Posts from Practical Law

In brief for week ending 6 December 2017

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In brief for week ending 29 November 2017

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In brief for week ending 22 November 2017

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In brief for week ending 15 November 2017

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In brief for week ending 8 November 2017

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Judgment was handed down on 31 October 2017 by Mr Justice Coulson in R (Hersi & Co Solicitors) v The Lord Chancellor (as successor to the Legal Services Commission)

This was the last in a series of claims brought against the Legal Services Commission (LSC) relating to the 2010 round of tenders for legal services contracts. Proceedings were issued in the Administrative Court in November 2010 and only reached trial (in the TCC) in October 2017. Mr Justice Coulson commented on the procedural history … Continue reading Judgment was handed down on 31 October 2017 by Mr Justice Coulson in R (Hersi & Co Solicitors) v The Lord Chancellor (as successor to the Legal Services Commission)

Adult Social Care Quarterly Digest (August – October 2017)

This is the latest in our series of quarterly adult social care update blogs giving readers a snapshot of the most important cases, issues or developments in adult social care. This post looks at developments from August to October 2017. Please feel free to submit a comment below or send us an Ask query if you have any views on … Continue reading Adult Social Care Quarterly Digest (August – October 2017)

Public procurement case digest (October 2017)

October’s case digest includes an ECJ judgment concerning the methodology of identifying abnormally low tenders, and a High Court ruling considering extensions of time and the dispute timetable in procurement disputes. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases covered, or think that we … Continue reading Public procurement case digest (October 2017)

In brief for week ending 1 November 2017

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Local government quarterly digest (July – September 2017)

This is the latest in our series of quarterly local government update blogs, which will enable readers to catch up on the most important cases, issues or developments in local government from July to September 2017. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases, issues, … Continue reading Local government quarterly digest (July – September 2017)

In brief for week ending 25 October 2017

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In brief for week ending 18 October 2017

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Education law quarterly digest (July – September 2017)

This is the latest in our series of quarterly education update blogs which will enable readers to catch up on the most important cases, issues or developments in education law from July to September 2017. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases, issues, or … Continue reading Education law quarterly digest (July – September 2017)

Public children law digest (July-September 2017)

This is a public children law update blog to give readers a snapshot of the important cases, issues and developments from July to September 2017. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases, issues, or legal developments that are covered or … Continue reading Public children law digest (July-September 2017)

In brief for week ending 11 October 2017

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In brief for week ending 4 October 2017

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Meeting of the Lawyers in Local Government Adult Social Care and Health SAA group (London)

On 29 September 2017, Thomson Reuters was pleased to host a meeting of the Lawyers in Local Government (LLG) Adult Social Care and Health SAA for the London region. The group provides a focus of professional knowledge and expertise aimed at contributing to the development of law and best practice in adult social care and … Continue reading Meeting of the Lawyers in Local Government Adult Social Care and Health SAA group (London)

Local authority law after Brexit: thoughts on the EU Withdrawal Bill

Amongst the seismic political debates surrounding the passing of the European Union (Withdrawal) Bill 2017-19 (Bill), it is arguable that the Bill’s effects on local authorities have not received the publicity that they deserve.

Public procurement case digest (August-September 2017)

August and September’s case digest, after a quiet period for the courts, includes an ECJ ruling holding that a tenderer can be excluded from a tendering procedure when a member of its bidding consortium loses its accreditation from a third party, and a High Court judgment lifting an automatic suspension. Please feel free to submit a comment … Continue reading Public procurement case digest (August-September 2017)

In brief for week ending 27 September 2017

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Freedom of information law quarterly digest (July-September 2017)

Our quarterly freedom of information law blogs focus on the latest developments in freedom of information law under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (SI 2004/3391) (EIR). The blog will enable readers advising on freedom of information law to catch up on the most important cases, issues or … Continue reading Freedom of information law quarterly digest (July-September 2017)

In brief for week ending 20 September 2017

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In brief for week ending 13 September 2017

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In brief for week ending 6 September 2017

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Housing law quarterly digest (June – August 2017)

Our quarterly housing law update blogs enable readers specialising in housing law to catch up on the most important cases, issues or developments. The post looks at housing law developments from June to August 2017. Please feel free to submit a comment below or send us an Ask query if you have any views on the developments that are covered or … Continue reading Housing law quarterly digest (June – August 2017)

Public procurement policy review: June to August 2017

This post sets out the key developments in public procurement legislation and policy that lawyers need to be aware of and covers the period from June to August 2017. The post does not consider case law as this is covered in our monthly public case digest. For a summary of the latest cases, see Public Procurement case … Continue reading Public procurement policy review: June to August 2017

In brief for week ending 30 August 2017

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In brief for week ending 23 August 2017

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In brief for week ending 16 August 2017

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Public procurement case digest (July 2017)

July’s case digest includes an ECJ judgment regarding the assessment of selection criteria relating to economic and financial standing, and two High Court judgments in the same procurement dispute, relating to disclosure of documents and the lifting of an automatic suspension respectively. Please feel free to submit a comment below or send us an Ask query if you have … Continue reading Public procurement case digest (July 2017)

Adult Social Care Quarterly Digest (May – July 2017)

This is the latest in our series of quarterly adult social care update blogs giving readers a snapshot of the most important cases, issues or developments in adult social care. This post looks at developments from May 2017 to July 2017. Please feel free to submit a comment below or send us an Ask query if you have … Continue reading Adult Social Care Quarterly Digest (May – July 2017)

In brief for week ending 9 August 2017

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In brief for week ending 2 August 2017

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Examined: academic institutions and information law

As student life reclines into the summer holidays, two recent cases will be of significant interest to academic and qualification institutions and examination candidates.

In brief for week ending 26 July 2017

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In brief for week ending 19 July 2017

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In brief for week ending 12 July 2017

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European Union (Withdrawal) Bill: complexity without clarity?

For what is inevitably a framework document, to be followed by a promised tranche of sectoral Bills and a wide and long-term run of statutory instruments, the European Union (Withdrawal) Bill is at first sight surprisingly lengthy. Its complexity and specificity will have given immediate reassurance to some in industry and elsewhere who voiced pre-publication … Continue reading European Union (Withdrawal) Bill: complexity without clarity?

Public procurement case digest (June 2017)

June’s case digest includes an ECJ ruling that a procurement of medicinal products in Slovenia was unlawful, despite being in accordance with national law, and two General Court decisions dismissing applications for interim measures in procurement disputes. Please feel free to submit a comment below or send us an Ask query if you have any views on the … Continue reading Public procurement case digest (June 2017)

In brief for week ending 5 July 2017

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Freedom of information law quarterly digest (April-June 2017)

Our quarterly freedom of information law blogs focus on the latest developments in freedom of information law under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (SI 2004/3391) (EIR). The blog will enable readers advising on freedom of information law to catch up on the most important cases, issues or … Continue reading Freedom of information law quarterly digest (April-June 2017)

Public children law digest (March – June 2017)

This is the public children law update blog to give readers a snapshot of the important cases, issues and developments from March 2017 to June 2017. In the last three months, the President of the Family Division has been particularly busy, reviewing how the judiciary should conduct itself with different agencies, as well as grappling … Continue reading Public children law digest (March – June 2017)

Education law quarterly digest (April – June 2017)

This is the latest in our series of quarterly education update blogs which will enable readers to catch up on the most important cases, issues or developments in education law from April to June 2017. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases, issues, or … Continue reading Education law quarterly digest (April – June 2017)

In brief for week ending 28 June 2017

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Local government quarterly digest (February – June 2017)

This is the latest in our series of quarterly local government update blogs, which will enable readers to catch up on the most important cases, issues or developments in local government from February to June 2017. Please feel free to submit a comment below or send us an Ask query if you have any views on … Continue reading Local government quarterly digest (February – June 2017)

In brief for week ending 21 June 2017

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In brief for week ending 14 June 2017

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Housing law quarterly digest (March – May 2017)

Our quarterly housing law update blogs enable readers specialising in housing law to catch up on the most important cases, issues or developments. The post looks at housing law developments from March to May 2017. Please feel free to submit a comment below or send us an Ask query if you have any views on the developments that are covered … Continue reading Housing law quarterly digest (March – May 2017)

Public procurement case digest (May 2017)

May’s case digest includes a preliminary ruling of the ECJ on the principle of equality of treatment between tenderers, and an ECJ judgment considering the test for serious misrepresentation of tender information under Article 45(2)(g) of Directive 2004/18. Please feel free to submit a comment below or send us an Ask query if you have any views … Continue reading Public procurement case digest (May 2017)

In brief for week ending 7 June 2017

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Public procurement policy review: March to May 2017

This post sets out the key developments in public procurement legislation and policy that lawyers need to be aware of and covers the period from March to May 2017. The post does not consider case law as this is covered in our monthly public case digest. For a summary of the latest cases, see Public Procurement … Continue reading Public procurement policy review: March to May 2017

In brief for week ending 31 May 2017

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In brief for week ending 24 May 2017

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Public procurement case digest (April 2017)

April’s case digest includes an ECJ decision relating to the standard set by EU law for the review of preparatory acts prior to a contract award, and the Supreme Court decision in Nuclear Decommissioning Authority v EnergySolutions regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of Directive 2004/18/EC. Please feel … Continue reading Public procurement case digest (April 2017)

Adult Social Care Quarterly Digest (January – April 2017)

This is the latest in our series of quarterly adult social care update blogs giving readers a snapshot of the most important cases, issues or developments in adult social care. This post looks at developments from January 2017 to April 2017. Please feel free to submit a comment below or send us an Ask query if … Continue reading Adult Social Care Quarterly Digest (January – April 2017)

In brief for week ending 17 May 2017

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High Court confirms that “purdah” is not a principle of law

On 22 November 2016, in ClientEarth’s judicial review of the government’s air pollution policy, the High Court ordered the defendant, the Secretary of State for the Environment, Food and Rural Affairs (SoS) to publish a draft modified Air Quality Plan (AQP) by 4pm on 24 April 2017, and a final Air Quality Plan by 31 … Continue reading High Court confirms that “purdah” is not a principle of law

Dignity in care: Does the law do enough to ensure older people have choice and control over their care and support options?

