Local authority litigation update

With cuts to public spending high on the current political agenda, the focus on litigation issues for local authority in-house lawyers increases too.

Local authorities: the new generators?

It is widely acknowledged that the UK Government's targets for tackling climate change are incredibly challenging. It is also universally accepted that local authorities will have a key role to play in efforts to tackle climate change.

Purdah - public bodies in the pre-election period

With the next general election looming, Wragge & Co's Public Law and Regulation team considers the implications for decision-making by central and local government and other public authorities.

Admitted Body Status - where are we now?

Shortly before the Christmas break, the Department for Communities and Local Government (CLG) issued updated guidance relating to the operation of the Admitted Body Status (ABS) framework within the Local Government Pension Scheme (LGPS).

Getting tough on tendering. The impact of the new Remedies Directive

A radical overhaul of the remedies available under the existing public procurement regime came into force yesterday in the form of the Public Contracts (Amendments) Regulations 2009 (SI2009/2992) which implement the Remedies Directive.

The LGPS Investment Regulations - out with the old, in with the new

The new LGPS Investment Regulations came into force on 1 January 2010. The Regulations replace a whole raft of existing statutory instruments dating back to 1998 and also introduce several new requirements which warrant attention.

Local Government update

Life never stands still in local government. Read the team's comments on issues, from the ramifications of London Authorities Mutual Limited (LAML) to the new remedies directive, and take note of any action points that will help you and your organisation.

Court of Appeal and ECJ beg to differ on legality of shared service arrangements: Brent LBC v Risk Management Partners (the LAML case) and Commission v Germany

On 9 June 2009, the Court of Appeal handed down its judgment in Brent LBC v Risk Management Partners, upholding the insurance provider's claim for damages for breach of the procurement rules.

Promoting well-being - caution rules again? Brent LBC v Risk Management Partners: (the LAML case) part one

For many years, innovative actions by local authorities have been stifled by concerns over the scope of their powers. Some legislation contains deliberate and specific constraints on local authority activities.

Help is at hand: New BSI standard for data protection

Following a three-month consultation with the industry, government, academia and consumers, but not the Information Commissioner's Office (ICO), on Tuesday 2 June BSI launched the first British Standard relating to personal data management.

Litigation survival guide - part 18. Putting payment terms under the microscope

With no end in sight to the economic downturn, payment terms are increasingly important to many businesses. Contractual terms agreed in the past regarding payment may now appear somewhat outdated.

Litigation survival guide - part 16. That's settled then!

Ensuring that a settlement agreement achieves its purpose is crucial.

Public bodies: consultation duties

In March 2009, Wragge & Co's Public Law & Regulation team reported that the High Court had, in ruling on judicial reviews involving the Boundary Committee for England, provided helpful guidance on the consultation duties of public bodies.

Litigation survival guide - part 15. Securing the costs of your litigation

Litigation can be costly. Having to defend an unmeritorious claim made by a financially unstable company is the worst case scenario for any defendant and, in a period of economic downturn, the risk of this happening is increased.

OGC announces tightening of penalties for public procurement abuses

On 30 April 2009, the Office of Government Commerce (OGC) launched its 12-week long second-stage consultation on the implementation in UK law of the new Remedies Directive (Council Directive 2007/66/EC).

Litigation survival guide - part 14. Mediation - do you have to and why should you?

Parties should always be alert to the possibility of mediation as an alternative form of dispute resolution. This is particularly so in the current economic climate as mediation can resolve a dispute in a short time frame.

Litigation survival guide - part 13. Offers to settle under Part 36

In any litigation, but possibly more so in times of economic downturn, considering offers of settlement is crucial. If an offer is accepted you will save on legal and management costs.

Litigation survival guide - part 11. Time is (recoverable) money. Recovering wasted staff and management time

When a dispute arises which subsequently leads to litigation, the internal costs of investigating and dealing with the problem can be significant.

ICO guidance on monitoring and enforcing compliance with model publication scheme

The Information Commissioner's Office has issued a notice setting out how it will monitor and enforce the adoption by public authorities of the new model publication scheme to comply with their obligations under the Freedom of Information Act.

Litigation survival guide - part 10. To use or not to use? That is the without prejudice question

If I stick without prejudice on this email, I can't go wrong. Wrong!

