Subsidy control regime - enforcement

In the final article in a four-part series on subsidy control, David Owens and Trevor Watt examine the issue of enforcement. Read more
Slide background
Slide background
Slide background
Slide background

  NEWS

Oct 18, 2021

London borough fails in Court of Appeal bid to challenge routeing of lorries to HS2 construction sites

The Court of Appeal has refused Hillingdon Council permission to appeal in a dispute about the arrangements for the routeing of lorries to and from HS2 construction sites in the borough.
Oct 18, 2021

Law firm advises city council on decarbonisation heat network project

Browne Jacobson’s government and infrastructure team has advised Manchester City Council on the set up of the Civic Quarter Heat Network (CQHN), a sustainable energy project which aims to provide the City of Manchester with an efficient and environmentally friendly heat and power network to power some of its most high profile and historically listed buildings.
Oct 14, 2021

London borough eyes issue of climate bonds to fund green projects

Camden Council has become the latest authority to announce that it is looking to issue climate bonds as a way of financing a range of environmental projects across the borough.
Oct 12, 2021

Social housing providers will be exempt from Residential Property Developer Tax

The government has confirmed that social landlords will be exempt from the Residential Property Developer Tax (RPDT) when it is introduced next year.
Oct 04, 2021

Thinktank sets out principles that should underpin Levelling Up White Paper

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

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

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

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

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

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

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

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

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

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

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

Cabinet Office updates procurement policy note on reserving below threshold procurements

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

  FEATURES AND ANALYSIS

October 08, 2021

Subsidy Control - Referral to the Competition & Markets Authority

In the third article in a four-part series on subsidy control, Chris Harper and David Owens look at the role of the Competition and Markets Authority (CMA).
October 01, 2021

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

In the second article in a four-part series, Edward Reynolds and David Owens consider two key provisions in the Subsidy Control Bill on competition and relocation of activities.
October 01, 2021

Carbon reduction and central government contracts

Jenny Beresford-Jones looks at the imminent prospect of Supplier Carbon Reduction Plans being assessed in large government contracts.
October 01, 2021

PFI contract expiry and handover assistance from the IPA

Is the support plan produced by the Infrastructure and Projects Authority one you can work with on PFI contract expiry? Martin Cannon looks at the details.
September 24, 2021

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

Jonathan Branton and Alexander Rose outline some key issues with the Subsidy Control Bill as it reached the second reading in Parliament this week.
September 17, 2021

Subsidy Control Bill - The General Principles

In the first in a four-part series David Owens and Edward Reynolds review the Subsidy Control Bill.
September 10, 2021

LEPs and public funding

A Government review of Local Enterprise Partnerships is expected to lead to significant changes in how public funding is delivered in England, write Jonathan Branton and Alexander Rose.
September 03, 2021

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

David Hobbs looks at some key issues for public sector landowners to consider when providing electric vehicle charging points.
Slide background

Sponsored Editorial

  MORE NEWS

Sep 03, 2021

Council to require all buildings to be removed from biomass plant

The Vale of Glamorgan Council is to take enforcement action over planning concerns relating to the Biomass Gasification Plant in Barry.
Sep 02, 2021

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

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

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

Energy regulator Ofgem has launched a probe into a company involved in a solar panel scheme with Stoke-on-Trent City Council.
Aug 23, 2021

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

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

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

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

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

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

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

Suez Recycling and Recovery Surrey has won a stay of proceedings in a dispute with Surrey County Council over the provision of waste infrastructure.
Jul 15, 2021

New deals on way for counties as part of more flexible approach to devolution in England, says Prime Minister

The Prime Minister has signalled that the Government will adopt a more flexible approach devolution in England, saying “we need to re-write the rulebook”, with new deals for the counties.
Jul 13, 2021

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

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

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

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

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

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

Council defeats Court of Appeal challenge over Elephant and Castle redevelopment

A local activist group has lost a challenge at the Court of Appeal to the London Borough of Southwark’s grant of planning permission for a major redevelopment of the Elephant and Castle area.
Jun 01, 2021

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

A High Court judge has rejected a judicial review challenge over the lawfulness of regulations that extinguished contractors’ right to Local Government Pension Scheme “exit credits” with retrospective effect.
Jun 01, 2021

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

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

Ombudsman criticises council for way it allocated Covid grants to businesses

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

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

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

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

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

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

Bills covering planning, procurement, subsidy control, judicial review and electoral integrity are among the key pieces of legislation outlined in today’s Queen’s Speech.
Apr 27, 2021

