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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.

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Legal updates

Break notices for commercial tenants – beware of the common pitfalls

Due to numerous recent issues affecting the property market more and more break notices are being served by commercial tenants. At the same time, more and more tenants are seeking break rights in their new leases in order to provide them with flexibility when it comes to their real estate.

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Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.

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Legal updates

Public matters - February 2021

This month includes updates on state aid/ subsidy control regime, London Borough of Lambeth v AM, data protection, and administration law.

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Legal updates

High Court grants local authority injunction to prevent breach of confidence

This judgment is critical reading for public bodies who need to take action to restrain the use of confidential information in circumstances where that information has been inadvertently disclosed to a third party.

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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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