public matters - 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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