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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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Training and events

8Jul

In house lawyers: our digital future Online

As lawyers what can we do to stay on top of the changes and make sure we're prepared for what's ahead?

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9Sep

In house lawyers: our sustainable future Online

This might be the greatest challenge facing C-Suite and legal teams over the next few years. What does that mean for you?

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Focus on...

Claims club

Watch our on-demand video for our popular Claims Club where we discussed the risk of data sharing, risks in a changing climate, highway claims and what we can see on the horizon.

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Legal updates

Public Matters - June 2021

This month includes updates on GPoC, JCT or NEC, 'failure to remove' claims, regeneration, risk in health and social care and subsidy control.

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Legal updates

General Power of Competence: what does this mean for Wales?

With the recent enactment of the Local Government and Elections (Wales) Act 2021 (the ‘Act’), the General Power of Competence (‘GPoC’) is soon to be conferred on Welsh Local Authorities and eligible community councils, putting them in line with their English counterparts regarding these broader powers.

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Legal updates

Early contractor involvement is growing in popularity with local authorities, but which is the best route, JCT or NEC?

Joint Contracts Tribunal (JCT) and New Engineering Contract (NEC) - which drafting works best, and where are the traps for the unwary?

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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.

Peter Ware

Peter Ware

Partner and Head of Government Sector

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