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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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Brexit resources

The Internal Market Bill – an overview

The United Kingdom Internal Market Bill was introduced in the House of Commons on 09 September 2020 (the Bill), provoking much debate and attracting criticism from many. But what exactly is contained within the Bill?

View brexit resources

Legal updates

Government plans to rejuvenate the UK labour market

This article considers some of the Government’s main proposals which are still to come.

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Dealing with net zero biodiversity and air quality issues in planning

The Secretary of State has a duty under the Climate Change Act 2008 to ensure that the net UK carbon account for the year 2050 is at least 100% lower than the 1990 baseline. View our video, discussing the legal obligations of net zero and the practical options and techniques that are required.

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Brexit resources

Departing from EU case law - our opinion

Our response to the consultation on extending powers to depart from retained EU case law to additional lower courts and tribunals.

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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