Legal insights, news and events from DWF's Government and Public Sector team delivered monthly to your inbox.
DWF monthly insight:
The Procurement Act 2023 - Legislative Update on Commencement: the UK Parliamentary Secretary for the Cabinet Office announced on 12 September that the commencement of the main operative provisions of the Procurement Act 2023 was to be delayed until 24 February 2024. In this article, we discuss the secondary legislation to give effect to this which has now been made, and how it provides contracting authorities with some certainty as to this date. View >
Great British Nuclear - One Year On: in this article, we consider the progression made by Great British Nuclear in its first year, how it is transforming the UK’s energy landscape with strategic investments and innovative technologies and how it is paving the way for a sustainable, net-zero future. View >
Government Legal Risk Matrix Updated: the Attorney General’s Legal Risk Guidance is a core document for lawyers advising on public sector matters because it sets out how to identify, assess, and manage legal risks as part of the decision-making process. In this article, we discuss the new Labour government’s revision to this guidance, including changes to some of its categories and an emphasis on the importance of the rule of law. View >
Anti-Bullying Week - EAT upholds Employment Tribunal decision that calling a male colleague "bald" did amount to harassment related to sex: in this article, we consider the recent Employment Appeal Tribunal case of Finn v British Bung Manufacturing Company, a case which demonstrates that "bullying" is much more nuanced than the typical playground behaviour we would usually expect. The case highlights that hurtful comments about a person's personal appearance can be incredibly risky for employers, in a climate where the defence of "banter" is becoming increasingly unsuccessful. View >
Budget 2024 - Private Capital Update: the Chancellor of the Exchequer, Rachel Reeves', delivered the first Budget under the new Labour Government on 30 October 2024. In this article, we explore how it turned out to be interesting and wide-ranging, covering many taxes that were not set out in Labour's manifesto promises and pledges. View >
Budget 2024 - Venture Capital Update: in this article, the Tax team at DWF has reviewed the key issues for venture capital following the Chancellor of the Exchequer's announcement of the new UK Government's first Budget. View >
The Court of Appeal's judgment in this case was handed down on 25 October 2024. This case involved three combined appeals concerning the disclosure of commission paid to motor dealers by lenders for arranging finance agreements for car buyers. The appeals also addressed the duties owed by motor dealers when effecting such introductions.
The judgment has significant implications beyond regulated motor finance, applying to all intermediated credit where a commission is paid to a broker and the customer is not informed of the amount and explicitly consents to it. The findings were unexpected by the finance industry and were delivered in the context of the Financial Conduct Authority’s (FCA’s) work on a potential redress scheme for failings in the use of Discretionary Commission Arrangements (DCAs). The FCA’s findings have been put on hold until December 2025 due to ongoing litigation on similar points.
Both MotoNovo and Close Brothers have stated their intention to seek permission to appeal to the Supreme Court.
To read about the key findings, implications and practical considers for firms, read our article here.
Legislation:
Public Procurement (Scotland): The Public Procurement (International Trade Agreements) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/332). View >
Sanctions and Anti-Money Laundering (UK): The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157). View >
Levelling-up & Regeneration (England and Wales): The Levelling-up and Regeneration Act 2023 (Commencement No. 6) Regulations 2024 (S.I. 2024/1138 (C.75)). View >
Pensions (England, Wales and Scotland): The Pensions Act 2004 (Code of Practice) (Defined Benefit Funding) Appointed Day Order 2024 (S.I. 2024/1143). View >
Planning (England): The Local Authorities (Rental Auctions) (England) and Town and Country Planning (General Permitted Development) (Amendment) Regulations 2024 (S.I. 2024/1139). View >
Local Loans (UK): The Local Loans (Increase of Limit) Order 2024 (S.I.2024/1201). View >
Other News:
Cabinet Office: announces a new Laboratory for AI Security Research at NATO Cyber Defence Conference. View >
Department for Culture, Media and Sport: announces that young people will be invited to be part of a national conversation to help co-produce the new National Youth Strategy to unlock opportunities in every community. View >
Department for Culture, Media and Sport: announces the allocation of £350 million of dormant assets funding equally across the four English named causes under the Dormant Assets Scheme. View >
Department for Energy Security and Net Zero: announces the new climate goals at COP29, including reducing emissions by 81% by 2035, as Prime Minister calls on other countries to bring forward ambitious targets. View >
Ministry of Housing, Communities and Local Government: announces that high streets are due to be revitalised with new legal powers. High Street Rental Auctions will give businesses and community groups a 'right to rent' long-neglected town-centre commercial properties. View >
Sector Events:
Over the past three years our Public Sector team have developed and delivered anextensive webinar series, covering current happenings and legislation updates in the industry, as well as ongoing topics of interest.
