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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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Legal updates

Electronic signatures in conveyancing

On 9 July the Land Registry published draft guidance setting out the basis on which it will accept for registration transfers (and certain other deeds) that have been signed electronically.


Legal updates

Treasury consults on future lending terms of the Public Works Loan Board

The consultation has been prompted by the specific issue of ‘debt for yield’ to ensure that the PWLB can continue to support local authority investment.


Brexit resources

UK shared prosperity fund

The UKSPF has been proposed to replace the EU ESI funding for less developed regions, however a number of issues require resolution before the fund can be set up.

View brexit resources

Legal updates

Modern Slavery Act 2015 - updated statutory guidance for public authorities in England and Wales

This is timely guidance given that modern slavery will not be exempt from the health, social and economic challenges brought about by Covid-19.


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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