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Latest legal updates

Procuring service concession contracts

Following our previous blog, in this instalment, we will examine the consequences of a contract falling within the definition of a concession. One of these consequences, which sets a maximum length for concession contracts, is particularly severe.

Quarterly Housing Update Spring 2016

Welcome to the spring edition of Quarterly Housing Update.

Housing Litigation Update Spring 2016

Welcome to the spring 2016 edition of Housing Litigation Update

General Practice Forward View - an insight

On 21 April 2016 NHS England launched a "General Practice Forward View". This follows on from the Five Year Forward View launched by the NHS England Chief Executive, Simon Stephens, in October 2014, which set out a new shared vision for the future of the NHS based around new models of care.

What is a valid payment application under an interim payment regime?

A recent case debated the issue of whether a contractor’s valuation sent by email constituted a valid interim payment application under the contract – providing an important lesson for others.

Brexit: risks and considerations for UK businesses

The question which will be posed in the referendum to the UK electorate on 23 June 2016 is "should the United Kingdom remain a member of the European Union?"

Brexit: the implications for employment law?

23 June is the date for the UK's referendum on whether to leave the EU. From the current furore raging in the press and among politicians it's clear that the issue is an emotive one.

Mind the insurance gap

JCT’s attempts to simplify construction insurance still has its limitations.

Boundaries โ€“ Where does one draw the line?

One of the most common questions we are asked by purchasers is "Where precisely is the boundary and who owns it?" There is usually no easy answer meaning that neighbour disputes arise quite frequently. There are certain processes to go through and the answer at the end may still be unclear.

Employer not allowed to unilaterally change terms of staff handbook

The Court of Appeal has held in Sparks v Department for Transport that the Department for Transport was not entitled to unilaterally change the terms of its staff handbook when these terms had been incorporated into employees' contracts of employment.

Pay now, argue later’ still stands its ground

In a recent decision of the Technology and Construction Court, we are reminded of the Court's reluctance to interfere with an adjudicator's decision.

Service concession contract or public service contract?

This is the first of two blogs about the new procurement rules for concession contracts.  The Concession Contracts Regulations 2016 will come into force in England and Wales on 18 April 2016, with the compulsory transposition of the Concessions Directive (2014/23/EU).

Arbitration: Full disclosure needed at appointment stage

The integrity of tribunals and their appointment has become more difficult to police as the volume of proceedings has risen – but it’s vital to uphold proper procedure and conduct at all times.

HR Law - April 2016

Welcome to the April 2016 edition of HR Law

Planning reforms give developers some bite to go with their bark

Planning reforms give developers some bite to go down with their bark.

Added Value in Leisure Outsourcing

Changes to the procurement regime brought in by the Public Contracts Regulations 2015 are having a big impact on the delivery of leisure facilities by local authorities.

PSC Regulations - implications for RPs

All UK companies and UK LLPs will have to keep a PSC Register, so RPs that are incorporated as a company will be required to keep a PSC register.

Gearing up for the General Data Protection Regulation: What you need to know โ€”โ€” March 2016

The law in relation to the processing of data is to be subject to a major overhaul as agreement has finally been reached in Europe on changes necessary to reflect the way we live and work in the 21st century.

Procurement of Social Care Services

The procurement of social care services falls within section 7 of the Public Contracts Regulations 2015 ("PCR 2015") and as such contracting authorities have flexibility over the manner in which they go out to tender for such services. All contracting authorities should comply with section 76 of the PCR 2015 and ensure that the procurement process complies with the principles of transparency and equal treatment of economic operators.

Sustainable living

The energy efficiency elements of the Budget and what they mean for housing associations.

Rent reduction - The last bits of the jigsaw

Last week the Welfare Reform and Work Bill became an Act, the rent reduction provisions (or most of them) were brought into force and the Social Housing Rents (Exceptions and Miscellaneous Provisions) Regulations 2016 were laid before Parliament, so it all does take effect as expected on 1 April 2016.

CoStar: MIPIM 2016: New guideline for property values launched

Highly valued, hard to value

Travel time and the National Minimum Wage

As some of you may have seen there have been reports this week of a settled case involving a care provider's failure to pay the national minimum wage (NMW) for travel time between service users. This case is a particularly pertinent one given the additional financial liabilities that care providers will face with the introduction of the national living wage (NLW) on 1 April 2016.

Highly Valued, Hard to Value - Towards and integrated measurement of real estate development

New research by Trowers & Hamlins’ reveals need for “placemaking valuation” in real restate

March 2016 Budget - Issues for Local Authorities

Head of public sector commercial, James Hawkins, comments on the Budget 2016 which was announced today.

Quarterly Commercial Update Winter 2015/16

Welcome to the winter edition of Quarterly Commercial Update.

NEC: Start at the beginning

A new clause in the NEC3 Engineering and Construction Contract encourages earlier contractor involvement on projects and heralds a sea change in the employer/contractor relationship.

Housing Matters - March 2016

Welcome to the March edition of Housing Matters.

Thinking Real Estate Issue 2

Welcome to the latest edition of Thinking Real Estate, our publication covering current and thought provoking topics from across the global real estate market.

Time and tide wait for no man

Recent exceptional rainfall and the resultant flooding have highlighted the importance for property owners of securing adequate insurance cover, or, in its absence, some other means of managing the risk of flooding.

Friends without benefits

When does a favour to a neighbour carry a duty of care?

HR Law - March 2016

Welcome to the March 2016 edition of HR Law

Analysis: is affordable housing a natural home for LA pension funds?

David Blackman asks why local government pension funds have been slow to invest in affordable housing.

Achieving outcomes through innovation follow up

Our key learning points from the annual public sector conference are now available.

BIM bytes: BIM and JCT contracts in practice

Earlier this year, the Joint Contracts Tribunal issued its “Building Information Modelling (BIM) Collaborative and Integrated Team Working” practice note “to assist in providing an understanding of BIM to those who may be new to or unfamiliar with the concept”.

The EAT confirms that commission payments must be included when calculating holiday pay

The Employment Appeal Tribunal (EAT) has confirmed in Lock v British Gas Trading Limited and others that the Working Time Regulations (WTR) can be interpreted in line with the Working Time Directive (WTD) which requires commission to be taken into account when calculating holiday pay.

Right to privacy, DBS checks and personal communications in the workplace

There have been a couple of interesting decisions recently involving a consideration of whether the right to respect for an individual's private and family life, their home and correspondence under Article 8 of the European Convention on Human Rights and Fundamental Freedoms has been breached by the State.

Risky Business

The housing sector is increasingly turning to the EU Open Procedure to procure R&M contracts. But does this leave the process open to challenges from disgruntled bidders?

Disputes at work: Think hard before a trip to the tribunal

Seeking redress at the employment tribunal can take a lot of time and energy, and could damage your future career

Commission must be included in holiday pay

The Employment Appeal Tribunal (EAT) has confirmed that commission must be included in the calculation of holiday pay.