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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. Read more
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  NEWS

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.

  FEATURES AND ANALYSIS

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.
March 26, 2021

The procurement Green Paper and selection of tenderers

Andrew Millross examines the proposals in relation to the selection (prequalification) of tenderers contained in the Green Paper: Transforming Public Procurement.
March 05, 2021

Proposals for a new procurement regulator

In a second briefing on the Government's Green Paper, Andrew Millross looks at the proposal for a new "body" to oversee procurement practice by all contracting authorities and the issues it raises for those bodies outside central government.

  MORE NEWS

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.
Jan 19, 2021

Law firm teams up with CommercialGov to deliver governance for commercial activity masterclass for LGA

Sharpe Pritchard is working with CommercialGov to provide a commercial governance masterclass for the Local Government Association.
Dec 18, 2020

Secretary of State to send in governance and finance experts to Nottingham City Council

The Local Government Secretary has said the Government will appoint experts in governance and finance to a new Improvement and Assurance Board at Nottingham City Council.
Dec 10, 2020

Borough council calls in leading local government lawyer to review actions over £250m stadium loan

Woking Borough Council has appointed prominent local government lawyer Gifty Edila to conduct an independent review of its actions over a controversial stadium development in which it offered a developer a £250m loan.
Dec 09, 2020

Ministry asks Liverpool City Council for information on steps taken to secure effective governance in wake of arrests

The Government has asked Liverpool City Council to provide information on the steps it has taken and proposes to take to secure effective governance, in light of a Merseyside Police investigation which has resulted in the arrest and subsequent release on conditional bail of a number of people including the city’s mayor, Joe Anderson.
Dec 08, 2020

Law firm advises county council on £43m learning and leisure campus

Law firm Womble Bond Dickinson (WBD) has advised Northumberland County Council on the development of a multi-million-pound learning and leisure campus in Ponteland.
Nov 26, 2020

Council defeats High Court claim from waste company over alleged unlawful state aid

The High Court has thrown out a claim by a recycling company that Durham County Council priced it out of business through unlawful state aid.
Nov 26, 2020

Browne Jacobson advises Homes England on largest West Midlands regeneration project agreement

Law firm Browne Jacobson has advised Homes England on its agreement, in partnership with Walsall Council, with Henry Boot PLC for the largest regeneration project in the West Midlands, Phoenix 10.
Nov 25, 2020

Court of Appeal refuses permission to appeal in long-running battle over £600m procurement of incinerator

The Court of Appeal has refused Community R4C (CR4C) permission to appeal the High Court’s dismissal of its claim against Gloucestershire County Council over the £600m+ procurement of an energy from waste plant.
Nov 24, 2020

Administrative Court dismisses suggestion LGPS ‘exit credits’ claim was brought out of time

A judge in the Administrative Court has rejected arguments that claims in relation to Local Government Pension Scheme (LGPS) ‘exit credits’ was brought out of time.
Nov 23, 2020

Sharpe Pritchard promotes projects and procurement specialist to partner

Public law firm Sharpe Pritchard has appointed a projects and procurement specialist as a partner in the public law firm’s latest round of appointments.
Nov 17, 2020

Law firm advises Newcastle City Council on Stephenson Quarter regeneration joint venture

Law firm Womble Bond Dickinson (WBD) has advised Newcastle City Council on its joint venture with private sector developer PfP igloo, a partnership that will complete the rebirth of the city’s Stephenson Quarter.
Nov 10, 2020

Ramshaw returns to Womble Bond Dickinson in boost to procurement practice

Law firm Womble Bond Dickinson (WBD) has strengthened its Projects and Procurement team with the appointment of Deborah Ramshaw, who re-joins the firm as a partner in its Newcastle office.
Nov 09, 2020

Borough council seeks to appoint legal adviser to £800k contract for regeneration project

Guildford Borough Council is looking to appoint a legal services provider to a £800,000 contract to advise on a major regeneration project.
Nov 03, 2020

Government orders non-statutory review into city council after closure of its energy company

The Secretary of State for Housing, Communities and Local Government has ordered a rapid non-statutory review into Nottingham City Council that will examine “the serious governance and risk management issues” associated with the council’s private energy company Robin Hood Energy (RHE).
Oct 29, 2020

Public interest report accuses council of “collective corporate blindness” over finances and business ventures

The London Brough of Croydon suffered “collective corporate blindness” when it lost control of its finances and involved itself with business ventures it did not properly understand, an audit report has found.
Oct 07, 2020

Owner of stadium built for London Olympics sues law firm over advice on West Ham concession agreement

The London Legacy Development Corporation (LLDC) and E20 Stadium have launched a professional negligence legal action against top City law firm Allen & Overy (A&O) over the concession agreement entered into with Premier League club West Ham for the stadium used in the London Olympics.
Oct 07, 2020

London borough brings in PWC to review arrangements with its companies, ahead of bid to obtain financial support from Government

Croydon Council has selected PWC to carry out an independent strategic review of its arrangements with its companies and other entities, as part of the local authority’s preparations for a submission to Government aimed at securing financial support.
Oct 01, 2020

London Mayor withdraws judicial review claim over proposed incinerator

The Mayor of London, Sadiq Khan, has blamed the prospect of having to incur substantial costs at a full hearing for his decision to withdraw his judicial review claim over a proposed incinerator in Bexley.
Sep 25, 2020

Cabinet Office to make new delivery model for social value mandatory for central government procurements

The Cabinet Office has launched a new model for delivering social value through government’s commercial activities.
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.

