Subsidy Control - Referral to the Competition & Markets Authority

In the third article in a four-part series on subsidy control, Chris Harper and David Owens look at the role of the Competition and Markets Authority (CMA). Read more
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  NEWS

Oct 04, 2021

Thinktank sets out principles that should underpin Levelling Up White Paper

The LGiU thinktank has set out six principles that it believes should underpin the Government’s forthcoming Levelling Up White Paper.
Sep 28, 2021

Bevan Brittan strengthens construction offering with hire of two partners and two senior associates

Law firm Bevan Brittan has bolstered its Construction Team with the appointment of two partners and two senior associates.
Sep 20, 2021

County mulls switch to Leader and Cabinet model, claiming it will “strengthen case for devolved powers”

Nottinghamshire County Council is to debate plans to return to a leader and cabinet model, having operated a committee-style model since 2021.
Sep 20, 2021

Prime Minister and Secretary of State launch ‘Levelling Up’ taskforce as beefed-up Ministry gets rebrand

The Ministry of Housing, Communities and Local Government is to become the Department for Levelling Up, Housing and Communities, the Government has announced.
Sep 14, 2021

Trowers advises district council on financing of 600-home joint venture

Law firm Trowers & Hamlins has advised Warwick District Council on the financing of a new partnership with Vistry Partnerships that will lead to the development of over 600 homes.
Sep 07, 2021

Freeths advises on project to convert landfill site into community owned solar-farm

National law firm Freeths has advised Plymouth Energy Community (PEC) on a collaboration with Plymouth City Council, to develop a new community-owned solar farm.
Sep 06, 2021

Cabinet Office updates procurement policy note on reserving below threshold procurements

The Cabinet Office has updated its procurement policy note and guidance on reserving below threshold procurements to provide additional clarification on the application of the policy for other contracting authorities, reservations by supplier location and transparency requirements.
Sep 03, 2021

Council to require all buildings to be removed from biomass plant

The Vale of Glamorgan Council is to take enforcement action over planning concerns relating to the Biomass Gasification Plant in Barry.
Sep 01, 2021

North West council defends £202m loan to major local employer

Warrington Brough Council has been caught in controversy after making an unusually large loan to a company controlled by a billionaire.
Aug 26, 2021

Regulator to investigate company involved in solar panel scheme with city council

Energy regulator Ofgem has launched a probe into a company involved in a solar panel scheme with Stoke-on-Trent City Council.

  FEATURES AND ANALYSIS

September 30, 2021

The new subsidy control regime: new rules on competition and relocation

In the second article in a four-part series, Edward Reynolds and David Owens consider two key provisions in the Subsidy Control Bill on competition and relocation of activities.
September 30, 2021

Carbon reduction and central government contracts

Jenny Beresford-Jones looks at the imminent prospect of Supplier Carbon Reduction Plans being assessed in large government contracts.
September 30, 2021

PFI contract expiry and handover assistance from the IPA

Is the support plan produced by the Infrastructure and Projects Authority one you can work with on PFI contract expiry? Martin Cannon looks at the details.
September 23, 2021

The Subsidy Control Bill 2021: key questions for Parliament to consider

Jonathan Branton and Alexander Rose outline some key issues with the Subsidy Control Bill as it reached the second reading in Parliament this week.
September 16, 2021

Subsidy Control Bill - The General Principles

In the first in a four-part series David Owens and Edward Reynolds review the Subsidy Control Bill.
September 09, 2021

LEPs and public funding

A Government review of Local Enterprise Partnerships is expected to lead to significant changes in how public funding is delivered in England, write Jonathan Branton and Alexander Rose.
September 02, 2021

Electric vehicles and landowners – it’s time to get plugged in!

David Hobbs looks at some key issues for public sector landowners to consider when providing electric vehicle charging points.
August 19, 2021

Road investment and climate change

The Government’s £27bn Road Infrastructure Strategy has been found to be lawful. John Litton QC and Andrew Byass analyse the High Court’s ruling.

  MORE NEWS

Aug 23, 2021

High Court gives go-ahead for judicial review challenge over ‘Levelling Up Fund”

The High Court has granted the Good Law Project permission for its legal challenge against three Whitehall departments over the multi-billion pound “Levelling Up Fund”.
Aug 19, 2021

Treasury guidance sees councils allowed to use Public Works Loan Board to refinance commercial property debt that would otherwise be ineligible for support

The Treasury is to allow local authorities to borrow from the Public Works Loan Board (PWLB) to refinance debt even when this has been incurred on commercial property projects now ineligible for the board’s support.
Jul 27, 2021

Trowers advises London borough on CPO for strategic infrastructure works for £6bn Meridian Water development

Law firm Trowers & Hamlins has advised the London Borough of Enfield on a compulsory purchase order relating to strategic infrastructure works necessary to enable the £6bn Meridian Water regeneration.
Jul 22, 2021

Waste recycling business wins stay in battle with council over appropriate forum to resolve EcoPark dispute

