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public matters - October 2019

18 October 2019

Welcome to our Public Matters Newsletter.

This month we have:

Government outsourcing; its successes, failures and its future

The Institute for Government has released a report about government outsourcing which has assessed the successes and failures of outsourcing in various sectors. Tara Cole looks at the key points and future steps.

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Amending a contract? Have you lost your right to terminate?

The recent case of NHS Commissioning Board v Vasant (t/a MK Vasant and Associates) demonstrates the difficulties that an organisation can face when trying to amend their contracts. Chloe Poskitt identifies the practical considerations for public bodies.

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Comprehensive land registration: 2025 target set for the public sector

A significant part of the Land Registry's strategy to secure full registration of all freehold land in England and Wales by 2030 is to focus on all unregistered land owned by local authorities and other public bodies. Ayesha Khalique outlines the key points for public bodies.

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Public procurement with SMEs and the mafia

Anja Beriro reviews the case of Vitali SpA in Vitali SpA v Autostrade per l’Italia SpA (C-63/18) EU:C:2019:787, which highlights the importance of adapting public procurement to the needs of SMEs and to be mindful of the mafia!

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Failure to cooperate with an inquest

The recent case involving Duncan Lawrence a clinical lead at Lancaster Lodge, a therapeutic community in South West London, highlights the importance of engaging with coroners and preparing well for any inquest. Rebecca Hawes takes summaries the key issues.

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How public bodies should maker fair decisions during Brexit and beyond

As we continue through some turbulent political waters, many public bodies seek advice and support on ensuring the decisions they make comply with the expectations of the law.

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Data protection: preparing for Brexit

Although there is uncertainty about what arrangements will apply when the UK leaves the EU, there are a number of practical steps that can be taken now to prepare from a data protection perspective and to ensure that any data flows to and from the EU can continue post Brexit.

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training and events

11Dec

Lunchtime learning session on Ocean Outdoor -v- London Borough of Hammersmith and Fulham Nottingham office

The Court of Appeal has recently handed down judgment in Ocean Outdoor v London Borough of Hammersmith & Fulham. Join us on our lunchtime learning session about this case.

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22Jan

Managing procurement risks and challenges Manchester office

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?

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focus on...

Upcoming webinars

Poole Borough Council -v- GN [2019] UKSC 25 – What does this mean for my organisation?

Six months on from the Supreme Court decision in the Poole Borough Council -v- GN case we look at emerging behaviours in response to this key decision, and its impact on agencies involved in child protection, including health, police, social care and education.

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Legal updates

Devolution deal for Metro Mayors

Devolution in England has resulted in a number of devolution deals with combined authorities created, certain powers developed and local mayors elected.

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Care Quality Commission and health & care regulatory update 7 November

Carl May-Smith provides an update on CQC & Competitions & Markets Authority enforcement.

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Legal updates

ECJ guidance on applying exclusions to potential problem bidders

Rebecca McLean reviews the case of Delta Antrepriză de Construcţii şi Montaj 93 SA v Compania Naţională de Administrare a Infrastructurii Rutiere SA, which highlights the European Court of Justice’s (ECJ’s) recent ruling on the interpretation of Article 57(4) of Directive 2014/24 (the public procurement directive), which provides useful clarification over when contracting authorities can apply exclusions grounds where an economic operator has been in default under a prior public contract.

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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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