The Public Service Obligations in Transport Regulations 2023
The Public Service Obligations in Transport Regulations 2023 (the “PSO Regulations”), which came into force on Christmas Day 2023, set out procurement and subsidy control obligations in the public transport sector for public bodies awarding PSO contracts. Clarice Harper-Smith highlights the key considerations.
New laws to strengthen LPA powers of enforcement
A number of significant changes to the planning enforcement regime will come into effect from 25 April 2024. Perhaps the most notable of these is a change to the time period in which Local Planning Authorities can take enforcement action against unauthorised development. Rebecca Stewart explores some of these changes.
The impact of the Economic Crime and Transparency Act 2023 on local authorities and their companies
Sophie Alexander provides a critical analysis of the likely impact of the Economic Crime & Corporate Transparency Act 2023 on local authorities and their companies.
Back-to-back contracting sounds simple, but is it really?
We often hear the term ‘back-to-back’ contracting, but what does this mean, and what are the common themes to consider when faced with a construction project involving multiple parties? Rachel Murray-Smith and Sydney Rich look at the issues.
Registration deadline extended for Registered Building Inspectors
The Health and Safety Executive (“HSE”) has extended the deadline for the registration of Registered Building Inspectors (“RBIs”) to 6 July 2024 following industry concerns. Ewan Anthony and Rachel Murray-Smith explain why.
Avoiding late payment in construction - a fair payment practices guide
Allan Owen and Clarice Harper-Smith consider a variety of methods and options available to public sector contracting authorities and the wider construction industry to avoid issues of late payment in construction contracts.
Redactions to disclosure in judicial review litigation - a further update
A High Court judge has ruled that the general principle that a litigant in judicial review proceedings is not entitled, as a matter of course, to redact, on the ground of relevance, the identities of officials in disclosure cannot be contracted out by the parties’ agreement through a consent order. Jonathan Blunden and Christian Grierson analyse the judgment.
Condition precedents in light of Lancashire Schools v Lendlease
Condition precedents are common in various commercial agreements. Ewan Anthony and David Owens discuss the court’s general approach to considering contractual condition precedents, and whether, particularly after the recent case of Lancashire Schools SPC Phase 2 Limited v Lendlease Construction (Europe) Limited and Others [2024] EWHC 37 (TCC), the court may be prepared to disregard them.
Spotlight on Construction Law
It has been a busy year in the construction industry, write David Owens, Rachel Murray-Smith and Helen Arthur, with some standout legislative changes, including in relation to the Building Safety Act 2022, and the Government issuing a significant paper in respect of behaviours relating to PFI contracts.
Planning & Infrastructure Authorisation – looking forward: policy highlights
It has been (another) year in which the Government has tried to carry out the tricky balancing act between getting more houses built and living up to its green credentials, write Alastair Lewis, Bernadette Hillman, Emily Knowles and James Goldthorpe.
The Levelling-up and Regeneration Act 2023
Jo Pickering, Aidan Dickinson, James Mallery-Nelson, Victoria Okafor and Christopher Watkins explore some of the main legislative changes brought in by the Levelling-up and Regeneration Act 2023 which are set to impact the local government and property sector(s).
Spotlight on Employment Rights 2024
With 2024 set to be an interesting year for employment law and practice, we have already seen some changes from 1 January 2024 and there are further changes on the way through this year and into 2025, write Julie Bann and David Leach.
BNG begins: considerations at the application stage
On 12 February 2024, mandatory Biodiversity Net Gain (“BNG”) officially arrived. Alastair Lewis, Emily Knowles and James Goldthorpe explore how BNG will need to be approached at the planning application stage.
Remediation Orders: What you need to know
Joe Walker and Helen Arthur explain what a remediation order is and look at two recent cases to see how the First-Tier Tribunal has interpreted the framework for these.
Redaction of names of junior civil servants in judicial review proceedings
In a unanimous judgment, the Court of Appeal has dismissed the government’s appeal of a High Court judgment which proscribed the government’s practice of routinely redacting the names of junior civil servants when supplying disclosure in judicial review proceedings. Christian Grierson and Jonathan Blunden analyse the judgment.
Paternity leave is becoming more flexible
David Leach sets out the key points for employers from new regulations affecting paternity leave.
