Regular opinion pieces on issues of interest to public sector lawyers from PLC Public Sector and leading commentators.

Archive for January, 2012

PLC Public Sector recommended actions for e-mail for week ending 25 January 2012

Friday, January 27th, 2012

PLC Public Sector reports: 

Make sure that you have not missed a key development in your area of the law by reviewing our latest list of recommended actions. (more…)

Top 10 public procurement cases of 2011

Wednesday, January 25th, 2012

PLC Public Sector reports: 

The days of the UK seeing one or two public procurement cases a year make it to court are [sadly/happily*] long gone, and we have already seen 2012’s first significant public procurement cases.  In this post, PLC Public Sector sets out its top ten public procurement cases of 2011.

 [*delete according to whether you are a public authority or a lawyer advising unsuccessful tenderers(more…)

PLC Public Sector recommended actions for e-mail for week ending 18 January 2012

Thursday, January 19th, 2012

PLC Public Sector reports: 

Make sure that you have not missed a key development in your area of the law by reviewing our latest list of recommended actions. (more…)

The rights and wrongs of the Scottish referendum debate

Wednesday, January 18th, 2012

Daniel Greenberg, PLC consultant:

Although both sides in the present clash over whether Scotland has the legal powers to hold an independent referendum on independence claim to have unequivocal legal advice supporting their position, the reality is that the issue is a finely-balanced point of statutory construction.

(more…)

Recommended actions for e-mail for week ending 11 January 2012

Thursday, January 12th, 2012

PLC Public Sector reports: 

Make sure that you have not missed a key development in your area of the law by reviewing our latest list of recommended actions. (more…)

The importance of complying with statutory procedures when suspending a school governor

Wednesday, January 11th, 2012

PLC Public Sector reports:

The decision of the High Court in  R (Kilroy) v Governing Body, Parrs Wood High School  is a useful reminder of the statutory framework governing the suspension of a school governor and the importance of complying with the procedure.

In this post, PLC Public Sector outlines the law that applies to any motion to suspend a school governor and highlights the key point arising from this case, that the technical requirements of the law must be fully observed.

(more…)

Recommended actions for e-mail for week ending 4 January 2012

Thursday, January 5th, 2012

PLC Public Sector reports: 

Make sure that you have not missed a key development in your area of the law by reviewing our latest list of recommended actions. (more…)

2012: the year of the public procurement Private Members’ Bill?

Wednesday, January 4th, 2012

PLC Public Sector reports:

With government support,  the Public Services (Social Value) Bill 2011, a Private Members’ Bill that will require authorities to consider the economic, social and environmental well-being of their area when undertaking public procurements, has attracted the interest of many commentators.  It should make it on to the statute book in 2012, although the cost of government support has been that the original proposals of the Bill have watered down to such an extent that the actual impact of the Bill may not be very significant (beyond one or two very expensive court cases about exactly what the new duties under it actually are).

2012 has already seen a second Private Members’ Bill concerning public procurement make it into print,  the Apprenticeships and Skills (Public Procurement Contracts) Bill 2011, which is due to have its second reading on 20 January 2012.  While there is no indication that this Bill will receive the support necessary to make it beyond this stage, the Bill does (as currently drafted)  include certain specific requirements that would impact on the way that public contracts are let and then run.

(more…)