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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

Litigation during COVID-19

In these unprecedented times we have seen a significant shift in the conduct of civil litigation over a very short space of time.

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Legal updates

Infrastructure and Projects Authority (IPA) guidance note on private finance initiative (PFI) and private finance 2 (PF2) projects

Major parts of the infrastructure in the UK are currently managed under PFI contracts and their contribution to public service delivery is substantial. In the context of the Covid 19 crisis, therefore, their continuing role is of critical importance to essential services.

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Legal updates

Data protection and Coronavirus

The ICO has recently released updated guidance for businesses who are grappling with concerns around data protection compliance during the ongoing Covid-19 (Coronavirus) pandemic

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Upcoming webinars

COVID-19 for local authorities

We are pleased to invite you to our Covid-19 webinar, where a number of key members of the team will be providing an update on current issues arising in relation to the pandemic and its effect on local authorities.

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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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