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local government

A number of you might have been following the recent pilot scheme run by South Cambridgeshire District Council who have introduced, on a trial basis, a 4 day working week. We understand that staff performance requirements have been maintained and the Council is still open for public queries on Friday. The Minister, Lee Rowley, has […]

In recent years a number of court decisions have affected holiday pay entitlement and calculations. We are still awaiting the outcome of the Government consultation seeking to reverse the Supreme Court’s decision in Harpur Trust v Brazel, which held that the holiday entitlement for part-year workers cannot be pro-rated and that the standard 12.07% method […]

The Department for Levelling Up, Housing and Communities (DLUHC) announced on 4 July 2023 that it is establishing the Office for Local Government (Oflog). To support the creation of Oflog, DLUHC issued new draft guidance on the “Best Value” Duty and opened consultation[1] on what indicators should be prioritised in informing engagement with local authorities […]

The main power at a local authority’s disposal to sell land is found in section 123 Local Government Act 1972. The power provides that a local authority may dispose of land in any way that it wishes subject to the requirement that if the disposal is of freehold land or by way of lease for […]

The Durham Company Limited (trading as Max Recycle) v Durham County Council [2023] CAT 50 Why is this case important? This case is important as the first Competition Appeal Tribunal (CAT) decision to consider the Subsidy Control Act 2022 and demonstrates how the Subsidy Control Act 2022 (whether intended or not) departs from State Aid, […]

Kirstin Roberts, Director, Freeths Clean Energy, Waste & Sustainability team, recently attended a day at CIWM Resourcing the Future and was lucky enough to chair the Workshop on “Consistency: Looking at the Procurement Challenge: What procurement challenges will be posed to Local Authorities when consistent collections are rolled out?” Whenever public sector bodies let contracts […]

The ICO are to prioritise complaints made against public authorities under the Freedom of Information Act 2000 (FOIA) and Environmental Information Regulations 2004 (EIRs), which have a significant public interest following their consultation on prioritisation in November 2022. The decision was announced at the end of March 2023 following the consultation in November, where the […]

As many will be aware, we are awaiting a new set of Procurement Regulations which, following Brexit, is stated by the Government to “Help deliver the Prime Minister’s promise to grow the economy by creating a simpler and more transparent system that will deliver better value for money, reducing costs for business and the public […]

We recently attended and Partner, Stephen Pearson spoke at the Association of University Legal Practitioners conference (AULP) at Newcastle. Universities and other Public Bodies such as Local Authorities shared a lot of features although they are not the same. For example the Public Procurement and Subsidy Control Regime apply to both, although historically some have […]

R (on the application of Day) v Shropshire Council case In this case, the Supreme Court ruled that a buyer who had acquired land for development from Shrewsbury Town Council had acquired it subject to statutory trusts imposed by the Open Spaces Act 1906. The Council had failed to adhere to the disposal procedure relating […]

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