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public matters - February 2020

19 February 2020

Welcome to our Public Matters Newsletter.

This month we have:

Advocate General opinion broadens scope of the public - public procurement exemption

Karl Edwards reviews the implications for contracting authorities in the Informatikgesellschaft für Software-Entwicklung (ISE) mbH v Stadt Köln judgment, which appears to widen the scenarios in which contracting authorities can look to rely on the exemption contained with Regulation 12(7) of the Public Contract Regulations 2015 (PCR).

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Social value in procurement

In the context of decreasing public funds, Tara Cole provides an update on the Public Services (Social Value) Act 2012, and its aim to maximise the positive outcomes of the procured services beyond the financial costs of a contract.

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Local planning authorities to extend the time period for determining prior approval applications

Victoria Searle summarises the judgment in Gluck v Secretary of State for Housing Communities and Local Government [2020] EWHC 161 Admin, which overturns the precedent previously established in R (Warren Farm (Wokingham) Limited) v Wokingham Borough Council.

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Clean Air Bill – what is its impact and will it ever become law?

Publicity surrounding clean air could be influential in shaping future government policy. Ben Standing takes a look at the The Clean Air (Human Rights) Bill [HL] 2019-2020, which had its first reading in the House of Commons on 3 January 2020.

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Rent regulation for all

Originally published in ALARM’s member journal, Victoria Curran reviews the new Rent Standard and potential impact for social housing providers.

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Should heading the ball be banned in football lessons?

Victoria Curran looks at the duty of a school to its pupils, potential risk and foreseeability of an injury.

Read more >

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Legal updates

Director duties and Covid-19

Boards across the country are working tirelessly to respond to an ever-evolving situation as quickly as they can - with one eye on trying to protect the business, employees and wider stakeholders and the other on ensuring that they are always acting in the best interests of their shareholders.

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Legal updates

Supreme Court curbs the liability of employers for data breaches committed by their employees

In a judgment that will be welcomed by private and public sector employers throughout the country, the Supreme Court has today upheld the appeal in the Morrisons Supermarkets case about whether vicarious liability may arise for data protection breaches by a rogue employee. Read more here.

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Covid-19: Managing Risks to Your Business: Fighting Fear with Facts

In our Covid-19 webinar, a number of key members of our team provide an analysis of current issues arising in relation to the pandemic and its effect on business.

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Legal updates

New insolvency laws during the COVID-19 crisis

On Saturday, 28 March 2020, Business Secretary, Alok Sharma MP, announced changes to the insolvency regime as part of the governments overriding objective.

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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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