In his speech to the Association of Directors of Social Services (ADASS) on 9 May 2017, the President of the Family Division of the High Court, Sir James Munby called upon social workers to end the practice of separating elderly couples against their wishes when one or both of them move to care home accommodation, … Continue reading Dignity in care: Does the law do enough to ensure older people have choice and control over their care and support options?

In brief for week ending 10 May 2017

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In brief for week ending 3 May 2017

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In brief for week ending 26 April 2017

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In brief for week ending 19 April 2017

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Passing legislation and decision-making in Parliament’s “wash-up” period

Following the Prime Minister’s  announcement of her intention to seek an early election, the House of Commons voted on 19 April 2017 by 522 votes to 13 in favour of the Prime Minister’s motion that there should be an early general  election. Section 2 of the Fixed-term Parliaments Act 2011 (FTPA 2011) provides that an … Continue reading Passing legislation and decision-making in Parliament’s “wash-up” period

In brief for week ending 12 April 2017

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Public procurement case digest (February – March 2017)

February and March’s case digest includes an ECJ judgment that provides detailed analysis of key transparency and good governance principles in relation to tender evaluation and the communication of award decisions, and a High Court decision examining expeditions of hearings and stays of proceedings in procurement claims. Please feel free to submit a comment below or send us an … Continue reading Public procurement case digest (February – March 2017)

In brief for week ending 5 April 2017

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Education law quarterly digest (January – March 2017)

This is the latest in our series of quarterly education update blogs which will enable readers to catch up on the most important cases, issues or developments in education law from January to March 2017. Please feel free to submit a comment below or send us an Ask query if you have any views on … Continue reading Education law quarterly digest (January – March 2017)

Audience questions from the Thomson Reuters procurement webinar “How to deal with complex procurement issues”

This Q and A was generated in the course of a webinar “How to deal with complex procurement issues” hosted by Thomson Reuters on 9 March 2017. The specialist panel was comprised of Owen Willcox (webinar co-ordinator and Procurement Editor, Practical Law), Michael Bowsher QC (Monckton Chambers), Rebecca Rees (Partner at Trowers and Hamlins LLP), … Continue reading Audience questions from the Thomson Reuters procurement webinar “How to deal with complex procurement issues”

In brief for week ending 29 March 2017

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In brief for week ending 22 March 2017

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Freedom of information law quarterly digest (January-March 2017)

Our quarterly freedom of information law update blogs focus on the latest developments in freedom of information law under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (SI 2004/3391) (EIR). The blog will enable readers advising on freedom of information law to catch up on the most important cases, issues … Continue reading Freedom of information law quarterly digest (January-March 2017)

In brief for week ending 15 March 2017

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Housing law quarterly digest (December 2016 – February 2017)

Our quarterly housing law update blogs enable readers specialising in housing law to catch up on the most important cases, issues or developments. The post looks at housing law developments from December 2016 to February 2017. Please feel free to submit a comment below or send us an Ask query if you have any views on the developments that are … Continue reading Housing law quarterly digest (December 2016 – February 2017)

In brief for week ending 8 March 2017

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Public procurement policy review: December 2016 to February 2017

This post sets out the key developments in public procurement legislation and policy that lawyers need to be aware of and covers the period from December 2016 to February 2017. The post does not consider case law as this is covered in our monthly public case digest. For a summary of the latest cases, see Public … Continue reading Public procurement policy review: December 2016 to February 2017

In brief for week ending 1 March 2017

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In brief for week ending 22 February 2017

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Public children law digest (January – February 2017) Part 1

This is part one of the public children law update blog to give readers a snapshot of the important cases, issues and developments from January to February 2017. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases, issues, or legal developments that … Continue reading Public children law digest (January – February 2017) Part 1

In brief for week ending 15 February 2017

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Costs order made based on the conduct of parties to judicial review proceedings

Although the general rule in relation to the award of costs in judicial review is, as in other proceedings, that costs follow the case, the courts traditionally exercise a considerable discretion and may take into account the conduct of the parties (CPR 44.2). In Taylor v Honiton Town Council [2017] EWHC 101, the court was … Continue reading Costs order made based on the conduct of parties to judicial review proceedings

In brief for week ending 8 February 2017

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Public procurement case digest (January 2017)

January’s case digest includes an ECJ ruling creating a possible “third way” for public authorities to organise the delivery of public services extending beyond the existing possibilities first established by the Teckal and Hamburg in-house case law, and a High Court judgement on the award of damages that contains a detailed examination of the core principles set … Continue reading Public procurement case digest (January 2017)

Local government quarterly digest (October 2016 – January 2017)

This is the latest in our series of quarterly local government update blogs, which will enable readers to catch up on the most important cases, issues or developments in local government from October 2016 to January 2017. Please feel free to submit a comment below or send us an Ask query if you have any … Continue reading Local government quarterly digest (October 2016 – January 2017)

“It’s the message, not the medium that matters”: Information Commissioner comments on digital communications and social media and the extent of FOIA

In a recent speech on 25 January 2017, the Information Commissioner (IC), Elizabeth Denham, reaffirmed her interest in creating a positive, statutory “Duty to Document” on public authorities in response to the challenges presented by digital technology and social media.

In brief for week ending 1 February 2017

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In brief for week ending 25 January 2017

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Adult Social Care Quarterly Digest (September – December 2016)

This is the latest in our series of quarterly adult social care update blogs giving readers a snapshot of the most important cases, issues or developments in adult social care. This post looks at developments from September 2016 to December 2016. Please feel free to submit a comment below or send us an Ask query … Continue reading Adult Social Care Quarterly Digest (September – December 2016)

In brief for week ending 18 January 2017

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In brief for week ending 11 January 2017

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Public procurement case digest (December 2016)

December’s case digest includes two ECJ rulings concerning the proportionality of selection and award decisions relating to professional misconduct and the interpretation of EU law on in-house awards, and a High Court decision denying an application for early specific disclosure. Please feel free to submit a comment below or send us an Ask query if you have … Continue reading Public procurement case digest (December 2016)

In brief for week ending 4 January 2017

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Education law quarterly digest (November – December 2016)

This is the latest in our series of quarterly education update blogs which will enable readers to catch up on the most important cases, issues or developments in education law from November to December 2016. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases, … Continue reading Education law quarterly digest (November – December 2016)

In brief for week ending 21 December 2016

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Freedom of information law quarterly digest (September-December 2016)

Our quarterly freedom of information law update blogs focus on the latest developments in freedom of information law under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (SI 2004/3391) (EIR). The blog will enable readers advising on freedom of information law to catch up on the most important cases, issues … Continue reading Freedom of information law quarterly digest (September-December 2016)

In brief for week ending 14 December 2016

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In brief for week ending 7 December 2016

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Public procurement case digest (October – November 2016)

October and November’s case digest includes three ECJ orders on the compatibility of Italian national law with the EU procurement rules on exclusion of tenders, a High Court decision to lift an automatic suspension, and an Advocate General Opinion on the test for misrepresentation of tender information. Please feel free to submit a comment below or … Continue reading Public procurement case digest (October – November 2016)

In brief for week ending 30 November 2016

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In brief for week ending 23 November 2016

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Public procurement policy review: June to November 2016

This post sets out the key developments in public procurement legislation and policy that lawyers need to be aware of and covers the period from June to November 2016. The post does not consider case law as this is covered in our monthly public case digest. For a summary of the latest cases, see Public … Continue reading Public procurement policy review: June to November 2016

In brief for week ending 16 November 2016

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Housing law quarterly digest (June – November 2016)

Our quarterly housing law update blogs enable readers specialising in housing law to catch up on the most important cases, issues or developments. The post looks at housing law developments from June to November 2016. Please feel free to submit a comment below or send us an Ask query if you have any views on the developments that are … Continue reading Housing law quarterly digest (June – November 2016)

In brief for week ending 9 November 2016

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Article 50 and Brexit in the High Court: the immediate aftermath of Miller and Santos and McCord, and further developments

Public lawyers, and their dusty copies of Dicey’s An Introduction to the Law of the Constitution, can rarely have been in such demand in recent times.

In brief for week ending 2 November 2016

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Public sector investments and the Freedom of Information Act 2000

On 18 October 2016, the Information Commissioner (IC) issued ICO decision notice FS50627178 which determined that the exemptions in sections 41 (information provided in confidence) and 43(2) (commercial interests) of the Freedom of Information Act 2000 were not engaged by a request for quarterly data relating to a local government pension fund’s holdings in seven … Continue reading Public sector investments and the Freedom of Information Act 2000

In brief for week ending 26 October 2016

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FOIA and commercial interests: a level playing field for local authorities?

In County of Poole v Information Commissioner [2016] EA/2016/0074, the First-tier Tribunal (Information Rights) examined the application of the public interest balancing test when the prejudice to commercial interests exemption under section 43(2) of the Freedom of Information Act 2000 (FOIA) is engaged.  The request in this particular case was for information about the charges … Continue reading FOIA and commercial interests: a level playing field for local authorities?