Biodiversity Net Gain is a reality: the basics
Alastair Lewis and Emily Knowles looks at the latest developments in relation to Biodiversity Net Gain, including the all-important start dates for major and small developments.
Smash and grab and true value
The High Court recently considered whether a party can refer a dispute to an adjudicator on both a ‘true value’ and ‘smash and grab’ basis. Michael Comba, Ewan Anthony and David Owens analyse the ruling.
Can the Court now order that parties to court cases must engage In Alternative Dispute Resolution?
The Court of Appeal recently delivered its much anticipated judgment in Churchill v. Merthyr Tydfil County Borough Council. Colin Ricciardiello and William Murrin analyse its likely impact.
Update – Redactions in judicial review litigation
Simon Kiely and Jonathan Blunden provide an update on the redaction of the identities of officials in judicial review litigation.
Reforms to holiday pay, record-keeping requirements and TUPE: an important Employment Law update
David Leach and Francesca Gallagher look at a welcome injection of interest in Employment law, with draft regulations being laid before Parliament on changes to the Equality Act, action on holiday pay, which may be the biggest shakeup of the Working Time Regulations since they were introduced some 25 years ago and also consideration of the TUPE regs.
Enhancements to family leave published
David Leach reports on the latest legal developments in relation to family leave.
New Year, New Thresholds
Juli Lau looks at the latest procurement thresholds published by the Government last month.
NEC101 – Key Case Law
Michael Comba and Shyann Sheehy examine key case law relating to the NEC suite of contracts, building on the topics explored by their colleagues in this series previously.
Retained EU Law (Revocation and Reform) Act 2023
On 29 June the Retained EU Law (Revocation and Reform) Act 2023 (the ‘Act’) received Royal Assent. Juli Lau and Shyann Sheehy look at the key provisions.
Updated: Employment Relations (Flexible Working) Act 2023 has received Royal Assent on 14 July 2023.
The high-profile Employment Relations (Flexible Working) Act 2023 has received Royal Assent. Julie Bann and Francesca Gallagher provide an update on the key points.
Equality Act to get EU upgrade
The Retained EU Law (Revocation and Reform) Act 2023 triggered concerns about the future of domestic employment law, which originated in the EU. New draft regulations, The Equality Act 2010 (Amendment) Regulations 2023 which are planned to come into force on 1 January 2024 provide welcomed clarity on the issue in respect of the Equality Act 2010, writes David Leach.
Local authority land, injunctions and newcomers
Mari Roberts and Christopher Watkins look at the lessons to be learned from the Supreme Court's landmark ruling on whether courts can grant injunctions against "newcomers".
The way wind works
In the first in a new series on renewable energy technologies, Steve Gummer and Steve Cirell look at onshore wind.
Minimum service levels update – major change to UK trade union law
Under the Strikes (Minimum Service Levels) Act 2023, which received Royal Assent on 20 July 2023, the Secretary of State has the power to set Minimum Service Levels (MSLs) for “relevant services” in the fields of health, transport, education, fire and rescue, border control, and nuclear decommissioning and radioactive waste management services. Christopher Grierson and Francesca Gallagher look at the key provisions.
New disclosure timeframes for Custodial Sentences to Employers
All employers will need to urgently update their recruitment policies, writes David Leach.
The final act that marks the beginning: the Procurement Act 2023
As a starting point for navigating the new procurement regime, Juli Lau identifies some key themes which are particularly relevant to public authorities.
Not that black and white: The use of landowner rights by planning authorities
A recent High Court decision has reaffirmed that planning authorities should not invoke their rights as private landowners to stifle planning applications, write Gemma Duncan and William Murrin.
The Government’s Waste Tracking Response
On 21 October 2023 the Government published its long awaited response to the Consultation on implementation of mandatory electronic waste tracking. Sally Stock and Natasha Barlow set out the key points.
Where do we stand?
Colin Ricciardiello looks at an economic operator’s right to bring a procurement challenge.
Seven to Three: Simpler Recycling?
On 21 October 2023, the Government published its long awaited response to the results of its consultation on ‘Consistency in household and business recycling in England’. Sally Stock and Natasha Barlow examine the detail.