Public Matters - November 2021
Updates include data breach claims, contract law, procurement & bids, Environmental Protection Act, historical abuse & negligence.
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.
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.
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.
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.
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.
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.
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.
Contact
Anja Beriro
Partner
anja.beriro@brownejacobson.com
+44 (0)115 976 6589
Related expertise
You may be interested in...
Press Release
Browne Jacobson supports Welsh Government with key investments into Morlais tidal power project
Legal Update
Consultation on the new School Support Staff Negotiating Body
Guide
KCSiE 2025 guidance: What schools need to know
Legal Update
What does the 10-year health plan mean for social care?
Legal Update - Employment Rights Bill
The Employment Rights Bill: Is it here yet?
Legal Update
June 2025: A busy month for kinship care
Legal Update
A new planning bill for Wales: What will this mean?
Legal Update
PuFin takes flight: Homes England launches new bank
Opinion
Pride Month: A time to review DEI
Guide
Legal project management: A cornerstone in operational delivery of inquiries
Legal Update
Navigating legal realties for new councillors
Legal Update
Analysis: National audit on group-based child sexual exploitation and abuse (June 2025)
Press Release
Browne Jacobson comments on the government's 10 year infrastructure strategy
Opinion
Employer redundancy guide: Sourcing alternative employment
Press Release - Firm news
Browne Jacobson delivers record-breaking growth as strategic vision drives exceptional performance
Legal Update
What might the public inquiry on child sexual exploitation look like
Opinion
Spending Review: Setting the stage for UK investment
Guide
Using AI for recruitment: The data issues
Press Release
Spending Review 2025: Browne Jacobson lawyers respond to Chancellor’s announcement
Legal Update
ESG and sustainability report: Rethinking communication and credibility
Press Release
Majority of UK organisations remain committed to sustainability and ESG, says new research
Legal Update
Producing robust capacity assessments and the approaches to assessing capacity
Legal Update - Public matters newsletter
Public matters: May 2025
Legal Update
Is the standards regime about to undergo a significant overhaul?
Video
Investigations and inquiries into child sexual exploitation and grooming
Legal Update
Navigating the streets: The legal landscape of low traffic neighbourhoods
Legal Update - Planning reform
All change: The implications of planning reform upon regeneration projects
Legal Update
Supporting local authorities in tackling housing challenges
Legal Update
Consultation on proposed changes to Estyn inspection regime in Wales
Published Article
Andrew Walker, Bridget Tatham: The case for better risk management
Opinion
Disciplinary procedures and mental health: Employer considerations
Legal Update
Supporting mental wellbeing in the workplace: Practical steps for businesses
Press Release
Browne Jacobson appointed to Adra legal framework as housing association launches 2030 vision
Press Release - Firm news
Browne Jacobson appoints Will Thomas as Partner in planning team
Press Release
US-UK trade deal: Reaction from Browne Jacobson lawyers
Press Release
Browne Jacobson signs strategic partnership with Local Government Information Unit
Opinion
EHRC releases guidance for employers after Supreme Court ruling on definition of woman
Press Release
Browne Jacobson to explore skills challenges in built environment at UKREiiF event
Legal Update
2025/26 employment rates and limits: Are costs increases having a negative impact on the job market?