In brief for week ending 19 October 2016

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Education law quarterly digest (August – October 2016)

This is the latest in our series of quarterly education update blogs which will enable readers to catch up on the most important cases, issues or developments in education law from August to October 2016. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases, … Continue reading Education law quarterly digest (August – October 2016)

In brief for week ending 12 October 2016

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Freedom of information law quarterly digest (July-September 2016)

Our quarterly freedom of information law update blogs focus on the latest developments in freedom of information law under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (SI 2004/3391) (EIR). The blog will enable readers advising on freedom of information law to catch up on the most important cases, issues … Continue reading Freedom of information law quarterly digest (July-September 2016)

In brief for week ending 5 October 2016

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Public procurement case digest (August – September 2016)

August and September’s case digest includes four ECJ decisions, including a ruling that betting and gaming concessions fall outside the scope of Directive 2004/18, and a High Court judgment that strongly criticises a tender process conducted by the Nuclear Decommissioning Authority. Please feel free to submit a comment below or send us an Ask query if you … Continue reading Public procurement case digest (August – September 2016)

Meeting of the Lawyers in Local Government London Adult Social Care and Health Group

On 16 September 2016, Thomson Reuters was very pleased to host a meeting of the Lawyers in Local Government (LLG) London Adult Social Care and Health Group. The group provides a focus of professional knowledge and expertise aimed at contributing to the development of law and best practice in adult social care and health. The … Continue reading Meeting of the Lawyers in Local Government London Adult Social Care and Health Group

In brief for week ending 28 September 2016

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Latest government figures on freedom of information requests published

The Cabinet Office has recently released its latest quarterly statistics on information requests that 41 central government bodies have received under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIR). The report makes interesting reading covering as it does the: Initial handling of FOI requests. Number of requests that have … Continue reading Latest government figures on freedom of information requests published

In brief for week ending 21 September 2016

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Understanding the differences between judicial review and general litigation

The High Court in Watt v London Borough of Hackney and another [2016] EWHC 1978 has examined, in the context of a planning case, the circumstances in which a mistake of fact could constitute a ground for judicial review. The judgment also raises some interesting other issues; firstly, the failure by the solicitor instructed on … Continue reading Understanding the differences between judicial review and general litigation

In brief for week ending 14 September 2016

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Local government quarterly digest (May – August 2016)

This is the latest in our series of quarterly local government update blogs, which will enable readers to catch up on the most important cases, issues or developments in local government from February to April 2016. Please feel free to submit a comment below or send us an Ask query if you have any views on the … Continue reading Local government quarterly digest (May – August 2016)

In brief for week ending 7 September 2016

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Public children law digest (May 2016 – August 2016) Part 2

This is part two of the public children law update blog to give readers a snapshot of the important cases, issues and developments from May 2016 to August 2016. The remaining topic to be covered from part one, is that of transparency.  Other interesting cases of note will also be covered. Please feel free to … Continue reading Public children law digest (May 2016 – August 2016) Part 2

Adult Social Care Quarterly Digest (May – August 2016)

This is the latest in our series of quarterly adult social care update blogs giving readers a snapshot of the most important cases, issues or developments in adult social care. This post looks at developments from May 2016 to August 2016. Please feel free to submit a comment below or send us an Ask query … Continue reading Adult Social Care Quarterly Digest (May – August 2016)

In brief for week ending 31 August 2016

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Avoiding loss by acquiescence: costs and concession in judicial review

The Administrative Court’s summer recess presents a welcome opportunity for public law practitioners to consolidate recent case law developments in judicial review. A short but interesting judgment concerning costs and the court’s assessment of success in judicial review proceedings was the Court of Appeal’s (CoA) decision in Rashid v London Borough of Merton [2016] EWCA … Continue reading Avoiding loss by acquiescence: costs and concession in judicial review

In brief for week ending 24 August 2016

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Public children law digest (May 2016 – August 2016) Part 1

This is a public children law update blog to give readers a snapshot of the important cases, issues and developments from May 2016 to August 2016. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases, issues, or legal developments that are covered … Continue reading Public children law digest (May 2016 – August 2016) Part 1

In brief for week ending 17 August 2016

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In brief for week ending 10 August 2016

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

“Burdened with an excess of paper”: Administrative Court criticises voluminous evidence in judicial review proceedings

In PS v Royal Borough of Greenwich [2016] EWHC 1967 (Admin), a judicial review decision handed down on 3 August 2016, Mr Justice Collins expressed dissatisfaction with the volume of supporting material filed by the parties. He reiterated a long standing principle that it was inappropriate for the court to embark upon a detailed analysis … Continue reading “Burdened with an excess of paper”: Administrative Court criticises voluminous evidence in judicial review proceedings

Education law quarterly digest (May – July 2016)

This is the latest in our series of quarterly education update blogs which will enable readers to catch up on the most important cases, issues or developments in education law from May to July 2016. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases, … Continue reading Education law quarterly digest (May – July 2016)

In brief for week ending 3 August 2016

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Public procurement case digest (July 2016)

July’s case digest includes an ECJ preliminary ruling on requirements for excluding bidders in relation to issues of technical capacity,  an ECJ decision ruling that it is unlawful to require a contractor to directly perform a specified percentage of works, and two Advocate General Opinions. Please feel free to submit a comment below or send us … Continue reading Public procurement case digest (July 2016)

In brief for week ending 27 July 2016

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High Court considers the importance of giving reasons for a decision to register land as a village green

In R (NHS Property Services Ltd) v Surrey County Council [2016] EWHC 1715 (Admin), the High Court considered the importance of giving reasons for a decision to register land (Leach Grove Wood in Surrey) as a town or village green under section 15 of the Commons Act 2006.  The section 15 criteria for registration are … Continue reading High Court considers the importance of giving reasons for a decision to register land as a village green

In brief for week ending 20 July 2016

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In brief for week ending 13 July 2016

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

In brief for week ending 6 July 2016

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

Public procurement case digest (June 2016)

June’s case digest includes four ECJ decisions, including rulings that the principle of equal treatment does not preclude a member of a consortium from replacing the consortium in a procurement, and that ERDF funding can be withheld or clawed back when a contracting authority fails to comply with domestic procurement law. Please feel free to submit a comment … Continue reading Public procurement case digest (June 2016)

In brief for week ending 29 June 2016

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Seminar for Lawyers in Local Government Housing and Regeneration group: Housing and Planning Act 2016

On 29 June 2016, Thomson Reuters was delighted to host a Lawyers in Local Government (LLG) London Housing and Regeneration group seminar (headed by Alexander McDowall, a lawyer in Legal Services at the London Borough of Camden). The group provides a focus of professional expertise with a view to developing networking, training and best practice … Continue reading Seminar for Lawyers in Local Government Housing and Regeneration group: Housing and Planning Act 2016

External auditors find governance failings at Derby City Council

External auditors to Derby City Council have issued a report in the public interest under section 8 of the Audit Commission Act 1998 (the 1998 Act). This section of the 1998 Act requires the auditor to consider whether, in the public interest, they should make a report on any significant matter and bring it to … Continue reading External auditors find governance failings at Derby City Council

In brief for week ending 22 June 2016

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Freedom of information law quarterly digest (April – June 2016)

Our quarterly freedom of information law update blogs focus on the latest developments in freedom of information law under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (SI 2004/3391) (EIR). The blog will enable readers advising on freedom of information law to catch up on the most important cases, issues … Continue reading Freedom of information law quarterly digest (April – June 2016)

In brief for week ending 15 June 2016

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Public procurement case digest (May 2016)

May’s case digest includes an ECJ judgment annulling a decision by the European Union Intellectual Property Office to reject a tender, which restates key principles relating to conflicts of interest and equal treatment, and a decision from the Court of Session refusing to bring to an end an automatic suspension. Please feel free to submit … Continue reading Public procurement case digest (May 2016)

In brief for week ending 8 June 2016

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Housing law quarterly digest (January – May 2016)

Our quarterly housing law update blogs enable readers specialising in housing law to catch up on the most important cases, issues or developments. The post looks at housing law developments from January to May 2016. Please feel free to submit a comment below or send us an Ask query if you have any views on the developments that are covered … Continue reading Housing law quarterly digest (January – May 2016)

In brief for week ending 1 June 2016

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Issues to bear in mind when drafting a report for a decision-maker

In R (Hill) v Cornwall Council and another [2016] EWHC 1264 (Admin), a judicial review challenge in which the claimant sought to quash the grant of planning permission for a synthetic pitch on land within sports fields belonging to a community college, the court referred to the approach that should be adopted towards the reports … Continue reading Issues to bear in mind when drafting a report for a decision-maker

In brief for week ending 25 May 2016

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Public procurement policy review: March to May 2016

This post sets out the key developments in public procurement legislation and policy that lawyers need to be aware of and covers the period from March to May 2016. The post does not consider case law as this is covered in our monthly public case digest. For a summary of the latest cases, see Public Procurement case … Continue reading Public procurement policy review: March to May 2016

In brief for week ending 18 May 2016

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In brief for week ending 11 May 2016

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

Adult social care quarterly digest (February – April 2016)

This is the latest in our series of quarterly adult social care update blogs, giving readers a snapshot of the most important cases, issues and developments in adult social care. This post looks at developments from February 2016 to April 2016. Please feel free to submit a comment below or send us an Ask query if … Continue reading Adult social care quarterly digest (February – April 2016)

In brief for week ending 4 May 2016

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Public procurement case digest (April 2016)

April’s case digest includes ECJ rulings on relying on the capacity of other providers, lots and electronic auctions, and on actions for review of tender awards. Also included is a High Court judgment striking out a claim on the basis that the Public Contracts Regulations 2015 did not apply to the procurement exercise in question. … Continue reading Public procurement case digest (April 2016)

In brief for week ending 27 April 2016

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Doctrine of precedent: status of the judge or status of the court?

The doctrine of precedent is based on the principle of stare decisis, which requires lower courts to take account of and follow the decisions made by the higher courts where the material facts are the same, and states that as a general rule, courts follow earlier decisions of themselves or of other courts of the … Continue reading Doctrine of precedent: status of the judge or status of the court?

Local government quarterly digest (February – April 2016)

This is the latest in our series of quarterly local government update blogs, which will enable readers to catch up on the most important cases, issues or developments in local government from February to April 2016. Please feel free to submit a comment below or send us an Ask query if you have any views on the … Continue reading Local government quarterly digest (February – April 2016)

In brief for week ending 20 April 2016

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When will the Administrative Court order cross-examination of a witness in judicial review proceedings?

The decisions of the Administrative Court often provide judicial review practitioners with useful tips on good practice in judicial review (or how not to pursue or defend a judicial review claim). In this post, we consider the issue of cross-examination and when the court may order a witness to be cross-examined looking in particular at … Continue reading When will the Administrative Court order cross-examination of a witness in judicial review proceedings?

