Brent London Borough Council v Risk Management Partners Ltd [2009] EWCA Civ 490; [2011] UKSC 7 – Law Journals

Services: When ‘in-house’ ends up in the outhouse

Alexandra Cross and Al Goodwin review recent developments in shared services arrangements ‘The ECJ has recently distinguished particular aspects of the conditions which trigger the application of public sector “in-house” exemptions in the case of Piepenbrock.’Public sector shared services arrangements are nothing new – in the local authority sector alone, the Local Government Association has …

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Regulation: Wishing well

Martin Vincent examines exemption from the Public Contracts Regulations To benefit from the Teckal exception, a contracting authority must control the contractor to a degree that is similar to that which it exercises over its own departments.’There is seemingly a lot of confusion out there regarding contracts between contracting authorities and whether they are exempt …

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Services: One for me, none for you…

Jonathan Parker discusses the use of shared services It appears that plans set out in Civil Service Reform Plan of June 2012 that shared services “become the norm” will be welcome relief to some. Unfortunately, proposed changes to the EU procurement regime may complicate the realisation of these aims.Shared services are similar to a collaboration …

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Legislation: Top ten changes

Joanne McDowall reviews the new UK procurement regulations ‘The administrative burden on all parties may reduce significantly as a result of provisions designed to reduce the documentation requirements of procurement processes.’During the course of the next couple of years we will have yet another new set of procurement regulations in the UK, this time in …

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Legislation: Don’t rule it out!

Catherine Wolfenden and Jorren Knibbe look at the applicability of procurement rules to joint ventures with public authorities ‘HM Treasury’s March 2010 guidance note on joint ventures provides only very limited information to public sector bodies on the application of the procurement rules.’Do the procurement rules apply? A question that should be easy to answer, …

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Framework Agreements: Can’t get over it

Robert Rooney examines the lessons to be learned from Henry Brothers v Department of Education for Northern Ireland ‘It is interesting to note that the Court of Appeal’s judgment in the case considered in this article, makes a less adventurous contribution to the debates opened by the first instance decision.’In 2008, the Belfast High Court …

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Government: Power to the people

Angus Walker looks at the likely shape of the Localism Act ‘The result of a referendum is not binding on an authority, however, as the government favours “representative democracy” over “participative democracy”.’The Localism Bill promises to shake up local government and the planning system through a raft of changes under the umbrella of ‘localism’ or …

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