Welcome to the December edition of Local Government Matters.
Welcome to the final edition of Trowers Local Government Matters of 2023.
As ever we have a packed edition including local government case law summaries from Wolverhampton City Council on newcomer injunctions and Dudley Metropolitan Council on secure tenancies, further articles on managing energy from waste projects, building safety and the recent procurement PPNs.
We also feature all of our Governance Podcasts with Professor Catherine Staite and our Regeneration Masterclass Webinars, with the latter featuring advice and tips on each aspect of a local government regeneration project.
As we gear up to support our local government colleagues on preparing for the Procurement Act, our National Head of Procurement Rebecca Rees introduces our Procurement On Demand Series and our upcoming procurement training support packages.
We wish all our colleagues in the sector all the best and look forward to supporting you in 2024!
List of articles:
Local Authority Governance Week – a round up
Local Authority Governance week examined what good governance looks like for local authorities and the lessons that can be learnt from the various public interest reports, the recent spate of s114s and associated commissioner interventions, as well as research commissioned with think tanks and academics into the topic.
Supreme Court rules on newcomer injunctions
In Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] the Supreme Court has determined whether a court has the power to grant a "newcomer injunction", which binds persons who are not identifiable at the time when the order is granted and who have not at that time infringed or threatened to infringe the Claimant's rights, but may do so at a later date.
The energy from waste market and contracting tips for energy from waste projects
As the saying goes - one person's rubbish is another's treasure. Never has this been truer in the energy from waste industry.
PPN 10/23: Taking account of a bidder’s approach to payment in the procurement of major contracts
In the Autumn Statement 2023 the Chancellor said that "the Government will lead by example in introducing more stringent payment time requirements for firms bidding for large government contracts".
Lawyers in Local Government Procurement Act 2023
The procurement team have recently delivered training to Lawyers in Local Government on procurement reform and the upcoming legislative changes under the Procurement Act 2023. Click below to find out more and watch the webinar recording.
Dudley Metropolitan Borough Council v Mailley [2023] EWCA Civ 1246
The Court of Appeal has recently confirmed the lawfulness of the rule which prevents a secure tenancy from being inherited where the tenant has been permanently moved to a care home and lacks capacity to assign the tenancy.
What is in the government's Back to Work Plan?
The government's new Back to Work Plan (announced on 16 November) was given funding in the Chancellor of the Exchequer's Autumn Statement on 22 November. In this article Danielle Ingham and Anna Scott analyse the key measures in the plan.
Work-related stress can be a disability without a medical diagnosis
In a further update from Trowers Employment and Pensions team, we examine a recent tribunal preliminary hearing in Philipps v Aneurin Bevan. The judgement concluded that work-related stress can be a disability without a medical diagnosis.
Building Safety Act and dispensation
We take a closer look at this landmark ruling by the Upper Tribunal on the retrospective effect of Schedule 8 of the Building Safety Act 2022. The decision addresses dispensation from service charge consultation requirements and provides crucial insights for future applications in building safety remediation costs.
Local authority Regeneration Masterclass series
Our Local Authority Regeneration Masterclass series explores all legal aspects of the regeneration projects, including how to avoid failures, so that you have a better chance of making your scheme a success. There is still time to sign up for the remaining webinars and you can also watch previous webinars in the full series library.
Decarbonising heat and power: The role of Geothermal Energy
James Hudson and Megan Coulton in our Projects and Construction team examine the role of Geothermal Energy in decarbonising heat and power to meet the UK's commitment of Net Zero greenhouse gas emissions by 2050.
Procurement on Demand
The Procurement Act 2023 received Royal Assent on 26 October 2023: the culmination of a long and exhilarating journey through post-Brexit aspiration, policy and practicalities. Watch the first Procurement on Demand bitesized video (POD bites) to get an overview of the Procurement Act 2023.