In brief for week ending 13 April 2016

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Public procurement case digest (March 2016)

March’s case digest includes a Privy Council decision in a Montserrat case where the court held that irrespective of the legislative background to a public procurement and the existence of an implied contract, the courts will apply a general principle that tenderers should be afforded fair and equal treatment, plus a Scottish Court of Session ruling on … Continue reading Public procurement case digest (March 2016)

In brief for week ending 6 April 2016

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Education law quarterly digest (February 2016 – April 2016)

This is the latest in our series of quarterly education update blogs which will enable readers to catch up on the most important cases, issues or developments in education law from February 2016 to April 2016. Please feel free to submit a comment below or send us an Ask query if you have any views … Continue reading Education law quarterly digest (February 2016 – April 2016)

In brief for week ending 30 March 2016

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Public authorities cannot “cherry pick” which parts of a FOIA request they respond to

A recent First-tier Tribunal (Information Rights) (FTT(IR)) case, McLellan v Information Commissioner,  provides a useful reminder that public authorities are not permitted to pick and choose which parts of a Freedom of Information Act 2000 (FOIA) request they respond to, even where someone has made persistent requests. The case is an interesting example of FOIA itself being used … Continue reading Public authorities cannot “cherry pick” which parts of a FOIA request they respond to

In brief for week ending 23 March 2016

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In brief for week ending 16 March 2016

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

Freedom of information law quarterly digest (January – March 2016)

Our quarterly freedom of information law update blogs focus on the latest developments in freedom of information law under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (SI 2004/3391) (EIR). The blog will enable readers advising on freedom of information law to catch up on the most important cases, issues … Continue reading Freedom of information law quarterly digest (January – March 2016)

Public procurement case digest (February 2016)

February’s case digest includes a Scottish Court of Session ruling on a challenge against a procurement decision of a health board following a disputed mini competition process, and a General Court order holding that there is no need to adjudicate an appeal against a European Parliament tender decision due to the applicants’ action being devoid … Continue reading Public procurement case digest (February 2016)

Duty of candour: openness and transparency in the provision of health and adult social care services

 The Parliamentary and Health Ombudsman (PHSO) recently reported that individuals who complain to the NHS are not getting the answers that they need, with the result that they are often  forced to bring their complaints to the PHSO to get those answers. The PHSO  report includes a snapshot of unresolved complaints brought to the PHSO … Continue reading Duty of candour: openness and transparency in the provision of health and adult social care services

In brief for week ending 9 March 2016

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In brief for week ending 2 March 2016

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

Public procurement policy review: December 2015 to February 2016

This post sets out the key developments in public procurement legislation and policy that lawyers need to be aware of and covers the period from December 2015 to February 2016. The post does not consider case law as this is covered in our monthly public case digest. For a summary of the latest cases, see … Continue reading Public procurement policy review: December 2015 to February 2016

In brief for week ending 24 February 2016

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Public children law digest (December 2015 – February 2016)

This is a public children law update blog to give readers a snapshot of the important cases, issues and developments from December 2015 to February 2016. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases, issues, or legal developments that are covered or if … Continue reading Public children law digest (December 2015 – February 2016)

In brief for week ending 17 February 2016

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Public procurement case digest (January 2016)

January’s case digest includes two ECJ decisions concerning the interpretation of Directive 2004/18 (Public Contracts Directive), and a High Court ruling on automatic suspension under the Public Contracts Regulations 2015. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases covered, or think that … Continue reading Public procurement case digest (January 2016)

In brief for week ending 10 February 2016

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Local government quarterly digest (November 2015 – January 2016)

This is the latest in our series of quarterly local government update blogs, which will enable readers to catch up on the most important cases, issues or developments in local government from November 2015 to January 2016. Please feel free to submit a comment below or send us an Ask query if you have any views on … Continue reading Local government quarterly digest (November 2015 – January 2016)

In brief for week ending 3 February 2016

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In brief for week ending 27 January 2016

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

Adult social care quarterly digest (November 2015 – January 2016)

This is the second in our series of quarterly adult social care update blogs giving readers a snapshot of the most important cases, issues or developments in adult social care. This post looks at developments from November 2015 to January 2016. Please feel free to submit a comment below or send us an Ask query … Continue reading Adult social care quarterly digest (November 2015 – January 2016)

In brief for week ending 20 January 2016

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Section 31(2A) Senior Courts Act 1981: duty to refuse relief where outcome not substantially different if conduct complained of had not occurred

It is almost a year now since the Criminal Justice and Courts Bill 2014-15 (CJCA 2015) received Royal Assent on 15 February 2015. One of the changes heralded by Part 4 of the CJCA 2015 was section 84, dealing with the likelihood of a substantially different outcome for the applicant, see Legal update, Criminal Justice … Continue reading Section 31(2A) Senior Courts Act 1981: duty to refuse relief where outcome not substantially different if conduct complained of had not occurred

Education law quarterly digest (October 2015 – January 2016)

This is the latest in our series of quarterly education update blogs which will enable readers to catch up on the most important cases, issues or developments in education law from October 2015 to January 2016. Please feel free to submit a comment below or send us an Ask query if you have any views … Continue reading Education law quarterly digest (October 2015 – January 2016)

In brief for week ending 13 January 2016

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Public procurement case digest (December 2015)

December’s case digest includes a Scottish Court of Session judgment representing the first declaration of ineffectiveness from a UK court, a Court of Appeal judgment upholding a High Court ruling that the award of damages for breach of the public procurement rules is not discretionary, and an ECJ ruling on time limits in procurement actions. Please … Continue reading Public procurement case digest (December 2015)

In brief for week ending 6 January 2016

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In brief for week ending 23 December 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

Freedom of information law quarterly digest (October – December 2015)

Our quarterly freedom of information law update blogs focus on the latest developments in freedom of information law under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (SI 2004/3391) (EIR). The blog will enable readers advising on freedom of information law to catch up on the most important cases, issues … Continue reading Freedom of information law quarterly digest (October – December 2015)

In brief for week ending 16 December 2015

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Looking forward to 2016 and back to 2015

As 2015 draws to an end, the Practical Law Public Sector team is reflecting on the delights and disasters of the past year, both for us and for our subscribers. In this post we take a look at our most popular content of 2015 and start to think about what the year ahead has in store.

In brief for week ending 9 December 2015

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Housing law quarterly digest (October – December 2015)

Our quarterly housing law update blogs enable readers specialising in housing law to catch up on the most important cases, issues or developments. The post looks at housing law developments from October to December 2015. Please feel free to submit a comment below or send us an Ask query if you have any views on the developments that are covered or … Continue reading Housing law quarterly digest (October – December 2015)

Public procurement case digest (November 2015)

November’s case digest includes an ECJ ruling considering the scope of Article 26 of Directive 2004/18 in relation to contracting authorities requiring tenderers to provide declarations that they will pay staff a minimum hourly wage, and an Advocate General’s opinion on restrictions on the use of sub-contracting in public procurements. Please feel free to submit … Continue reading Public procurement case digest (November 2015)

“Voluntarily adopted”: looking at ordinary residence and mental capacity

This post considers the decision in Milton Keynes v Scottish Ministers [2015] CSOH 156, a case that examined how the interpretation of “ordinary residence” set out in R v Barnet LBC ex parte Shah [1982] UKHL 1 should be applied in situations where an individual lacks mental capacity to decide where they should live. 

In brief for week ending 2 December 2015

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Planning Court considers what is a material consideration in decision-making

The decision of the Planning Court (part of the Administrative Court) in Villages Action Group and another v Secretary of State for Communities and Local Government and others [2015] EWHC 2729 (Admin) reiterates some key public law concepts relating to decision-making, such as what is a material consideration and the duty to give reasons. Although … Continue reading Planning Court considers what is a material consideration in decision-making

In brief for week ending 25 November 2015

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In brief for week ending 18 November 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

Public procurement policy review: September to November 2015

This post sets out the key developments in public procurement legislation and policy that lawyers need to be aware of and covers the period from September to November 2015. The post does not consider case law as this is covered in our monthly public case digest. For a summary of the latest cases, see Public … Continue reading Public procurement policy review: September to November 2015

Public procurement case digest (October 2015)

October’s case digest includes an ECJ ruling holding that public authorities can be economic operators, to the extent that they have authorisation to offer certain services to the market, and a General Court ruling ordering OHIM to pay compensation to a tenderer due to errors in its assessment of bids during a procurement procedure. Please feel free … Continue reading Public procurement case digest (October 2015)

Public children law digest (September – November 2015)

This is a public children law update blog to give readers a snapshot of the important cases, issues and developments from September to November 2015. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases, issues, or legal developments that are covered or … Continue reading Public children law digest (September – November 2015)

In brief for week ending 11 November 2015

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Adult social care quarterly digest (August – October 2015)

This is the first of our series of quarterly adult social care update blogs, giving readers a snapshot of the most important cases, issues and developments in adult social care. This post looks at developments from August to October 2015. Please feel free to submit a comment below or send us an Ask query if you … Continue reading Adult social care quarterly digest (August – October 2015)

In brief for week ending 4 November 2015

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Housing law quarterly digest (May – September 2015)

Our quarterly housing law update blogs enable readers specialising in housing law to catch up on the most important cases, issues or developments. The post looks at housing law developments from May to September 2015. Please feel free to submit a comment below or send us an Ask query if you have any views on the developments that are … Continue reading Housing law quarterly digest (May – September 2015)

In brief for week ending 28 October 2015

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Local government quarterly digest (August – October 2015)

This is the latest in our series of quarterly local government update blogs, which will enable readers to catch up on the most important cases, issues or developments in local government from August 2015 to October 2015. Please feel free to submit a comment below or send us an Ask query if you have any … Continue reading Local government quarterly digest (August – October 2015)

Freedom of information law quarterly digest (July – September 2015)

Our quarterly freedom of information law update blogs focus on the latest developments in freedom of information law under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (SI 2004/3391) (EIR). The blog will enable readers advising on freedom of information law to catch up on the most important cases, issues … Continue reading Freedom of information law quarterly digest (July – September 2015)

In brief for week ending 21 October 2015

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In brief for week ending 14 October 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

Education law quarterly digest (July 2015 – September 2015)

This is the latest in our series of quarterly education update blogs which will enable readers to catch up on the most important cases, issues or developments in education law from July 2015 to September 2015. Please feel free to submit a comment below or send us an Ask query if you have any views … Continue reading Education law quarterly digest (July 2015 – September 2015)

Government announces child benefit deductions in tougher approach to truancy

The government has announced its intention to introduce tougher measures to address truancy in schools, including deducting the cost of unpaid penalty notices from child benefit payments.

