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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


In house lawyers' forum Nottingham office

Hear from our experienced lawyers in the next in house lawyers' forum.

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Claims club London office

At our March claims club we will be covering vicarious liability for data breaches, FOI requests and the impact of Brexit on local authority insurance teams.

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focus on...

State aid and IP in R&D agreements - hear from our panel of experts

As private businesses, public bodies and universities alike strive to gain a competitive advantage, each increasingly look to each other to develop next generation products and services.


Legal updates

Public matters - March 2019

This month includes procurement, local government frameworks, and state aid post-Brexit.


Legal updates

Local government frameworks: who is in the frame?

Frameworks account for a huge amount of the UK’s procurement activities.


Brexit resources

Managing robust public procurement exercises

The Cabinet Office has issued further guidance in relation to applying exclusions in public procurement, managing conflicts of interest and whistleblowing.

View brexit resources

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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