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public matters - November 2019

27 November 2019

Welcome to our Public Matters Newsletter.

This month we have:

Purdah: publicity considerations for public bodies, including the health service in the pre-election period

Victoria Searle looks at who is caught by it, what can and can’t happen in purdah, and what does it mean for the wider public sector?

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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 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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Devolution deal for Metro Mayors

Nat Avdiu provides an update on the devolution deal achieved by the Greater Manchester Combined Authority, and other Metro Mayors.

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Rise in the cost of borrowing from the Public Works Loan Board - to harm project viability?

Deveshi Patel looks at the impact of the Treasury’s recent decision to raise the borrowing rate from the Public Works Loan Board, opposition to the deicsion and alternative soucres of funding.

Read more >

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training and events

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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6Feb

Planning club Nottingham office

Our regular planning club will be covering planning enforcement POCA and enforcement notices, town and village greens after the Lancashire case, and a planning case law update.

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focus on...

Legal updates

State aid in loans to wholly owned subsidiaries

State aid is a key concern for public bodies establishing and funding commercial entities, whether wholly or jointly owned.

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Legal updates

FOIA and data protection: the difficult balancing exercise for public authorities when a request is made for third party personal data

The Freedom of Information Act 2000 (‘FOIA’) allows members of the public to request information from public bodies. As guidance issued by the Information Commissioner explains, the main principle behind FOIA is that people have a right to know about the activities of public authorities, unless there is a good reason for them not to.

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Legal updates

A claimant’s Part 36 offer – just beat it

In the recent case of Hochtief (UK) Construction Limited, Volkerfitzpatrick Limited v Atkins Limited [2019] EWHC 3028 (TCC), the claimant made a Part 36 offer to settle of £875,000 early on in the dispute.

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Upcoming webinars

IR35: top 10 tips

With IR35 changes moving ever closer, this practical session will take you through the changes and give you clear advice on how to get ready.

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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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