In brief for week ending 7 October 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

Public procurement case digest (August – September 2015)

August and September’s case digest includes a High Court decision granting an application by a council to lift an automatic suspension on its award of a contract and a General Court ruling rejecting claims that the European Court of Justice abused its power in eliminating a subcontractor from a bidding process. Please feel free to … Continue reading Public procurement case digest (August – September 2015)

In brief for week ending 30 September 2015

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In brief for week ending 23 September 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

Disclosure of information or documents in judicial review

In judicial review, there is no duty of standard disclosure under the Civil Procedure Rule 31. A defendant, whose decision or action is challenged by way of judicial review, owes a duty of candour to give a true and comprehensive account of the decision-making process (Secretary of State for Foreign & Commonwealth Affairs v Quark … Continue reading Disclosure of information or documents in judicial review

In brief for week ending 16 September 2015

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Seminar for Lawyers in Local Government Housing and Regeneration group: anti-social behaviour, the right to buy and assets of community value

On 8 September 2015, Thomson Reuters was delighted to host a Lawyers in Local Government (LLG) London Housing and Regeneration group seminar (headed by Alexander McDowall, a lawyer in Legal Services at the London Borough of Camden). The group provides a focus of professional expertise with a view to developing networking, training and best practice … Continue reading Seminar for Lawyers in Local Government Housing and Regeneration group: anti-social behaviour, the right to buy and assets of community value

In brief for week ending 9 September 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

In brief for week ending 2 September 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

In brief for week ending 26 August 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

In brief for week ending 19 August 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

Public procurement legislation and policy review: June – August 2015

Our third post of this year on the key developments in public procurement legislation and policy that lawyers need to be aware of covers the period from June to August 2015. It does not consider case law as this is covered in our monthly public procurement case digest. For a summary of the latest cases, … Continue reading Public procurement legislation and policy review: June – August 2015

Public children law digest (June – August 2015)

This is a public children law update blog to give readers a snapshot of the important cases, issues and developments from June to August 2015. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases, issues, or legal developments that are covered or if … Continue reading Public children law digest (June – August 2015)

In brief for week ending 12 August 2015

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What does “take reasonable steps to consult” mean?

The recent judicial review challenge in R (Croydon Property Forum Limited) v London Borough of Croydon [2015] EWHC 2403 (Admin) considers the meaning of the words “take reasonable steps to consult” in statutory legislation.

Public procurement case digest (July 2015)

July’s case digest includes a Supreme Court judgment dismissing Edenred’s appeal against a government decision not to tender for the administration of a new tax free childcare scheme, and two High Court decisions finding error in a local authority’s tender evaluation and considering remedies following this finding. Please feel free to submit a comment below or … Continue reading Public procurement case digest (July 2015)

In brief for week ending 5 August 2015

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In brief for week ending 29 July 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

Administrative Court provides useful tips on judicial review practice and procedure in recent cases

The decisions of the Administrative Court often provide judicial review practitioners with useful tips on good practice in judicial review (or how not to pursue or defend a judicial review claim).  We set out below some recent cases in which courts have raised important principles in their judgments.

Local government quarterly digest (May – July 2015)

This is the latest in our series of quarterly local government update blogs, which will enable readers to catch up on the most important cases, issues or developments in local government from May 2015 to July 2015. Please feel free to submit a comment below or send us an Ask query if you have any … Continue reading Local government quarterly digest (May – July 2015)

Is devolution heading in the right direction?

The Cities and Local Government Devolution Bill 2015-16  is currently making its way through Parliament. The Bill takes forward reforms that are intended to allow for the implementation of devolution agreements with combined authority areas and with other areas. Its main provisions: Provide for an elected mayor for the combined authority who would exercise specified … Continue reading Is devolution heading in the right direction?

In brief for week ending 22 July 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

The Prevent duty: local authority implications

The government’s counter-terrorism strategy, CONTEST, is based on four areas of work: Pursue: to stop terrorist attacks. Prevent: to stop people becoming terrorists or supporting terrorism. Protect: to strengthen our protection against a terrorist attack. Prepare: to mitigate the impact of a terrorist attack. This post looks at the new duty on public bodies, specifically … Continue reading The Prevent duty: local authority implications

In brief for week ending 15 July 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

Public procurement case digest (June 2015)

June’s case digest includes a High Court decision considering a challenge the operation of a framework agreement for the supply of locum doctors, and an Advocate General opinion on the interpretation of Articles 47 and 48 of Directive 2004/18. Please feel free to submit a comment below or send us an Ask query if you have any … Continue reading Public procurement case digest (June 2015)

In brief for week ending 8 July 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

In brief for week ending 1 July 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Education law quarterly digest (April 2015 – June 2015)

This is the latest in our series of quarterly education update blogs which will enable readers to catch up on the most important cases, issues or developments in education law from April 2015 to June 2015. Please feel free to submit a comment below or send us an Ask query if you have any views … Continue reading Education law quarterly digest (April 2015 – June 2015)

In brief for week ending 24 June 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Freedom of information law quarterly digest (April – June 2015)

Our quarterly freedom of information law update blogs focus on the latest developments in freedom of information law under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (SI 2004/3391) (EIR). The blog will enable readers advising on freedom of information law to catch up on the most important cases, issues … Continue reading Freedom of information law quarterly digest (April – June 2015)

Court provides useful case management observations on the filing of evidence in judicial review applications

For judicial review practitioners, R (London College of Finance & Accounting) v Secretary of State for the Home Department [2015] EWHC 1688 (Admin) provides some useful case management observations on the filing of evidence in judicial review applications.

In brief for week ending 17 June 2015

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Housing law quarterly digest (March 2015 – May 2015)

Our quarterly housing law update blogs enable readers specialising in housing law to catch up on the most important cases, issues or developments. The post looks at housing law developments from March to May 2015. Please feel free to submit a comment below or send us an Ask query if you have any views on the developments that are covered … Continue reading Housing law quarterly digest (March 2015 – May 2015)

In brief for week ending 10 June 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Public procurement case digest (May 2015)

May’s case digest includes an ECJ ruling on the meaning of a service concession under Directive 2004/18, and an Advocate General’s opinion on the time limits for bringing an action under the Remedies Directive. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases … Continue reading Public procurement case digest (May 2015)

In brief for week ending 3 June 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Public procurement legislation and policy review: March to May 2015

Our second post of this year on the key developments in public procurement legislation and policy that lawyers need to be aware of covers the period from March to May 2015. It does not consider case law as this is covered in our monthly public procurement case digest. For a summary of the latest cases, … Continue reading Public procurement legislation and policy review: March to May 2015

Queen’s Speech: speeding up adoption through uniting services

On 27 May 2015, the Queen’s Speech included the introduction of the Education and Adoption Bill. The actual speech outlined the part of the Bill that relates to failing and coasting schools, and did not mention the adoption aspect. However the Department of Education’s press release “New measures to end delay for children awaiting adoption” … Continue reading Queen’s Speech: speeding up adoption through uniting services

In brief for week ending 27 May 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

In brief for week ending 20 May 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Public children law digest (February – May 2015)

This is a public children law update blog to give readers a snapshot of the important cases, issues and developments from February to May 2015. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases, issues, or legal development that are covered or … Continue reading Public children law digest (February – May 2015)

In brief for week ending 13 May 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Framework agreements under the PCR 2015: some tricky issues clarified

Framework agreements are a hugely popular mechanism for sourcing goods, services and works in the public sector. The ability to access frameworks set up by other contracting authorities takes a lot of the leg work out of a procurement process and lets contracting authorities easily see what is on offer in the market. But contracting … Continue reading Framework agreements under the PCR 2015: some tricky issues clarified

In brief for week ending 6 May 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Public procurement case digest (April 2015)

April’s case digest includes a decision on specific disclosure and a refusal to lift the automatic suspension of a contract award, as well as a series of cases from Europe. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases covered, or think … Continue reading Public procurement case digest (April 2015)

In brief for week ending 29 April 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

In brief for week ending 22 April 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Local government quarterly digest (February – April 2015)

This is the latest in our series of quarterly local government update blogs, which will enable readers to catch up on the most important cases, issues or developments in local government from February 2015 to April 2015. Please feel free to submit a comment below or send us an Ask query if you have any views on … Continue reading Local government quarterly digest (February – April 2015)

In brief for week ending 15 April 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

First conviction of a councillor under the Localism Act 2011

Fundamental changes to the regulation of standards of conduct for elected and co-opted local government members were introduced in 2012 by the Localism Act 2011.These included a requirement for local government members to register pecuniary and other interests and the creation of a new criminal offence of failing to register relevant interests. Clearly, in relation … Continue reading First conviction of a councillor under the Localism Act 2011

In brief for week ending 8 April 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Education law quarterly digest (November 2014 – March 2015)

This is the latest in our series of quarterly education update blogs which will enable readers to catch up on the most important cases, issues or developments in education law from November 2014 to March 2015. Please feel free to submit a comment below or send us an Ask query if you have any views … Continue reading Education law quarterly digest (November 2014 – March 2015)

In brief for week ending 1 April 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Public procurement case digest (March 2015)

March’s case digest includes an ECJ preliminary ruling on the effect of bias on the award of a public contract and the right to bring a challenge out of time, and a General Court decision annulling certain tender decisions taken by the European Aviation Safety Agency. Please feel free to submit a comment below or send us … Continue reading Public procurement case digest (March 2015)

PCR 2015: When to use a PQQ?

Lengthy and onerous pre-qualification questionnaires (PQQs) have long been an aggravation to suppliers to the public sector. The impact is particularly felt among SMEs where disproportionate PQQs are just one obstacle to winning government contracts. With this in mind, the government has taken various steps to restrict the use of PQQs.

