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Public Matters - November 2021

29 November 2021

Welcome to our Public Matters Newsletter.

This month we have:

Stemming the tide of data breach claims: good news for data controllers

Ros Foster and Matthew Alderton summarise recent cases, which give considerable comfort to data controllers seeking to defend themselves against claims that relate to breaches arising as a result of a failure rather than a direct act and/or are based on assertions of damage or distress that are exaggerated, unsubstantiated or bear little relation to the breach itself.

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Onerous terms: the devil is in the detail!

Ruairi O'Grady sets out the legal position on the incorporation of both standard and onerous T&Cs into a contract before exploring HHJ Davies’ conclusion that the claimant’s onerous T&Cs had not been successfully incorporated.

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Amendments to public procurement thresholds

It is critical that contracting authorities are aware of this biennial review and the amended threshold figures.

Peter Ware takes us through the changes.

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Managing consortium bids

Anja Beriro looks at the three key pinch points that need to be properly managed: the selection qualification stage, award criteria evaluation and contract finalisation.

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Environmental Protection Act 1990 claims - the next big thing for claimant solicitors?

Traditionally Environmental Protection Act (EPA) claims in respect of statutory nuisance were made by local authorities against occupiers, however claimant solicitors are increasingly pursuing this avenue on behalf of tenants by suggesting that the condition of their home constitutes a statutory nuisance.

Victoria Curran outlines what to do if you receive an EPA notice.

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Local authorities: recoveries from abusers for the benefit of the public purse

It is an unfortunate reality that many local authorities face historical abuse claims, and often held vicariously liable for abuse by their former employees.

Ryan Wise sets out an overview of recoveries law and insight into successes we have had in recouping money for local authorities.

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Settled law on failure to remove negligence claims: does section 20 of the Children Act 1989 create a lasting duty of care?

Louise Fisher explains why the judgment in YXA v Wolverhampton City Council [2021] is significant for several reasons.

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30Jun

What’s the right level of risk? ON24 webinar platform

In this webinar our procurement, health and social care and risk experts will discuss ‘what’s the right level of risk’. They will also discuss what can be done to mitigate risk.

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6Jul

New guidance on exclusions - what you need to know ON24 webinar platform

The department for Education is releasing new guidance on exclusions and suspensions, making changes to the behaviour, suspension and exclusion framework and guidance. Join us on 6 July as we explain the proposed changes and help you understand how they will affect you and your school.

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Focus on...

Legal updates

Welsh Human Rights Bill: A parting of the ways?

The Welsh Government has published a report setting out a blueprint for devolution of justice and policing in Wales that pulls no punches in making the case for taking greater control from Westminster.

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Legal updates

The Procurement Bill - selection, exclusion, conflict of interests and debarment

On 11 May 2022, the UK Government introduced the Procurement Bill which seeks to reform the existing rules on public procurement. The Bill underwent its second reading on 25 May 2022 and we can expect the Act to come into force some time next year. This article will take you through some of the proposed changes on selection, exclusion, conflict of interests and debarment in the procurement process.

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Legal updates

The Introduction of the Social Partnership and Public Procurement (Wales) Bill by the Welsh Government

The Social Partnership and Public Procurement (Wales) Bill (the Bill) was introduced by the Welsh Government on 7 June 2022. The Bill is intended to complement other legislation, specifically the Well-being of Future Generations (Wales) Act 2015 (WFGA 2015) and provides a framework for enhancing the well-being of the Welsh people.

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Legal updates

Acclimatise! You can’t afford to cop out!

Climate change could result in local authorities seeing an increase in claims from the employees and the public. In this article, we share our top 10 tips for mitigating the risk of claims.

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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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