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

The West Yorkshire Combined Authority (WYCA) has appointed law firm Pinsent Masons to provide projects legal advice under a contract potentially worth up to £4m over three years.
Apr 22, 2021

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

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

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

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

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

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

Budget 2021: reaction from the sector

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

Budget 2021: key measures

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

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

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

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

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

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

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

Government launches consultation on “bespoke” approach to subsidy control

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

Sharpe Pritchard appoints Rob Hann as Head of Local Government

Specialist public law firm Sharpe Pritchard has appointed Rob Hann as its Head of Local Government.
Jan 19, 2021

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

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

  MORE FEATURES

August 26, 2021

Make your mind up! Liquidated Damages clause upheld despite Employer’s challenge

In the recent case of Eco World Ballymore (EWB) v Dobler[1] , an Employer took the unusual position of challenging their own entitlement to liquidated damages (LDs) on the ground that the LDs provision constituted an unenforceable penalty clause. Clare Mendelle and James Goldthorpe investigate.
August 20, 2021

Road investment and climate change

The Government’s £27bn Road Infrastructure Strategy has been found to be lawful. John Litton QC and Andrew Byass analyse the High Court’s ruling.
August 19, 2021

Are Collateral Warranties Construction Contracts? Timing is Key.

Clare Mendelle and Anna Sidebottom examine the recently decided case of Toppan v Simply[1], which has provided guidance on when collateral warranties may be considered “construction contracts” under the Housing Grants, Construction and Regeneration Act 1996 and so give the warranty holder the right to adjudicate.
August 13, 2021

The Stonehenge Tunnel case: heritage impacts and consideration of alternatives

A High Court judge recently quashed the approval of the Stonehenge Tunnel. Victoria Hutton, Rose Grogan, Christiaan Zwart and Richard Harwood QC examines the ruling.
July 30, 2021

The counter-restitution principle defined

In an important decision in the law of unjust enrichment, the Court of Appeal has defined the counter-restitution principle for the first time after detailed argument about its basis and scope, writes Simon Salzedo QC.
July 29, 2021

Liquidated damages and termination

Clare Mendelle, Francesca Gallagher and James Goldthorpe provide an outline of the Supreme Court's recent decision in Triple Point Technology vs PTT Public Company Limited.
July 23, 2021

Transparency in regulated procurements

A county council has recently defended a waste company’s application for summary judgment in a procurement dispute. Joseph Barrett explains how.
July 13, 2021

When procurement law and contracts for interests in land meet

Colin Ricciardiello provides a case law update examining cases that have examined the overlap between a requirement to procure and a contract for the disposal of an interest in land.
July 02, 2021

No more reward without risk

Nigel Bolton and Philip Woolham look at the lessons to be learned from an important High Court judgment for local authorities and contractors on pension exit credits.
July 02, 2021

Early contractor involvement

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

Subsidy Control FAQs

Alexander Rose and Jonathan Branton discuss the latest updates made to the Subsidy Control guidance published by Department for Business, Energy and Industrial Strategy (DBEIS).
June 18, 2021

The use of experts only works when everyone plays by the same rules

Colin Ricciardiello looks at the use of expert witnesses in the wake of an important recent decision.
June 18, 2021

GPA/Trade Deals - Amendments to the PCR 2015

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

Subsidy Control after Brexit – a practitioner’s perspective

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

The limits of an adjudicator's jurisdiction

Dr Paul Hughes and Anna Sidebottom look at the effect of Prater v Sisk [2021] on the ability of an Adjudicator to rely on previous 'out of jurisdiction' decisions between the same parties
May 28, 2021

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

Matthew Mo and Kyle Duggan look at the implications of a recent European Court procurement ruling on development agreements entered into by public bodies.
May 21, 2021

Important changes following the introduction of the Fire Safety Act

The Fire Safety Act received Royal Assent on 29 April 2021 and will shortly be on the statute books. Mark London and Michael Wharfe look at what is in store.
May 20, 2021

Regeneration review

Neil Walker, Alex Kynoch, Jonathan Allen, Mark Stubbs and Ayesha Khalique look at four keys areas of regeneration, including public funding of regeneration projects, planning, construction, finishing with a look at recent impactful real estate developments affecting regeneration.
May 14, 2021

Tax on Development Purchases

V. Charles Ward addresses prospective tax liabilities in relation to a local authority development or investment purchase and how transactions can be structured in ways which minimises those liabilities.
May 14, 2021

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

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