In brief for week ending 25 March 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Issues with the community right to bid…

In the light of a recent report published by the House of Commons Communities and Local Government Committee on community rights (HOC report) and a number of Ask queries we have had from subscribers, we thought it would be timely to look at some of the issues arising from the right to bid for assets … Continue reading Issues with the community right to bid…

Freedom of information law quarterly digest (January – March 2015)

Our quarterly freedom of information law update blogs focus on the latest developments in freedom of information law under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (SI 2004/3391) (EIR). The blog will enable readers advising on freedom of information law to catch up on the most important cases, issues … Continue reading Freedom of information law quarterly digest (January – March 2015)

In brief for week ending 18 March 2015

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Housing law quarterly digest (December 2014 – February 2015)

Our quarterly housing law update blogs enable readers specialising in housing law to catch up on the most important cases, issues or developments. The post looks at housing law developments from December 2014 to February 2015. Please feel free to submit a comment below or send us an Ask query if you have any views on the developments that are covered … Continue reading Housing law quarterly digest (December 2014 – February 2015)

In brief for week ending 11 March 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Public procurement case digest (February 2015)

February’s case digest includes two High Court cases considering the lifting of automatic suspensions on contract awards for services. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases covered, or think that we have missed a case that should be brought to the … Continue reading Public procurement case digest (February 2015)

How practical is a 350 page bundle for care proceedings?

From the view of a local authority lawyer conducting care proceedings and generally being in charge of the court bundle, the simplest of cases will often expand beyond two full lever arch files. These will be filled with the life story of not only the child or children, but also those of their parents and … Continue reading How practical is a 350 page bundle for care proceedings?

In brief for week ending 4 March 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Public procurement legislation and policy review: December 2014 to February 2015

Our first post of this year on the key developments in public procurement legislation and policy that lawyers need to be aware of covers the period from December 2014 to February 2015. It does not consider case law as this is covered in our monthly public procurement case digest. For a summary of the latest … Continue reading Public procurement legislation and policy review: December 2014 to February 2015

In brief for week ending 25 February 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Public children law digest (January – February 2015)

This is the first public children law digest, designed to give readers a snapshot of the important cases, issues and developments in this area of law from January to February 2015. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases, issues, or … Continue reading Public children law digest (January – February 2015)

In brief for week ending 18 February 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

In brief for week ending 11 February 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Revising local authority standing orders to reflect the Public Contracts Regulations 2015

The Public Contracts Regulations 2015 (SI 2015/102) (PCR 2015) will come into force on 26 February 2015 (see Legal update, Public Contracts Regulations 2015 published) and any contract advertised on or after that date will be subject to the new rules. Local authorities will therefore be working hard on their standing orders or contract procedure … Continue reading Revising local authority standing orders to reflect the Public Contracts Regulations 2015

In brief for week ending 4 February 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Public procurement case digest (January 2015)

January’s case digest includes a High Court judgment considering if a bidder can be prevented from claiming damages due to a failure to challenge before the end of the standstill period. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases covered, or think … Continue reading Public procurement case digest (January 2015)

Legal aid is to help the vulnerable – really?

The government has seen many challenges to the way that legal aid is administered in the past year. From the successful challenge to the proposed residence test, to the guidance around exceptional case funding and the unsuccessful challenge to the evidence requirements for domestic violence victims, the end result appears to be that fewer people … Continue reading Legal aid is to help the vulnerable – really?

Work experience: schools’ hotline FAQs

Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding: This FAQ examines the law governing work experience for school-age pupils. For all our school hotline queries, please see Practice note, Schools hotline FAQs.

In brief for week ending 28 January 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Local government quarterly digest (November 2014 to January 2015)

This is the latest in our series of quarterly local government update blogs, which will enable readers to catch up on the most important cases, issues or developments in local government from November 2014 to January 2015. Please feel free to submit a comment below or send us an Ask query if you have any views on … Continue reading Local government quarterly digest (November 2014 to January 2015)

Public procurement case digest (December 2014)

December’s case digest includes an ECJ ruling on the compatibility with the EU rules of national law governing participation in procurement procedures, an Advocate General’s opinion on the interpretation of award criteria under Directive 2004/18, and the European Ombudsman rejecting a further complaint about the CJEU’s inclusion of an educational requirement in its tenders for translators. … Continue reading Public procurement case digest (December 2014)

In brief for week ending 14 January 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Public procurement: looking back to 2014 and forward to 2015

In this post, we consider the most significant events of 2014 for procurement law practitioners, and scan the horizon for what’s in store for 2015.

Obtaining housing for the family during care proceedings: is judicial pressure enough?

The situation of a parent who has been assessed as capable of caring for their child during care proceedings, but who needs housing before they can resume care is a familiar one for lawyers and social workers dealing with care cases.

In brief for week ending 7 January 2015

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Witness statements: schools’ hotline FAQs

Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding: This FAQ examines whether a headteacher should give a witness statement in custody proceedings. For details of all our school hotline queries, please see Practice note, Schools hotline FAQs.

Freedom of information law quarterly digest (October – December 2014)

Our quarterly freedom of information law update blogs focus on the latest developments in freedom of information law under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (SI 2004/3391) (EIR). The blog will enable readers advising on freedom of information law to catch up on the most important cases, issues … Continue reading Freedom of information law quarterly digest (October – December 2014)

In brief for week ending 23 December 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Looking forward to 2015 and back to 2014

We’re using the new year here at Practical Law Public Sector to reflect on the triumphs and traumas of the past year for us and our subscribers. In this post we take a look at our most popular content of 2014 and start to think about what the year ahead has in store.

In brief for week ending 17 December 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Sex education: schools’ hotline FAQs

Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding: This FAQ examines the issues arising when parents object to their children attending sex education classes on religious grounds. For details of all our school hotline queries, please see Practice … Continue reading Sex education: schools’ hotline FAQs

Housing quarterly digest (September – November 2014)

Our quarterly housing law update blogs enable readers specialising in housing law to catch up on the most important cases, issues or developments. The post looks at housing law developments from September 2014 to November 2014. Please feel free to submit a comment below or send us an Ask query if you have any views on the developments that are … Continue reading Housing quarterly digest (September – November 2014)

Public procurement case digest (November 2014)

November’s case digest includes a number of rejected appeals against European procurement decisions by the General Court, and an ECJ ruling regarding the exclusion of an economic operator from a procurement procedure due to inaccurate documentation. Please feel free to submit a comment below or send us an Ask query if you have any views … Continue reading Public procurement case digest (November 2014)

In brief for week ending 3 December 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

School uniform: schools’ hotline FAQs

Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding: This FAQ examines conflicts between school uniform policies and wearable items that are manifestations of a pupil’s religion. For details of all our school hotline queries, please see Practice note, … Continue reading School uniform: schools’ hotline FAQs

Debate continues over judicial review reforms

On 27 November 2014, the Chartered Institute of Legal Executives (ILEX), the Law Society and the Bar Council published a joint briefing paper considering the Lords’ amendments to Part 4 of the Criminal Justice and Courts Bill 2013-14 and 2014-15 (Bill) and its implications for judicial review. Their paper urged MPs to vote in favour of … Continue reading Debate continues over judicial review reforms

In brief for week ending 26 November 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Public procurement legislation and policy review: September- November 2014

Our fourth post of 2014 on the key developments in public procurement legislation and policy that lawyers need to be aware of covers the period from September to November 2014. It does not consider case law as this is covered in our monthly public procurement case digest. For a summary of the latest cases, see … Continue reading Public procurement legislation and policy review: September- November 2014

School trips and disability: schools hotline FAQs

Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding: This FAQ looks at the issues surrounding including pupils with disabilities in school trips. For details of all our school hotline queries, please see Practice note, Schools hotline FAQs.

In brief for week ending 19 November 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Education law quarterly digest (August – October 2014)

This is the latest in our series of quarterly education update blogs which will enable readers to catch up on the most important cases, issues or developments in education law from August to October 2014. Please feel free to submit a comment below or send us an Ask query if you have any views on … Continue reading Education law quarterly digest (August – October 2014)

In brief for week ending 12 November 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Pupils’ property going missing: schools hotline FAQs

Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding: This FAQ looks at schools’ responsibility when pupils’ valuables go missing at school. For details of all our school hotline queries, please see Practice note, Schools hotline FAQs.

In brief for week ending 5 November 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

In brief for week ending 29 October 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

In brief for week ending 22 October 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

In brief for week ending 15 October 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

In brief for week ending 8 October 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

In brief for week ending 1 October 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Preparing a report for local authority members

The recent decision of the High Court in R (West and others) v Rhondda Cynon Taff County Borough Council [2014] EWHC 2134 (Admin) is a useful reminder for local authority officers of the importance of getting a report to members right.

Parental contact orders: schools’ hotline FAQs

Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding: This FAQ looks at what a school can do when a divorced father wishes to attend his son’s school’s parents’ evening. For details of all our school hotline queries, please … Continue reading Parental contact orders: schools’ hotline FAQs

In brief for week ending 24 September 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector email.

Draft Public Contracts Regulations 2015: What’s changing for health and social care contracts?

On 19 September 2014, the Cabinet Office published  a consultation on the transposition of the Public Procurement Directive 2014/24/EU and on the draft Public Contracts Regulations 2015 (Draft Regulations) which will implement it. One of the issues most eagerly anticipated was how the government intended to give effect to the “light touch regime” described in … Continue reading Draft Public Contracts Regulations 2015: What’s changing for health and social care contracts?

Freedom of information law quarterly digest (July – September 2014)

Our quarterly freedom of information law update blogs focus on the latest developments in freedom of information law under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (SI 2004/3391) (EIR). The blog will enable readers advising on freedom of information law to catch up on the most important cases, issues … Continue reading Freedom of information law quarterly digest (July – September 2014)

In brief for week ending 17 September 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector e-mail.

Local authority chief executives: How much to pay and are they worth it?