Suez Recycling and Recovery Surrey has won a stay of proceedings in a dispute with Surrey County Council over the provision of waste infrastructure.
Jul 13, 2021

Government to review Nationally Significant Infrastructure Projects regime in bid to halve process time for some projects

The Government has launched an operational review of the Nationally Significant Infrastructure Projects (NSIP) regime with the aim of some projects going through the process in up to half the time than at present.
Jun 17, 2021

District and county at loggerheads after legal advice leads to rejection of £15m Housing Infrastructure Fund grant for relief road

A row has erupted between Melton Borough Council and Leicestershire County Council after the latter refused on legal advice to accept a £15m government grant.
Jun 14, 2021

Cambridge college loses judicial review challenge over Government refusal to grant European Regional Development Fund support

A Cambridge college has lost an action over whether it should have received a European Regional Development Fund (ERDF) grant towards a biomedical laboratories project, despite succeeding on one point in a judicial review.
Jun 02, 2021

Council defeats Court of Appeal challenge over Elephant and Castle redevelopment

A local activist group has lost a challenge at the Court of Appeal to the London Borough of Southwark’s grant of planning permission for a major redevelopment of the Elephant and Castle area.
May 31, 2021

High Court rejects legal challenge by contractors over retrospective extinction of "exit credits"

A High Court judge has rejected a judicial review challenge over the lawfulness of regulations that extinguished contractors’ right to Local Government Pension Scheme “exit credits” with retrospective effect.
May 31, 2021

Combined authority to procure legal services framework agreement worth up to £7.5m

The Tees Valley Combined Authority is to establish a group-wide legal services framework agreement worth an estimated £5m-7.5m over four years.
May 18, 2021

Ombudsman criticises council for way it allocated Covid grants to businesses

The Local Government and Social Care Ombudsman has criticised the way a North Yorkshire district council administered a discretionary grant scheme which was designed to help businesses impacted by Covid-19.
May 17, 2021

Harlow names five law firms to £4m major projects panel

Harlow District Council has named five law firms to a £4m, four-year contract to support its in-house legal team in delivering advice for major projects.
May 12, 2021

DVLA appoints law firm to £830k contract advising on exit from property PFI deal

The DVLA has handed law firm Gowling WLG a two-year contract worth more than £830,000 to advise on the expiry of a major PFI agreement.
May 11, 2021

Planning, procurement and judicial review legislation to the fore in Queen's Speech

Bills covering planning, procurement, subsidy control, judicial review and electoral integrity are among the key pieces of legislation outlined in today’s Queen’s Speech.
Apr 26, 2021

Combined authority appoints law firm for projects legal advice worth up to £4m

The West Yorkshire Combined Authority (WYCA) has appointed law firm Pinsent Masons to provide projects legal advice under a contract potentially worth up to £4m over three years.
Apr 21, 2021

Council wins extension of time in tribunal case over investment in solar farms

Thurrock Council has been given an extension of time to make its case in a First Tier Tribunal case over disclosures sought by the Bureau of Investigative Journalism (BIJ).
Apr 06, 2021

Good Law Project sends pre-action letter to Secretary of State over allocation of 'Levelling Up Fund'

The Secretary of State for Housing, Communities and Local Government is facing a potential legal challenge over the allocation of local authorities to different categories of the £4.8bn Levelling Up Fund.
Mar 22, 2021

Councils to be given greater flexibility in reforms to use of Right to Buy receipts

Councils in England are to be given more freedom on how they spend the money received from homes sold through Right to Buy, Housing Secretary Robert Jenrick has said.
Mar 03, 2021

Budget 2021: reaction from the sector

Local Government Lawyer looks at the reaction of the sector to Chancellor Rishi Sunak’s Budget.
Mar 03, 2021

Budget 2021: key measures

Local Government Lawyer identifies some of the key measures from Chancellor Rishi Sunak’s Budget affecting the local government and housing sectors.
Feb 10, 2021

Independent review of construction frameworks to establish ‘gold standard’, identify standard contract terms

The Cabinet Office has launched an independent review into construction frameworks as part of the implementation of the ‘Construction Playbook’.
Feb 10, 2021

Council names two firms to £800,000 contract providing legal support for major regeneration project

Guildford Borough Council has appointed DAC Beachcroft and Trowers & Hamlins to a contract worth an estimated £800,000 over three years to support a major regeneration project.
Feb 05, 2021

Government issues policy note on procurements in an emergency, warns on commercial risks of direct awards without competition

The Cabinet Office has issued a procurement policy note (PPN) reminding contracting authorities of the options available to them when undertaking procurements in an emergency.
Feb 03, 2021

Government launches consultation on “bespoke” approach to subsidy control

The Department for Business, Energy & Industrial Strategy (BEIS) has launched a consultation on its proposed new approach to subsidy control in the UK.
Jan 27, 2021

Sharpe Pritchard appoints Rob Hann as Head of Local Government

Specialist public law firm Sharpe Pritchard has appointed Rob Hann as its Head of Local Government.