  MORE FEATURES

March 05, 2021

Pre-contract – and in contract – be pre-cise

When it comes to development contracts and disputes, what are the issues? Claire Acklam explains.
February 19, 2021

Procurement in an Emergency

The Cabinet Office has published its first Procurement Policy Note (PPN) of 2021 – PPN 01/21: Procurement in an Emergency. Fran Mussellwhite analyses what it says.
February 12, 2021

Planning and Equalities Impact Assessments

John Pugh-Smith and Daniel Kozelko look at the pitfalls of not undertaking equalities impact assessments conscientiously in the planning context.
February 12, 2021

Procurement principles – a particularly European approach

Andrew Millross looks at the proposal in the Government's Green Paper: Transforming public procurement to set out 'public procurement principles' in the proposed legislation.
January 29, 2021

A bold new world?

Kieran McGaughey provides some practical tips for local authorities in tackling the new subsidy control regime.
January 22, 2021

EIAs, end products of development and greenhouse gases

Do Environmental Impact Assessments apply to products derived from a development? David Hart QC looks at a recent case concerning the grant of planning permission for drilling for oil.
January 22, 2021

State aid to Subsidy Control

David Owens, Edward Reynolds and Matthew Waters warn that the new trade agreement between the UK and European Union is likely to lead to greater uncertainty for grant-making bodies.
January 13, 2021

PPN 11/20 and reserving contracts for local suppliers - a sting in the tail for local authorities

Local authorities should be wary of reserving contracts for local suppliers, as recommended by a recent Procurement Policy Note, writes Andrew Millross. Other contracting authorities may want to maximise their use of this guidance.
December 23, 2020

Max Power

Paul Feild looks at the key points arising out of the non-statutory review into Nottingham City Council and Robin Hood Energy.
December 16, 2020

Government proposals for procurement reform

Peter Ware discusses some of the key highlights from the Green Paper on procurement reform including a re-scoping of the underlying principles of public procurement, a streamlining of the recognised procurement procedures, and some potentially controversial proposals in relation to remedies.
December 11, 2020

Payment approaches in major government contracts

Jenny Beresford-Jones examines a new procurement policy note on evaluating payment approaches in the procurement of major government contracts.
December 11, 2020

Gigafactories: a key to unlocking growth and a greener world

There has been considerable recent debate about the benefits of a gigafactory, but to many, gigafactories are a new or unknown concept and the opportunities they represent even more opaque. Amardeep Gill and Scott Dorling look at what they involve.
November 27, 2020

On good terms? Part 2

In the second of a two-part series, Kieran McGaughey completes his 10 top tips for contracting via the procurement process.
November 13, 2020

Areas of Outstanding Natural Beauty and the exceptional circumstances test

The Planning Court has dismissed a challenge to a decision granting planning permission for relocation of works at a nuclear power station within an area of outstanding natural beauty (AONB). Leanne Buckley-Thomson analyses the ruling.
November 06, 2020

Publicly-owned companies, finance and state aid

Are measures adopted by publicly owned companies state resources for the purposes of state aid rules? Athina Agrafioti reports.
October 30, 2020

The cost of wrongly alleging breach of good faith: Part 36 offers and indemnity costs

A High Court judge's decisions in a multi-million pound dispute between a council and a waste company are helpful in understanding the Court’s approach to duties of good faith – and the consequences of making allegations of bad faith without sufficient evidence, write Judith Hopper and Rory Budworth.
October 27, 2020

Rebalancing the housing system

When it comes to building new communities, writes Ian Doolittle, does local authority housing hold the key?
October 15, 2020

Getting off the hook

Parishil Patel QC and Katherine Barnes provide a guide to securing release from contractual obligations and varying public contracts in light of COVID-19. [1]
October 13, 2020

The future of State aid law in the UK

A Select Committee appearance has revealed that progress has been made to find common ground on State aid regulation and that a consultation on a new UK State aid law regime may go ahead this year. Jonathan Branton and Alexander Rose report.
October 08, 2020

Shared services – collaboration is key

With a trend away from outsourcing and once again towards shared service models, Lucy Doran looks at the impact of two recent EU cases on these arrangements.