How much should a council pay its chief executive? Should it have one at all? How does the job of a chief executive of a local authority compare with that of a FTSE 250 company? Does higher pay reflect better performance? These are some of the questions that the House of Commons Communities and Local … Continue reading Local authority chief executives: How much to pay and are they worth it?

In brief for week ending 10 September 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector e-mail.

Parental responsibility and parents’ evenings: schools hotline FAQs

  Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding: This FAQ looks at what a school can do when a divorced father wishes to attend his son’s school’s parents’ evening. For details of all our school hotline queries, … Continue reading Parental responsibility and parents’ evenings: schools hotline FAQs

Housing law quarterly digest (June 2014 – August 2014)

Our quarterly housing law update blogs enable readers specialising in housing law to catch up on the most important cases, issues or developments. The post looks at housing law developments from June 2014 to August 2014. Please feel free to submit a comment below or send us an Ask query if you have any views on the developments … Continue reading Housing law quarterly digest (June 2014 – August 2014)

In brief for week ending 3 September 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector e-mail.

DCLG warns local authorities over publicity code compliance

The DCLG is once again at loggerheads with some local authorities over their lack of compliance with the Code of Recommended Practice on Local Authority Publicity.

Internet abuse: schools hotline FAQs

Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding: This FAQ looks at what a school can do when a pupil has written lies about one of its teachers on a social networking site. For details of all … Continue reading Internet abuse: schools hotline FAQs

In brief for week ending 27 August 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector e-mail.

Public procurement legislation and policy review: June- August 2014

Our third post of 2014 on the key developments in public procurement legislation policy that lawyers need to be aware of covers the period from June to August 2014. It does not consider case law as this is covered in our monthly public procurement case digest. For a summary of the latest cases, see Public … Continue reading Public procurement legislation and policy review: June- August 2014

In brief for week ending 20 August 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector e-mail.

Education law quarterly digest (May – July 2014)

This is the first in our series of quarterly education update blogs which will enable readers to catch up on the most important cases, issues or developments in education law from May to July 2014. Please feel free to submit a comment below or send us an Ask query if you have any views on … Continue reading Education law quarterly digest (May – July 2014)

Governance procedures and exclusions: schools hotline FAQs

Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding: This FAQ looks at the procedures for exclusion decisions. For details of all our school hotline queries, please see Practice note, Schools hotline FAQs.

In brief for week ending 13 August 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector e-mail.

In brief for week ending 6 August 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector e-mail.

Public procurement case digest (July 2014)

July 2014 saw public procurement making an appearance in the Supreme Court, which considered what a “reasonably well-informed and normally diligent” tenderer actually is.   In a busy month, other issues considered by the courts included automatic suspension, development agreements and cross border interests. Please feel free to submit a comment below or send us an … Continue reading Public procurement case digest (July 2014)

Local government quarterly digest (May 2014 – July 2014)

This is the latest in our series of quarterly local government update blogs, which will enable readers to catch up on the most important cases, issues or developments in local government from May to July 2014. For those who are seeking the latest on education law, we will shortly be publishing a regular digest focusing … Continue reading Local government quarterly digest (May 2014 – July 2014)

Homelessness: the wider picture

Practical Law Public Sector recently attended a conference on homelessness jointly run by the Legal Action Group and Arden Chambers. The conference consisted of a number sessions focusing on various aspects of the homelessness regime under the Housing Act 1996. Of particular interest was the keynote speech given by Andrew Arden QC, which focused on … Continue reading Homelessness: the wider picture

Transposing the Directive: What needs clarifying in the Public Contracts Regulations 2014

The government has indicated its intention to transpose Directive 2014/24/EU into UK law by the end of the year through enacting the Public Contracts Regulations 2014. They will use a copy-out approach to the transposition, reflecting the Directive more or less word for word. The aim of this approach is to avoid gold-plating and so … Continue reading Transposing the Directive: What needs clarifying in the Public Contracts Regulations 2014

Public procurement case digest (June 2014)

June was a relatively quiet month for public procurement case law. Top of the bill was the ECJ considering (and rejecting) an attempt to extend the Teckal in-house exception to cover joint ventures between public authorities and charities. Please feel free to submit a comment below or send us an Ask query if you have … Continue reading Public procurement case digest (June 2014)

Freedom of information law quarterly digest (April – June 2014)

Our quarterly freedom of information law update blogs focus on the latest developments in freedom of information law under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (SI 2004/3391) (EIR). The blog will enable readers advising on freedom of information law to catch up on the most important cases, issues … Continue reading Freedom of information law quarterly digest (April – June 2014)

In brief for week ending 18 June 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector e-mail.

In brief for week ending 11 June 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector e-mail.

Housing law quarterly digest (March 2014 – May 2014)

This is the sixth of our series of quarterly housing law update blogs, which will enable readers specialising in housing law to catch up on the most important cases, issues or developments. The post looks at housing law developments from March 2014 to May 2014. Please feel free to submit a comment below or send us … Continue reading Housing law quarterly digest (March 2014 – May 2014)

In brief for week ending 4 June 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector e-mail.

Public procurement case digest (May 2014)

May was a busy month for public procurement case law, with this month’s digest covering decisions on automatic suspension, the requirements for particulars of claim, in-house contract award and limitation periods, as well as an Advocate General’s opinion on development projects. Please feel free to submit a comment below or send us an Ask query … Continue reading Public procurement case digest (May 2014)

In brief for week ending 28 May 2014

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector e-mail.

Public procurement policy review: March 2014 – May 2014

Our second post of 2014 on the key developments in public procurement policy lawyers need to be aware of covers the period from March to May 2014. It does not consider case law as this is covered in our monthly public procurement case digest. For a summary of the latest cases, see Public procurement case … Continue reading Public procurement policy review: March 2014 – May 2014

Public procurement case digest (April 2014)

After taking a rest in March, due to a lack of published decisions, our public procurement case digest is back. In this month’s digest: The General Court considers the obligation to provide debrief information, and the ability to reject a tender which does not comply with the contracting authority’s submission formalities. The Advocate General issues … Continue reading Public procurement case digest (April 2014)

Local government quarterly digest (February 2014 – April 2014)

This is the sixth in our series of quarterly local government update blogs, which will enable readers to catch up on the most important cases, issues or developments in local government since January 2014. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases, issues, … Continue reading Local government quarterly digest (February 2014 – April 2014)

Freedom of information law quarterly digest (January – March 2014)

This is the fifth in our series of quarterly freedom of information law update blogs, which focuses on the  latest  developments in freedom of information law under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (SI 2004/3391) (EIR). The blog will enable readers advising on freedom of information law to catch up … Continue reading Freedom of information law quarterly digest (January – March 2014)

Public procurement policy review: December 2013 – February 2014

Our first post of 2014 on key developments in public procurement policy that lawyers advising in this area need to be aware of covers the period from December 2013 to February 2014. It does not consider case law, which is covered in our monthly public procurement case digest. For a summary of the latest cases, … Continue reading Public procurement policy review: December 2013 – February 2014

Housing law quarterly digest (December 2013 – February 2014)

This is the fifth of our series of quarterly housing law update blogs, which will enable readers specialising in housing law to catch up on the most important cases, issues or developments. The post looks at housing law developments from December 2013 to February 2014. Please feel free to submit a comment below or send us … Continue reading Housing law quarterly digest (December 2013 – February 2014)

Public procurement case digest (February 2014)

In this month’s digest another automatic suspension is lifted, the courts consider the best value requirements when taking a service in-house and the Advocate General has again been considering the in-house exception. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases covered … Continue reading Public procurement case digest (February 2014)

Local government quarterly digest (November 2013 – January 2014)

This is the fifth in our series of quarterly local government update blogs which will enable readers to catch up on the most important cases, issues or developments in local government since November 2013. Please feel free to submit a comment below or contact us at feedback@practicallaw.com if you have any views on the cases, issues, … Continue reading Local government quarterly digest (November 2013 – January 2014)

Public procurement case digest (January 2014)

In this month’s digest the Advocate General has been considering whether the in-house exception, something the new directives seek to codify, should be extended. Please feel free to submit a comment below or contact us at: feedback@practicallaw.com if you have any views on the cases covered or think that we have missed a case that … Continue reading Public procurement case digest (January 2014)

Freedom of information and data protection: review of 2013 and preview of 2014

This post looks back at some of the key developments in freedom of information and data protection law in 2013 and highlights the impact these developments (and others that are expected) are likely to have in 2014. If you are particularly interested in any expected development in this area expected in 2014 (whether set out below or not) … Continue reading Freedom of information and data protection: review of 2013 and preview of 2014

Local government: review of 2013 and preview of 2014

This post looks back at some of the key developments in local government law in 2013 and highlights the impact these developments (and others that are expected) are likely to have in 2014. If you are particularly interested in any expected development in this area expected in 2014 (whether set out below or not) please do not … Continue reading Local government: review of 2013 and preview of 2014

Housing: review of 2013 and preview of 2014

This post looks back at some of the key developments in housing law in 2013 and highlights the impact these developments (and others that are expected) are likely to have in 2014. If you are particularly interested in any expected development in this area expected in 2014 (whether set out below or not) please do not hesitate … Continue reading Housing: review of 2013 and preview of 2014

Public procurement: review of 2013 and preview of 2014

This post looks back at some of the key developments in public procurement in 2013 and highlights the impact these developments (and others that are expected) are likely to have in 2014. If you are particularly interested in any expected development in this area expected in 2014 (whether set out below or not) please do not hesitate … Continue reading Public procurement: review of 2013 and preview of 2014

Public procurement case digest (December 2013)

The final case digest for 2013 sees confirmation that an ALMO qualifies for the Teckal exception alongside several reports from Europe on technical public procurement issues. Please feel free to submit a comment below or contact us at: feedback@practicallaw.com if you have any views on the cases covered or think that we have missed a … Continue reading Public procurement case digest (December 2013)

Freedom of information law quarterly digest (October – December 2013)

This is the fourth in our series of quarterly freedom of information law update blogs, which focuses on the  latest  developments in freedom of information law under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (SI 2004/3391) (EIR). The blog will enable readers advising on freedom of information law to catch up … Continue reading Freedom of information law quarterly digest (October – December 2013)

