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public matters - July 2020

15 July 2020

Welcome to our Public Matters Newsletter.

This month we have:

Public to public cooperation revisited (again)

The European Court of Justice looks again at the Hamburg Waste Principle by which public authorities may cooperate in delivery of services without setting up a separate body or running a tender exercise.

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Covid-19 and Brexit

The economic turmoil caused by lockdown measures combined with uncertainty over Brexit has been said to create a ‘perfect storm’.

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Restarting a project with a new contractor

With an uncertain economic outlook in the post-Covid era, employers may face the prospect of having to appoint a new contractor. Public sector bodies can find restarting projects particularly challenging, so what should they consider?

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Conservation newsletter - July 2020

There is a potential for significant change and public bodies are likely to be at the forefront of delivering that change.

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UK shared prosperity fund

The UKSPF has been proposed to replace the EU ESI funding for less developed regions, however a number of issues require resolution before the fund can be set up.

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Modern Slavery Act 2015 - updated statutory guidance for public authorities in England and Wales

Timely guidance given that modern slavery will not be exempt from the health, social and economic challenges brought about by Covid-19.

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Treasury consults on future lending terms of the Public Works Loan Board

This consultation has been prompted by the specific issue of ‘debt for yield’ to ensure that the PWLB can continue to support local authority investment.

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Covid-19 child protection practice - four months in - lessons learned so far

This University of Birmingham research briefing is relevant to local authorities and insurers because so many claims are based on alleged shortcomings in social work practice.

Read more >

On demand webinar: Covid-19 for local authorities, arms length bodies and government - 16 June 2020

Watch now >

On demand webinar: Managing PFI assets and services as contracts end

Watch now >

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Legal updates

Directors duties in relation to local authority trading companies and special purchase vehicles

Some prudent steps that directors should take to minimise their risk of being personally liable in an insolvency situation.

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Legal updates

School not responsible for pupil attack on teaching assistant: council’s successful appeal a reminder that failure in written risk assessment not fatal - causation is key

Over five years after the event, and following a protracted legal process, Norfolk County Council have successfully appealed a finding of negligence against them.

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Legal updates

Lack of clarity with public sector exit pay cap law

For public sector employers who are scheme employers of the Local Government Pension Scheme (LGPS) the Exit Pay Regulations raise significant legal issues.

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Legal updates

New year, new-ish state aid rules: the new subsidy control regime

Until a formal subsidy regime is put in place funding bodies must grapple with the complex and challenging exercise of legal obligations from the UK-EU TCA and numerous trade agreements to grant funding.

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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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