Emergency Services collaboration

Nathan East considers the PEEL report which looked into the successes and pitfalls of police-to-police collaboration. Read more
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  NEWS

Sep 14, 2020

Council awarded indemnity costs after High Court waste dispute win

A High Court judge has awarded Essex County Council indemnity costs after ruling earlier this year that the local authority had been entitled as of 13 June 2019 to terminate a 25-year contract with UBB for the processing of household waste.
Sep 08, 2020

City council shuts loss-making energy company, agrees action plan to address governance failings

The UK's first energy company to be set up and run by a council is to be shut down and its customer base sold to a rival energy supplier, following an audit which found serious governance failings.
Sep 08, 2020

Trowers advises not-for-profit housing company on £100m regeneration project

Trowers & Hamlins has advised Tirion Homes, a “not-for-profit” housing company, on first phase refinancing of The Mill, a £100m, residential-led urban regeneration project in Cardiff, by M&G Investments.
Sep 03, 2020

Cabinet votes against trading company proposal despite concerns of monitoring officer over conduct of meeting

Broadland District Council’s Cabinet has voted down a proposal to form a local authority trading company for waste services despite concerns from its monitoring officer about the conduct of the meeting.
Sep 03, 2020

Isle of Wight Council takes preliminary steps for legal action over ‘floating bridge’ ferry

Isle of Wight Council has taken pre-action legal steps with suppliers of the island’s ‘floating bridge’ ferry after it spent most of the summer out of action.
Sep 03, 2020

London mayor granted permission for judicial review challenge over incinerator plan

The High Court has agreed to allow London mayor Sadiq Khan to challenge at judicial review a plan to build an incinerator at Belvedere, in south-east London.
Aug 20, 2020

Council facing £5m+ claim from construction firm after project stopped during lockdown: report

Northumberland County Council faces a legal claim for some £5.5m after a construction project was shut during the COVID-19 lockdown, it has been reported.
Jul 28, 2020

Another local authority expresses interest in calling off legal services from Harlow special projects framework

A fifth local authority in Essex has expressed interest in calling off legal services from a £4m framework being set up by Harlow District Council to provide support for special projects.
Jul 23, 2020

Procurement: how to reduce the risk of fraud

Following publication of a government review into the risks of fraud and corruption in local government procurement, Matt Marsh looks at what local authorities and other public bodies can do to tackle the issue.
Jul 22, 2020

Town council vows to contribute to £50k fund for judicial review of airport reopening

Ramsgate Town Council is to contribute to a fund to take Transport Secretary Grant Shapps to judicial review over his decision to allow the reopening of Manston airport.

  FEATURES AND ANALYSIS

September 10, 2020

TUPE and splitting contracts of employment

Can a contract of employment be divided between transferees following a TUPE transfer? Charles Pigott examines a recent ruling of the Court of Justice of the European Union.
September 03, 2020

Standing to bring a procurement challenge

A Technology & Construction Court judge recently ruled that a consortium bringing a procurement claim was not an economic operator under the Public Contracts Regulations 2015 and would have had no chance of winning a hypothetical procurement. Colin Ricciardello analyses the judge's reasoning.
September 03, 2020

Delivering Infrastructure in Wales: Current issues

Russell Harris QC, James Maurici QC and Heather Sargent consider issues that infrastructure projects are currently facing in Wales, including the delivery of infrastructure in National Parks and AONBs, and the impact of the Habitats Regulations.
August 20, 2020

The impact of withdrawn Part 36 offers when resolving disputes

Justine Soutter considers the effect of a recent case, involving a borough council, on withdrawn Part 36 offers for successful parties.
August 13, 2020

Act fast to take advantage of the Green Homes Grant

Last week the Government announced the inclusion of local authorities in England within the scope of applicants for the Green Homes Grant. Nathan Bradberry and Maxim Laithwaite discuss how local authorities can get the most out of the scheme.
August 06, 2020

Who is in charge of the PFI Train?

Rob Hann, former Head of Legal at 4ps/Local Partnerships, gives his unique insight into the pending expiry of many PFI contracts in the local government sector and asks who will take responsibility for the next generation of local government assets and services, an issue that is becoming ever more urgent…..
July 23, 2020

Waste planning in a commercial context

A High Court judge recently ruled that Essex County Council was entitled in 2019 to terminate a 25-year contract for the processing of household waste. Stephen Tromans QC explains why.
July 23, 2020

Coronavirus – accentuating the differences

V. Charles Ward looks at the issues thrown up by the COVID-19 pandemic in relation to exchange of contracts, transfer of funds, and due diligence identification.

