Duncan Osler, Partner, MacRoberts LLP
 
Currently, there is a lot of interest in the implementation of the new Remedies Directive.  Following the publication of the OGC’s second consultation on the subject, there has been a great deal of discussion about the new possibility of having a contract declared ineffective and therefore void, even after it has been entered into.

If anyone is wondering how and why this is going to happen or taking comfort from the fact that the threat will not emerge until the new Remedies Directive comes into force at the end of 2009, they will be interested in a case on which we advised the Pursuer earlier this year.

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PLC Public Sector reports:

The Information Commissioner headlines this week’s actions, with guidance stating that the majority of property search information is environmental information causing a stir, and a further warning issued following more public sector lapses in data security.

Other items include local authority responsibility for paying school fees and numerous consultations published in advance of the Parliamentary recess.

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David Gollancz, Partner, Field Fisher Waterhouse LLP:

On 9 June 2009, two judgments were handed down on the application of the procurement rules to co-operation between contracting authorities for apparently commercial purposes.

One was the decision of the European Court of Justice (ECJ) in Commission v Federal Republic of Germany (Stadtreinigung Hamburg), and the other, the judgment of the Court of Appeal in Brent London Borough Council v Risk Management Partners (RMP).

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PLC Public Sector reports:

When is a contract “environmental” information? Should schools allow parents to take photographs at school sports days? Which authority is responsible for a SEN statement, the authority that looks after the child or the one where he or she lives? 

The answers to these questions and many more are revealed in this week’s recommended actions.

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Procurement FAQs

PLC Public Sector reports:

Are you constantly asked the same question by client departments? Do you find yourself looking up the answer to the same question time after time? 

Following on from the launch of our schools hotline service, PLC Public Sector is compiling a list of frequently asked questions about procurement law and practice. 

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