  MORE FEATURES

August 12, 2021

The Stonehenge Tunnel case: heritage impacts and consideration of alternatives

A High Court judge recently quashed the approval of the Stonehenge Tunnel. Victoria Hutton, Rose Grogan, Christiaan Zwart and Richard Harwood QC examines the ruling.
July 29, 2021

The counter-restitution principle defined

In an important decision in the law of unjust enrichment, the Court of Appeal has defined the counter-restitution principle for the first time after detailed argument about its basis and scope, writes Simon Salzedo QC.
July 22, 2021

Transparency in regulated procurements

A county council has recently defended a waste company’s application for summary judgment in a procurement dispute. Joseph Barrett explains how.
July 01, 2021

No more reward without risk

Nigel Bolton and Philip Woolham look at the lessons to be learned from an important High Court judgment for local authorities and contractors on pension exit credits.
July 01, 2021

Early contractor involvement

Early contractor involvement is growing in popularity with local authorities, but which is the best route, Joint Contracts Tribunal (JCT) or New Engineering Contract (NEC)? Martin Cannon considers the approach to take.
June 25, 2021

Subsidy Control FAQs

Alexander Rose and Jonathan Branton discuss the latest updates made to the Subsidy Control guidance published by Department for Business, Energy and Industrial Strategy (DBEIS).
June 17, 2021

GPA/Trade Deals - Amendments to the PCR 2015

Jenny Beresford-Jones examines changes to the Public Contracts Regulations to reflect the UK's membership of the Agreement on Government Procurement in its own right, and amendments relating to international trade agreements.
May 28, 2021

Subsidy Control after Brexit – a practitioner’s perspective

Alex Kynoch and Angelica Hymers look at recent developments in relation to subsidy control after Brexit and set out the issues that the Government's Subsidy Control Bill needs to address.
May 28, 2021

The limits of an adjudicator's jurisdiction

Dr Paul Hughes and Anna Sidebottom look at the effect of Prater v Sisk [2021] on the ability of an Adjudicator to rely on previous 'out of jurisdiction' decisions between the same parties
May 27, 2021

Public Procurement: Lease or Public Works Contract. Where’s the dividing line?

Matthew Mo and Kyle Duggan look at the implications of a recent European Court procurement ruling on development agreements entered into by public bodies.
May 20, 2021

Important changes following the introduction of the Fire Safety Act

The Fire Safety Act received Royal Assent on 29 April 2021 and will shortly be on the statute books. Mark London and Michael Wharfe look at what is in store.
May 13, 2021

Tax on Development Purchases

V. Charles Ward addresses prospective tax liabilities in relation to a local authority development or investment purchase and how transactions can be structured in ways which minimises those liabilities.
May 13, 2021

The countdown to PFI handover – what’s your seven-year plan?

A report from the National Audit Office (NAO), “Managing PFI assets and services as contracts end”, recommended that preparations for the handover of expiring private finance initiative (PFI) contracts should start seven years in advance of contract expiry. Martin Cannon considers key actions for public authorities in managing the PFI handover process.
May 06, 2021

You Can’t Claim That! Court finds exclusion clauses work just like any other clause

The recent case of Mott MacDonald Limited v Trant Engineering Limited serves as a timely reminder that exclusion clauses in construction contracts can and do work and will be enforced by the courts to prevent what may otherwise be valid claims write Clare Mendelle and James Goldthorpe.
April 29, 2021

TUPE: Splitting employees’ contracts after a service provision change

In a case which leaves practical difficulties, the Employment Appeal Tribunal has confirmed that employees’ contracts can be split between multiple transferees on a service provision change, write Zoë Wigan, Hilary Larter and Ceri Fuller.
April 29, 2021

EU State aid law and the UK: The European Commission adopts new Regional Aid Guidelines

The European Commission has adopted new Regional Aid Guidelines providing preferential EU State aid law cover for awards of public funding that incentivise investment into economically underperforming areas. The new guidelines extend and update the Assisted Areas map and allow increased levels of intervention, write Jonathan Branton and Alexander Rose.
April 22, 2021

Lessons from Bechtel v HS2

A recent Technology and Construction Court ruling relating to HS2 procurement addressed a wide range of important issues, write Emily Heard and Victoria Croshaw.
April 08, 2021

Deja Value all over again [i] – The Best Value Report on Liverpool City Council

Dr Paul Feild looks at some of the lessons to be learned - including in relation to the legal team - from the best value report into at Liverpool City Council.
April 08, 2021

Towards better Subsidy Control

Jonathan Branton and Alexander Rose set out how the United Kingdom can create a better Subsidy Control system.
March 31, 2021

New and repeat lessons from CIL appeal decisions

The flow of appeals against surcharges and deemed commencement dates under regulations 117 and 118 of the Community Infrastructure Levy Regulations 2010 to the Planning Inspectorate continues unabated. Christopher Cant looks at what can be learned.