Cheshire East

Waste is only waste if we waste it*

Michael Mousdale examines the measures in relation to waste enforcement and regulation set out in Part 3 of the Environment Act 2021 and assesses their impact on local authorities. Read more
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  NEWS

Jan 17, 2022

Leeds appoints Pinsents to advise on major infrastructure and housing development

Leeds City Council has appointed Pinsent Masons to a two-year contract worth an estimated £200,000 to provide legal advice on two of the largest infrastructure schemes in the city for decades.
Jan 13, 2022

Ombudsman expresses concern at "flawed decisions" by London borough on Covid business grants

A decision by Camden Council's to refuse Covid business grants to two businesses over incorrect ratepayer records at the local authority was wrong, an investigation from the Local Government and Social Care Ombudsman has found.
Jan 12, 2022

Good Law Project ends judicial review challenge over Levelling Up Fund

The Good Law Project has withdrawn its judicial review challenge over the multi-billion pound “Levelling Up Fund”.
Jan 11, 2022

TLT bolsters public sector practice with technology partner hire

TLT has strengthened its public sector team with the appointment of Gemma Townley as a partner in its technology, IP and data team.
Dec 16, 2021

City council bids to retain £50m annual grant for highways PFI

Birmingham City Council is to try to persuade the Department for Transport (DfT) to keep alive a £50.31m annual grant linked to a controversial highways private finance initiative (PFI) contract.
Dec 06, 2021

Government to press ahead with procurement reforms but new regime unlikely to come into force until 2023 “at the earliest”

The Cabinet Office has published the Government’s much-anticipated response to its Transforming Public Procurement consultation, claiming that overall levels of support for its reforms were high.
Dec 03, 2021

Tidal lagoon developer did not begin works on time set by development consent order, High Court finds

A long-planned scheme to build a tidal energy lagoon in Swansea has had a further setback after the developer's request to declare it had begun work on the project in time, and the relevant development consent order (DCO) was therefore extant, has been rejected by the High Court.
Nov 15, 2021

Council launches judicial review bid over routeing of lorries to HS2 construction sites

Buckinghamshire Council has issued judicial review proceedings against decisions made by the Planning Inspector relating to lorry routes through the county used in the construction of HS2.
Nov 03, 2021

Local authority ordered to pay more than £800,000 to waste business in contract dispute

Buckinghamshire Council must pay waste contractor FCC £812,633, the Technology and Construction Court has ruled.
Oct 26, 2021

Law firm acts for city council on 20-year digital infrastructure partnership

Law firm Bevan Brittan has advised Sunderland City Council on a 20-year strategic partnership to design, build and operate next generation digital infrastructure.
Oct 25, 2021

Cabinet Office issues policy note on payment in procurement of major government contracts

The Cabinet Office has issued an updated procurement policy note on taking account of a bidder’s approach to payment in the procurement of major government contracts.

  FEATURES AND ANALYSIS

December 22, 2021

Have you gotta have faith?

Scott Mounfield explores the concept of good faith in the context of construction contracts for public bodies, and what the recent decision in Van Oord Ltd v Dragados Ltd does for this area of law.
December 16, 2021

JCT Dispute Adjudication Board Rules: a case of “three’s a crowd”?

Peter Jansen who specialises in construction law and dispute resolution, examines the roles and functions of the JCT’s Dispute Adjudication Board and highlights some key considerations for parties planning to adopt the Rules in their JCT contracts.
December 10, 2021

Why the revised Prudential Code matters to monitoring officers

Monitoring officers need to make sure they are fully aware of the changes being introduced through the revised 2022 Prudential Code for Capital Finance in Local Authorities, writes Paul Feild.
December 09, 2021

Consultation on the Electronic Communications Code – What’s Changing?

Lillee Reid-Hunt outlines the legislative changes to the Electronic Communications Code.
December 02, 2021

Rocking aground the Christmas tree

Clare Mendelle and George Dale discuss and solve a common construction scenario, looking at the position under the Contract, and how the Employer should deal with the Contractor's request.
November 19, 2021

JCT 101: Time and Punishment

Rachel Murray-Smith, Clare Mendelle and Laura Campbell discuss a common Construction scenario regarding the Practical Completion of a project, and the position under the unamended JCT DB 2016.
November 12, 2021

The LADs are Alright

Laura Campbell discusses liquidated damages in construction contracts, focussing upon the long-running Triple Point saga which ended in the Supreme Court this year.
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  MORE 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.
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.

  MORE FEATURES

November 12, 2021

The transition from LIBOR to SONIA

The Infrastructure and Projects Authority (IPA) has now published further guidance in relation to the move from LIBOR for public authorities engaged in PFI projects (IPA Guidance). David Moore, Colin McConaghy and David Hutton summarise what it means for local authorities.
October 29, 2021

Jumping to conclusions: Final Statements, liquidated damages and material breaches of natural justice

Michael Comba looks at a recent Technology and Construction Court case that provides useful guidance on the JCT’s procedural requirements on disputing Final Statements.
October 22, 2021

Bond, Performance Bond. Delivering value for the Public Sector?

Justin Mendelle examines whether public sector clients achieve value for money from the provision of performance bonds.
October 22, 2021

Build Back Greener: the Government's net zero strategy

The Government has published its environmental strategy outlining bold plans to support the UK economy to transition to a green and sustainable future, just days before it hosts the 2021 United Nations Climate Change Conference in Glasgow. Jonathan Branton and Alexander Rose consider some of the main points within the Net Zero Strategy, including how it could help position the UK as a leading…
October 15, 2021

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.
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.
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.
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