Litigation survival guide - part 9. Privilege - top five Q&As

Privilege is a complex area which can be the source of much confusion. The rules on privilege play a key role in the obligation to disclose documents which is an important stage in any litigated dispute.

Litigation survival guide - part 8. Cost-effective litigation

Although litigation should always be conducted in a cost-effective manner, in periods of economic downturn this becomes increasingly more important.

Litigation survival guide - part 6. Regulatory breaches - steps in the right direction

We live in an ever more regulated age. European and global markets are increasingly regulated and this trend looks set to continue.

Good consultation - further clarity from the High Court

Two decisions of the High Court in judicial reviews involving the Boundary Committee for England provide helpful guidance to public bodies operating under a statutory duty to consult.

Litigation survival guide - part 5. Responding to the threat of winding-up

Although service of a statutory demand or winding-up petition on a company is a blunt and unsophisticated debt recovery tool, it will often have the desired effect for a creditor as they are seldom ignored and ignored only at the company's peril.

Litigation survival guide - part 4. Winding-up your corporate debtor

The threat of insolvency proceedings against a corporate debtor can greatly assist a creditor's primary objective of getting paid, preferably in advance of everyone else.

Litigation survival guide - part 3. Retention of title: sellers beware!

With the effect of the global credit crunch hitting national and international trade, sellers should take a close look at their standard terms and conditions of sale to ensure that they have a valid retention of title (ROT) clause.

Fast-tracking procurements of 'major public projects'

The European Commission has announced that it is prepared to accept more widespread use of the accelerated restricted procedure to procure 'major public projects' in 2009 and 2010 due to the current economic climate.

Litigation survival guide - part 1. Escape to victory: points to consider when terminating a contract

For a number of reasons you may wish to consider whether you can terminate a contractual relationship you have entered into. During periods of economic downturn the instances of this are greater.

New Year's resolution to "become a better customer" - the OGC launches new toolkit for public sector IT procurements

Two new procurement tools were launched on 9 January 2009 by the Office of Government Commerce to help public sector bodies taking on large, complex IT projects. The two tools consist of a PQT and JSI.

The end for pay protection?

Every local authority we have encountered has had some sort of pay protection scheme to help employees facing a pay cut 'step down' to the new salary grade. This often happens in redundancy/redeployment but also on regarding to implement single status.

Security in uncertain times - performance bonds, parent company guarantees and advance payment bonds

Whatever the economic climate, a local authority entering into a building contract will be concerned about protecting its position in the event of contractor insolvency. In today's market, these concerns are particularly acute.

Local government update: are we becoming protectionist?

Wragge & Co's public sector experts consider an end to pay protection, protecting construction projects from the credit crunch and protecting personal data.

Flying golf balls defeat village green

Town or village green applications arise from a piece of 1960s legislation which allows local inhabitants to apply for registration of land as a TVG where they can show that they have used it for more than 20 years "as of right".

Ill-health pensions

The new LGPS has now been in place for a little over six months. One of the most debated aspects of the new LGPS has been the operation of the three tier ill-health pension benefit.

Age and redundancy

Many enhanced redundancy schemes, even if agreed with unions or employees, are open to challenge under the age discrimination laws.

Access to information

The Information Commissioner has issued technical guidance clarifying how Schedule 12A and section 100 of the Local Government Act 1972 (LGA) operate alongside the Data Protection Act 1998 (DPA) and the Freedom of Information Act 2000 (FOIA).

Heyday: why you're wrong to be relieved

The Heyday challenge to a state retirement age of 65 had its initial European judicial scrutiny and all the current uncertainty for employers is going to continue for a good while yet.

Decoding the code consultation

The Department for Communities and Local Government has launched a consultation looking at making further revisions to the Member Code of Conduct and introducing a new Code of Conduct for Officers.

Data handling guidelines for local government

Data security breaches can strike any type of organisation at any time. Many local authorities are now giving this area of compliance more scrutiny than in the past.

Planning and Energy Act 2008

The Planning and Energy Act received Royal Assent on the 13 November and came into force on the same date. The Act allows local councils in England and Wales to set reasonable requirements in their development plan documents.

