Public Sector Bulletin - September 2016

Monday, 19th September 2016

Abnormally Low Tenders?

We have recorded a series of short 5 minute public sector webinars, the first is on Abnormally Low Tenders - by Partner Elizabeth Gibson.

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Anti Oral variation clauses - not as they appear

After recent judgments on the topic, the Court of Appeal has confirmed that clauses stating that the terms of a contract can only be varied in writing (typically known as "anti-oral variations clauses") do not do exactly as they say on the tin:- contracts which include such a clause can in fact be varied orally.

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Data Protection
Freedom of Information Act

The Freedom of Information Act 2000 ("FOIA") provides the public access to information held by public authorities. There are however a number of points that one should consider when considering requests.

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Personal Injury
Highway Maintenance code to be reviewed

The code of practice for highway maintenance management is now more than 10 years old, it was brought out pre-credit crunch.

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Court of Appeal confirms 'Murfitt' principle

John Bosworth, partner at Ashfords LLP and Stephen Jefferson a solicitor at Ashfords LLP, consider the recent Court of Appeal judgment Kestrel Hydro v Secretary of State for Communities and Local Government, Spelthorne Borough Council [2016] EWCA Civ 784.

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Balancing commercial considerations and monetary value when complying with the statutory duty to secure the best price reasonably obtainable

The High Court has dismissed a governance and procurement challenge by Faraday Development Limited ("FDL") against West Berkshire District Council ("WBDC").

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Key Contact

Elizabeth Gibson

Partner and Head of Public Sector

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+44 (0)1392 333802

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