  MORE NEWS

Jul 17, 2020

Judge rules procurement claimant was not economic operator at relevant time in dispute over largest ever contract let by council

A claimant lacked eligibility as an economic operator at the relevant time and this was sufficient to dispose of its claim against Gloucestershire County Council over the £600m+ procurement of an incinerator, a judge has ruled.
Jul 15, 2020

LGA warns on risk of having to return £730m in unspent EU funds

More than £730m of European Union funds that could help local economies recover from the Covid-19 pandemic has been left unspent by Whitehall, the Local Government Association (LGA) has claimed.
Jul 14, 2020

Council stymied after legal advice suggests no basis to challenge consent order for solar power station

Legal advice obtained by Swale Borough Council on the prospect of a judicial review to overturn a consent order for a 350 MW solar power station and battery storage on Graveney Marshes has suggested that there is no basis upon which the decision can be legally challenged.
Jul 10, 2020

District council to appoint five legal providers to £4m panel for special projects

Harlow District Council is to set up a legal services framework worth an estimated £4m to provide support for special projects.
Jun 30, 2020

Chris Packham given permission to appeal in HS2 legal challenge

The Court of Appeal has agreed to hear broadcaster Chris Packham’s appeal regarding an application for permission for judicial review of the Prime Minister’s decision to proceed with the HS2 railway project.
Jun 18, 2020

Judge declares council was entitled to exit 25-year waste processing contract, awards £10m+ in damages

Essex County Council was entitled as at 13 June 2019 to terminate a 25-year contract for the processing of household waste, a High Court judge has ruled.
Jun 15, 2020

Blackpool Borough Council awarded £1.1m in tram depot construction claim

A High Court judge has awarded Blackpool Borough Council £1.1m in damages in a claim for alleged breaches of contract in relation to the design and construction of a new tram depot.
Jun 11, 2020

Government issues procurement policy note on recovery and transition from COVID-19

The Cabinet Office has issued a procurement policy note on recovery and transition from COVID-19 that applies to all contracting authorities.
Jun 09, 2020

Government issues advice to local authorities on how to fight procurement fraud

The Ministry of Housing, Communities and Local Government has published a Review into risks of fraud and corruption in local government procurement, which provides advice on how councils can strengthen their processes and implement prevention measures.
Jun 05, 2020

Spending watchdog warns public bodies on challenge of managing end of PFI contracts as disputes loom

More than a third of public bodies expect to have formal disputes as PFI contracts come to an end, the National Audit Office has found.
Jun 04, 2020

Campaigners get green light for legal challenge over felling of wood near planned nuclear power station

A group that campaigns against the proposed Sizewell C nuclear power station has won permission to take East Suffolk Council to judicial review in a dispute over felling a wood.
May 29, 2020

Planning Inspectorate to scale up virtual hearings in June

The Planning Inspectorate has unveiled plans to hold at least another 20 hearings and inquiries and an additional 15 hearings for national infrastructure projects in June.
May 21, 2020

Government facing legal challenge over failure to review Energy National Policy Statements

Environmental activists have launched a legal challenge over the government’s failure to review the Energy National Policy Statements.
May 14, 2020

Back office shared service LGSS set to be broken up but LGSS Law unaffected by move

The LGSS shared services enterprise is expected to be broken up although this will not affect the separate LGSS Law operation.
May 04, 2020

Two councils sign up to first pooled bond issues from UK Municipal Bonds Agency

Westminster City Council and Barnsley Metropolitan Borough Council have confirmed they will participate in one of the first pooled bond issues announced by the UK Municipal Bonds Agency (“UKMBA”).
May 04, 2020

Council gives green light to UK's first Community Municipal Investment

Councillors at West Berkshire Council voted last week to approve the UK's first Community Municipal Investment, a bond or loan mechanism issued by a council directly to the public.
Apr 17, 2020

Law firm advises on trio of waste and recycling deals worth £400m

The Waste and Resource Management team at law firm Bevan Brittan have advised on the completion of a hat trick of waste, recycling, and environmental services projects.
Apr 14, 2020

Winckworth Sherwood promotes education and infrastructure specialists to partner

Law firm Winckworth Sherwood has promoted Theresa Kerr in Education and Jane Wakeham in Parliamentary to partner, effective from 6 April.
Apr 08, 2020

Bevan Brittan advises London borough on £80m debut private placement

Law firm Bevan Brittan has advised the London Borough of Brent on a debut private placement that has raised £80m for the council.
Mar 12, 2020

Law firm advises district council in new leisure deal

Blake Morgan has supported Chiltern District Council in the completion of a leisure management procurement deal for three leisure centres worth nearly £36m.
Mar 05, 2020

Inconsistent take-up of Cabinet Office guidelines on outsourcing means government risks “another Carillion”: report

The government risks "another Carillion" if it does not get behind the reforms put forward after the firm’s liquidation, a report from the Institute for Government has warned.
Mar 03, 2020

Broadcaster Chris Packham launches judicial review challenge over decision to proceed with HS2

Broadcaster and naturalist Chris Packham is to challenge the decision of the Prime Minister to give the go-ahead to HS2, claiming that the review central to the mandate to proceed was “seriously flawed in its methods”.
Mar 02, 2020

