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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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Claims Club London office

We are pleased to invite you to join us for our popular Claims Club, which will take place in-person in our London office. With a focus on risk in the public sector, as well as discussion on the topics outlined below we are hoping there will be time for Mr Jonathan Cook to don his sparkly jacket for a short festive quiz! Following the session there will be an opportunity for an informal catch up for those who can stay on.

View event

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Focus on...

Press releases

Browne Jacobson helps launch new innovative council company network with Wiltshire Council and Christ Church Business School

Law firm Browne Jacobson has collaborated with Wiltshire Council and Christ Church Business School on the launch event of The Council Company Best Practice and Innovation Network, a platform which brings together academic experts and senior local authority leaders, allowing them to share best practice in relation to council companies.


The UK's green agenda - the outcomes of COP27 and actions since COP26

Just over a year ago world leaders, policymakers, scientists and environmental activists gathered in Glasgow for COP26. Now many of those same people have also travelled to Egypt to attend this year's summit for what has been billed as “A moment of truth for the international community”.


Legal updates

Public Matters - November 2022

Updates include COP27, The end of drop in applications, Settlement agreements, Investment zones and Assaults on school staff.


Legal updates

Dipping in and out of the Investment Zones

Announced in September but scrapped on 17 November the investment zone proposals were very short lived. The proposal has now morphed into the proposal for a smaller number of clustered zones earmarked for investment.


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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