Local Government Pension Scheme - Ill-health pensions

On 1 October 2008 the new Local Government Pension Scheme (LGPS) will have been in place for six months. One of the most debated aspects of the new LGPS has been the operation of the three-tier ill-health pension benefit.

The shining beacon

Those involved in high density city centre developments may face claims that the scheme infringes rights of light enjoyed by one or more adjoining owners.

Out with the old and in with the new? The Regulatory Enforcement and Sanctions Act 2008 - a summary for local authorities

Offshore electricity transmission - publication of draft tender regulations

The Department for Business Enterprise and Regulatory Reform has published a first draft of regulations containing the legal framework for the methodology for determining how and to whom offshore transmission licences will be granted.

Maternity leave and pension contributions

Rules covering non-cash benefits will change this year for pregnant employees with a childbirth expectance week of 5 October 2008 or later.

Everyone is created equal (but some are more equal than others). Latest developments in discrimination law

The courts and tribunals have been busy as ever, delivering decisions in discrimination cases.

NAO releases report on Department of Transport shared services

At the end of May, the National Audit Office (NOA) released its report on the much criticised Department for Transport (DfT) shared services agreement.

OGC ICT Services Model Agreement: mandatory security provisions from 1 July 2008

The Office of Government Commerce (OGC) issued version 2.2.1 of the OGC IT Services Model Contract on 1 July 2008, amending the security provisions in version 2.2 of the model contract.

Immigration update

Wragge & Co's legal experts bring you the latest immigration news.

New ICO guidance on local authority intra-departmental sharing of personal data

OGC Model ICT agreement: Version 2.2 - evolution not revolution

Version 2.2 of the Office of Government Commerce (OGC) model information and communications technology (ICT) services agreement and guidance was published on 30 May 2008.

Use of open source software in the public sector

On 19 May, OGCBuying.solutions announced that it was collaborating with BECTA, the government agency for the use of IT in education, to establish a new framework agreement for educational software licensing.

Local government update

At Wragge & Co we aim to add value through our experience and expertise to help you find solutions that suit your organisation. The following stories focus on some of the legal issues facing local government.

Is harassment the new workplace stress claim?

An individual claiming to have suffered personal injury as a result of workplace harassment has various potential claims against their employer - breach of contract, personal injury, discrimination and a claim under the Protection from Harassment Act 1997.

Corporate manslaughter

Local authorities will be more vulnerable to prosecution where their actions or omissions cause a death, under new Corporate Manslaughter and Corporate Homicide Act, which comes into force on 6 April 2008.

Unitary status - staffing

Now that parliamentary approval has been granted for new unitary authorities, the complex task of getting the new councils up and running is under way. With the new authorities taking on the reigns of power from April 2009, the timetable is tight.

Freedom of information

It has been a challenging year in the world of freedom of information, with failed attempts to exempt MPs from its ambit and revise the fees regulations. The Act is here to stay and it looks like it is about to dig even deeper.

Professional appointments

Local authority lawyers can have a bewildering variety of forms of professional appointments pass over their desks. How can they judge the comparative strength of appointments when they can differ so much in terms of structure, origin, length and drafting?

New regulations for construction and design professionals

The new Construction (Design and Management) Regulations 2007 have been introduced to raise the level of professional competence and accountability in public sector contracts.

Snooper's charter and privilege

Did you know the public can access your court documents including those lodged in judicial review proceedings or the Employment Tribunal?

All Change! The new-look LGPS

Despite Communities and Local Government's promises to have regulations a year in advance, the final form administration, benefit and transitional regulations were very late in coming.

Implementing the 2007 Local Government and Public Involvement in Health Act

The importance of establishing and maintaining good governance at a local level is highlighted in 'The Governance of Britain' green paper and the Local Government and Public Involvement in Health Act 2007.

Employment legislation diary - 2008 and beyond

LGPS: new ill-health pension benefits

It's reasonable to rely on the court's decision

LGPS governance compliance statements:draft guidance

Public sector: staff transfers and the Staff Transfers Pensions Direction 2007

CDM Regulations: compliance with mobilisation provisions

LGPS governance: finalised regulations

Freedom of information: an opportunity for LGPS contractors?

Freedom of information: what should authorities do?

A guide to successful outsourcing: Key Initial Issues