Judge rejects bid by defendant to have expert evidence ruled inadmissible in £6m breach of contract claim brought by council

A High Court judge has dismissed an application by a defendant company that a council bringing a £6m claim for alleged breaches of contract, in relation to the design and construction of a new tram depot, should not be permitted to rely upon the evidence of two experts.
Feb 27, 2020

Bevan Brittan to advise city council on roll-out of 5G across region

Law firm Bevan Brittan has won a competitive tender to advise Sunderland City Council on the make-up and procurement of a strategic consortium to deliver cutting-edge 5G connectivity across the whole city region.
Feb 12, 2020

Trowers & Hamlins advises London borough on first phase of 10,000 home regeneration scheme

Law firm Trowers & Hamlins has advised the London Borough of Enfield on Meridian One, the first phase of the Meridian Water project.

  MORE FEATURES

July 23, 2020

Deferral of CIL

Christopher Cant looks at the government's proposals on the deferral of the Community Infrastructure Levy and sets out areas of concern for local authorities.
July 16, 2020

Lockdown and local authority commercial development income

Rob Hann sets out the background to local authorities' investment in commercial property and examines why it has proved so controversial.
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June 29, 2020

Income-strip and housing supply

When it comes to boosting housing supply, is income-strip a potential solution? Paul McDermott looks at the advantages.
June 26, 2020

Ch-ch-ch-ch-changes - a practical checklist for varying public sector agreements

How should you go about varying agreements? Kieran McGaughey provides a practical checklist.
June 12, 2020

The End of PFI or… a new dawn for local authority infrastructure investment?

Rob Hann assesses new guidance from the National Audit Office for public bodies as PFI contracts start coming to an end, and looks at what the future holds for local authority investment.
June 04, 2020

Changes to insolvency legislation

The Government has announced changes to the insolvency framework, including provisions relating to PPP and PFI contracts. Melanie Pears and Tim Care look at the key points.
June 01, 2020

Compulsory purchase in the time of coronavirus

Simon Randle, Vivienne Sedgley and Katharine Elliott analyse recent government guidance on compulsory purchase orders during the pandemic.
May 29, 2020

Coronavirus and the Development Agreement

It is important to review existing Development Agreements and associated contract documentation, writes V. Charles Ward, given that all significant development delays have contractual consequences, particularly for housing regeneration.
May 29, 2020

The no-nonsense guide to biodiversity net gain

Jonathan Easton and Constanze Bell break down the need-to-know aspects of biodiversity net gain (BNG) in their "no-nonsense" guide on the issue.
May 01, 2020

Construction and commercial contracts during COVID-19

The pandemic has already had a profound effect on business operations. With that in mind, Justin Mendelle and Helen Batter turn their attention to how contracting parties in the commercial and construction industries can protect themselves in existing and future contracts.
April 24, 2020

Public sector property after the virus

Chris Plumley examines some of the early trends we are seeing in relation to public sector property during the coronavirus outbreak.
April 09, 2020

PFI and PF2 projects during the coronavirus

The government has issued IPA guidance on PFI/PF2 projects during COVID-19. Olivia Blessington looks at what it says.
March 23, 2020

COVID-19 and new State aid exemptions

The European Commission has adopted new State aid exemptions to allow Governments to alleviate the economic impact of COVID-19. Jonathan Branton and Alexander Rose analyse the provisions.
March 06, 2020

The role of judicial review applications in the CIL regime

A recent decision of Mr Justice Swift in the Planning Court will have a significant impact on the manner in which a Community Infrastructure Levy (“CIL”) is challenged and the stance taken by authorities in rebutting such challenges, writes Christopher Cant.
March 06, 2020

Contracting authorities co-operating together

An Advocate General’s opinion has provided guidance on the circumstances in which contracting authorities can co-operate with other contracting authorities without needing to procure the arrangement. Richard Moore, Rebecca Powell and David Stedman analyse the findings.
February 21, 2020

Infrastructure planning and conventional planning: the borderlines between the two regimes

The High Court recently upheld the Secretary of State for Transport’s decision that expansion proposals for London Stansted Airport should not be treated as a Nationally Significant Infrastructure Project. Charles Banner QC explains why.
January 31, 2020

Allocation of risk in construction contracts

Rachel Murray-Smith and Oliver Slater look at the importance when entering construction contracts of the parties reflecting the allocation of risk.
January 17, 2020

Climate emergency #5: have you thought about Funding and Investment?

With local authorities seeking to deliver on some of their declared priorities to address the climate emergency, attention is turning to how to fund some of the ideas and initiatives, writes David Hutton.
January 10, 2020

Elephant, Dove, Old Oak, RICS

It is time to return to fundamentals when it comes to the delivery of social housing, writes Simon Ricketts, as he reviews recent developments in relation to two major projects.
December 17, 2019

Investing public money in district heating

Steve Gummer and Catherine Maddox analyse an important recent decision from the European Commission that will be helpful to authorities considering district heating schemes.