Please click here to view our series for 2025 and register for any webinars that you would be interested in attending. We hope you can join us!
Look out for details of our upcoming webinars and events:
Defending and bringing proceedings under the Procurement Act 2023 – 21 January 2025
This webinar will cover the key litigation changes arising from the introduction of the 2023 Act. It will provide practical advice on what are likely to be the main areas of challenge and how to bring proceedings and defend them. It will set out the remedies available to economic operators following a breach of the 2023 Act and the time limits for bringing proceedings.
Review of the Subsidy Control Act two years in – 23 January 2025
This webinar will cover what has worked well, how have public authorities adapted to best effect to navigate the new regime, and what is ripe for reconsideration.
Procurement Act 2023 – what does it mean for Scotland? – 30 January 2025
The Procurement Act 2023 will come into force in February 2025 and will apply to contracting authorities in England and Wales, as well as cross-border contracting authorities in Scotland. In this session, we will provide an overview of the new Procurement Act 2023 and look at what it will mean for contracting authorities in Scotland and for suppliers to the Scottish public sector.
Labour's Plan to Make Work Pay set out extensive employment law reform and, with the new government now in place, we can expect to start seeing change come through on an unprecedented scale. In this webinar, we discussed the changes on the horizon and what employers can do now to prepare.
Real Estate Occupier Insights: the next generation of green lease clauses
In this webinar, our specialist team shared their thoughts on the next generation of green lease clauses. This webinar offered valuable insights into the benefits and implementation of green clauses in leases, as well as an in-depth look at the Better Partnership toolkit. Our experts shared their views and experiences from both a landlord and tenant perspective on how to ensure green clauses are meaningful, and can assist landlords and tenants to achieve their ESG objectives.
How the public sector can improve the performance of its existing (and future) entertainment and cultural assets
In this webinar, DWF with IPW (the leading commercial advisers to Contracting Authorities in this sector) discussed how to develop new cultural and entertainment venues, invest in existing venues to improve performance and how to maximise visitor numbers and income through partnering with world class operators.
An employment law guide to navigating and embracing neurodiversity in the workplace
This webinar delivered a practical guide on how to embrace neurodiversity in the workplace. We provided an overview of what neurodiversity is and why it is important to businesses, and discussed the practical steps that employers can take to implement policies and practices that will support neurodiverse workers.
Meet the team – Christopher White
Chris is an energy and infrastructure lawyer, specialising in nuclear energy, with significant experience across nuclear new build, nuclear regulation and the international nuclear fuel cycle, both in private practice and across the nuclear industry:
Chris was previously Director of External Affairs at U-Battery, and Head of Legal & Company Secretary at EDF’s nuclear business in the UK.
Chris served as Chair of the World Nuclear Association’s Law Group and co-Chair of the Nuclear Industry Association’s Legal & Financial Affairs Working Group in the UK. And, more recent experience includes enabling and financing of advanced nuclear technology and fuel, for next generation advanced reactors.
Chris also has detailed experience of nuclear insurance having run the global insurance and nuclear insurance for Urenco Group from 2006-2010. Having served as a NED on the Board of Directors of EDF Captive Insurance Company in Guernsey from 2010-2012. Having managed U-Battery (ANT) relationship with Lloyds Insurance market, Marsh, Nuclear Risk Insurers and Northcourt from 2008-2013.
Chris has recent experience of obtaining grant funding for advanced nuclear start-ups, international stakeholder engagement, legal aspects of licensing, permitting, planning and consenting, for U-Battery high temperature gas-cooled reactor project in the UK and Canada. Chris also has experience managing the internal/external legal support for large and complex nuclear new build projects, including successful application for new nuclear site license, application for Development Consent Orders, CFD, procurement and construction contracts for Hinkley Point C.
Chris also provides strategic legal, governance and commercial advice to senior lead teams on permitting & consenting, and risk of challenge (including regulatory justification – judicial review, state aid and public procurement).
Christopher White
Legal Director and Head of Nuclear (UK), Commercial and Energy
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