaborate, interact and carry out their anti-fraud, bribery and corruption functions in concert with NHS England.


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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