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public matters - January 2020

21 January 2020

Welcome to our Public Matters Newsletter.

This month we have:

Construction and the environment: building green contracts to meet your carbon-neutral commitments

James Harwood provides a summary of the short and longer-term enviornmental issues in construction projects.

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Clean air - where we are and what we may expect in the future

Sophie Hoffman looks at current clean air legislation, recent developments and the role of local authorities going forwards.

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Local authority ordered to disclose legally privileged material under the Environmental Information Regulations 2004

Natasha Stay provides an update on legal privilage in light of the recent decision in Brooksbank v Information Commissioner and another.

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Dissipation of assets to avoid care home fees

We have seen an increase in local authorities contacting us for advice about dissipation of assets in the context of care homes/nursing homes fees. Amba Griffin-Booth provides an overview of the considerations that local authorities should take into account.

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State aid in loans to wholly owned subsidiaries

Alex Kynoch reviews decision 2019/1712 on a public loan granted by Slovakia to Železničná Spoločnosť Cargo Slovakia [ZSSK Cargo], and it's imapct on public bodies.

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

Matthew Alderton looks at the principle behind the Freedom of Information Act 2000, and exceptions for public authorities.

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A claimant’s Part 36 offer – just beat it

Emma Marshall summarises the recent case of Hochtief (UK) Construction Limited, Volkerfitzpatrick Limited v Atkins Limited, and the effectiveness of Part 36 offers.

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Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.

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Legal updates

Public matters - February 2021

This month includes updates on state aid/ subsidy control regime, London Borough of Lambeth v AM, data protection, and administration law.

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Legal updates

High Court grants local authority injunction to prevent breach of confidence

This judgment is critical reading for public bodies who need to take action to restrain the use of confidential information in circumstances where that information has been inadvertently disclosed to a third party.

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Brexit resources

Consultation on new UK subsidy control regime

It is vitally important that public bodies make use of this opportunity to have their views heard and to shape the future of the new subsidy control regime.

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.

Peter Ware

Peter Ware

Partner and Head of Government Sector

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