Public Sector Bulletin - September 2016

Webinar
Abnormally Low Tenders?

We have recorded a series of short 5 minute public sector webinars, the first is on Abnormally Low Tenders

Construction
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.

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.

Click here to read more...

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.

Click here to read more...

Planning
Court of Appeal confirms 'Murfitt' principle

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.

Click here to read more...

Projects
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").

Click here to read more...