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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


claims club Exeter office

We are pleased to invite you to our next claims club where we will be covering a range of topics.

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Social care forum Birmingham office

We are all waiting with bated breath for the Supreme Court decision in CN & GN, a case which will have a huge practical impact on service providers.

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focus on...

Upcoming webinars

Immigration update

Helen Taylor and Alex Berkshire will be detailing the Government's proposals for a new immigration system and exploring the potential impact on UK business.


Legal updates

Entrepreneurs Relief from CGT: changes to the 'personal company' tests on share sales

When individual employees or directors sell shares in a trading company, or a holding company of a trading group, they may be able to claim entrepreneurs relief ('ER') from CGT on the sale of their shares in that company.


Legal updates

Public matters - January 2019

This month includes local government re-organisation, the Future High Streets Fund, restrictive covenants, litigation privilege, and Ofsted v Durand.


Legal updates

The scope of litigation privilege and ‘purely commercial discussions’

‘Purely commercial discussions’ within an organisation regarding settlement of a dispute prior to litigation are not protected by litigation privilege.


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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