Housing law quarterly digest (September 2013 – November 2013)

This is the fourth of our series of quarterly housing law update blogs, which will enable readers specialising in housing law to catch up on the most important cases, issues or developments. The post looks at housing law developments from September 2013 to November 2013. Please feel free to submit a comment below or contact us … Continue reading Housing law quarterly digest (September 2013 – November 2013)

Public procurement case digest (November 2013)

This month sees two apparently conflicting cases on how a contracting authority should deal with a mistake made by a provider when submitting their tender. The ECJ has also confirmed the application of the EU principle of transparency to service concession contracts. Please feel free to submit a comment below or contact us at: feedback@practicallaw.com … Continue reading Public procurement case digest (November 2013)

Public procurement policy review: September – November 2013

In our final post of the year on the key developments in public procurement policy that lawyers should be aware of the focus is on the reforms to the public procurement regime, which were due to be adopted in early December 2013.  This post does not consider case law, which is covered in our monthly … Continue reading Public procurement policy review: September – November 2013

Public procurement case digest (October 2013)

Practical Law Public Sector reports: The headlines in October were dominated by a dispute between Covanta Energy Ltd and Merseyside Waste Disposal Authority which has led to an injunction being granted at the end of a seven-year procurement process and also the court considering an application for early disclosure. Please feel free to submit a comment below … Continue reading Public procurement case digest (October 2013)

Local government law quarterly digest (August 2013 – October 2013)

This is the fourth in our series of quarterly local government update blogs, which will enable readers to catch up on the most important cases, issues or developments in local government since May 2013. Please feel free to submit a comment below or contact us at feedback@practicallaw.com if you have any views on the cases, issues, or … Continue reading Local government law quarterly digest (August 2013 – October 2013)

Procurement Lawyers’ Association event: the new procurement directives

Procurement enthusiasts armed with more questions than answers gathered at the European Bank for Reconstruction and Development on the evening of Monday 14 October to discuss the new draft procurement directives. Two panels of experts provided their insights into the development of the Directive and the impact its provisions might make in practice. Rosemary Choueka … Continue reading Procurement Lawyers’ Association event: the new procurement directives

Public procurement case digest (August – September 2013)

Practical Law Public Sector reports: The most notable case in the last two months concerned a subsidy provided to a private company for a construction project, which the ECJ held to be in breach of the procurement rules. The ECJ also provided more clarity on how to determine whether an organisation that carries out a public service … Continue reading Public procurement case digest (August – September 2013)

Freedom of information law quarterly digest (July – September 2013)

This is the third in our series of quarterly freedom of information law update blogs, which focuses on the  latest developments in freedom of information law under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (SI 2004/3391) (EIR). The blog will enable readers advising on freedom of information law to catch … Continue reading Freedom of information law quarterly digest (July – September 2013)

Housing law quarterly digest (June 2013 – August 2013)

This is the third of our series of quarterly housing law update blogs. which will enable readers specialising in housing law to catch up on the most important cases, issues or developments. The post looks at housing law developments from June 2013 to August 2013. Please feel free to submit a comment below or contact us … Continue reading Housing law quarterly digest (June 2013 – August 2013)

Public procurement policy review: June – August 2013

Our third post on key developments in public procurement policy that lawyers advising in this area need to be aware of covers the period from June to August 2013. It does not consider case law, which is covered in our monthly public procurement case digest. For a summary of the latest cases, see Public procurement … Continue reading Public procurement policy review: June – August 2013

Public procurement case digest (July 2013)

PLC Public Sector reports: With desks being cleared before the Summer holidays, July was a busy month for procurement case law with UK decisions on specific disclosure, limitation periods and amending claim forms and the latest from the ECJ on development agreements. Please feel free to submit a comment below or contact us at: feedback@practicallaw.com … Continue reading Public procurement case digest (July 2013)

Local government law quarterly digest (May 2013 – July 2013)

This is the third in our series of quarterly local government update blogs which will enable readers to catch up on the most important cases, issues or developments in local government since May 2013. Please feel free to submit a comment below or contact us at feedback@practicallaw.com if you have any views on the cases, … Continue reading Local government law quarterly digest (May 2013 – July 2013)

Public procurement case digest (June 2013)

PLC Public Sector reports: The key decision in our June 2013 case digest may have implications for contracting authorities exploring options to share services. Please feel free to submit a comment below or contact us at: feedback@practicallaw.com if you have any views on the cases covered or think that we have missed a case that … Continue reading Public procurement case digest (June 2013)

Freedom of information law quarterly digest (April – June 2013)

This is the second in our series of quarterly freedom of information law update blogs, which focuses on the latest developments in freedom of information law under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (SI 2004/3391) (EIR). The blog will enable readers advising on freedom of information law to … Continue reading Freedom of information law quarterly digest (April – June 2013)

Housing law quarterly digest (March 2013 – May 2013)

This is the second of our series of quarterly housing law update blogs, which will enable readers specialising in housing law to catch up on the most important cases, issues or developments.  This post looks at housing law developments from March 2013 to May 2013. Please feel free to submit a comment below or contact … Continue reading Housing law quarterly digest (March 2013 – May 2013)

Public procurement case digest (May 2013)

PLC Public Sector reports: Following a quiet month, our May 2013 case digest reviews a case on the application of the Treaty principles to specific procurement requirements and takes a look back at the year to date. Please feel free to submit a comment below or contact us at: feedback@practicallaw.com if you have any views … Continue reading Public procurement case digest (May 2013)

Public procurement policy review: February – May 2013

PLC Public Sector reports: Our second post on key developments in public procurement policy that lawyers advising in this area need to be aware of covers the period from February – May 2013.  It does not consider case law, which is covered in our monthly public procurement case digest, for a summary of the latest … Continue reading Public procurement policy review: February – May 2013

Public procurement case digest (April 2013)

  PLC Public Sector reports: Our April 2013 case digest includes cases on the structure of evaluation processes, disclosure in procurement disputes and the application of the procurement regime to development agreements. Please feel free to submit a comment below or contact us at: feedback@practicallaw.com if you have any views on the cases covered or … Continue reading Public procurement case digest (April 2013)

Local government quarterly digest (February 2013 – April 2013)

This is the second in our series of quarterly local government update blogs which will enable readers to catch up on the most important cases, issues or developments in local government since February 2013. Please feel free to submit a comment below or contact us at feedback@practicallaw.com if you have any views on the cases, … Continue reading Local government quarterly digest (February 2013 – April 2013)

Public procurement case digest (March 2013)

PLC Public Sector reports: Our March 2013 case digest includes the latest on the courts’ approach to deciding whether the disclosure of the award criteria for a procurement has complied with the requirements for transparency and equal treatment. Please feel free to submit a comment below or contact us at: feedback@practicallaw.com if you have any … Continue reading Public procurement case digest (March 2013)

Freedom of information law quarterly digest (January – March 2013)

This is the first of our new series of quarterly update blogs on the latest developments in freedom of information law under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (SI 2004/3391) (EIR). The blog will enable readers specialising in freedom of information law to catch up on the most … Continue reading Freedom of information law quarterly digest (January – March 2013)

Housing law quarterly digest (December 2012 – February 2013)

This is the first of our new series of quarterly housing law update blogs, which will enable readers specialising in housing law to catch up on the most important cases, issues or developments.  This post looks at housing law developments from December 2012 to February 2013. Please feel free to submit a comment below or … Continue reading Housing law quarterly digest (December 2012 – February 2013)

Public procurement case digest (February 2013)

  PLC Public Sector reports: Our February 2013 case digest includes details of the decision in Montpellier Estates Ltd v Leeds City Council, where the High Court considered a challenge to the Council’s decision to abandon its competitive dialogue and instead proceed with its public sector comparator. Please feel free to submit a comment below … Continue reading Public procurement case digest (February 2013)

Public procurement policy review: 2013 so far

PLC Public Sector reports: This is the first of a new series of posts on key developments in public procurement policy in the UK that lawyers advising in this area need to be aware of.  It will not consider case law, which is covered in our monthly public procurement case digest. In this first edition, … Continue reading Public procurement policy review: 2013 so far

Public procurement case digest (January 2013)

  PLC Public Sector reports: Our January 2013 case digest includes the latest on cases concerning undertakings in damages in public procurement claims and the interaction of the information law and public procurement regimes. Readers may also be interested in our digest of cases from 2012, which provides links to all of our public procurement … Continue reading Public procurement case digest (January 2013)

PLC Public Sector 2012 public procurement case digest

PLC Public Sector reports: This post provides links to all of our public procurement case digests for 2012, with details of the key cases covered in each of the posts. Links to our full updates on these cases can be found in the individual digest posts.

Local government law quarterly digest (November 2012 – January 2013)

This is the first of our new series of quarterly local government update blogs, which will enable readers specialising in local government law to catch up on the most important cases, issues or developments.  This post looks at developments from November 2012 to January 2013, when the most interesting developments have been two recent cases … Continue reading Local government law quarterly digest (November 2012 – January 2013)

Public procurement case digest (December 2012)

PLC Public Sector reports: Our December 2012 case digest includes an update on the latest cases on taking account of service user choice and the difference between selection and award criteria. Please feel free to submit a comment below or contact us at: feedback@practicallaw.com if you have any views on the cases covered or think … Continue reading Public procurement case digest (December 2012)

Public procurement case digest (November 2012)

PLC Public Sector reports: Our November case digest focuses on the clarity of selection criteria; when an authority can seek clarification of a tender; and joint control for the Teckal test. Please feel free to submit a comment below or contact us at: feedback@practicallaw.com if you have any views on the cases covered or think … Continue reading Public procurement case digest (November 2012)

TUPE and tendering – avoiding the pitfalls

Ok, so you know how to tender a service and you know what to do about the transferring staff in theory, but what if … shock … horror … it doesn’t go according to plan? Your incumbent contractor won’t give you information about the transferring staff. Your incumbent contractor claims TUPE applies to a group … Continue reading TUPE and tendering – avoiding the pitfalls