United Kingdom – England and Wales
Department for Transport
We acted for the Department for Transport rail franchising team in the 2019 Rail Franchising Litigation on all matters relating to conduct of the litigation including in respect of discrete areas of public law such as the application of parliamentary privilege in the context of the DfT’s disclosure obligations.
We act as solicitors to the Magnox Inquiry established to review the conduct by the NDA of the failed procurement of Magnox decommissioning services and the ensuing cancellation of contract. We work alongside GLD to advise on public law and public procurement matters.
Department for Transport
We worked with the Department for Transport commercial team on all legal challenge/risk and public law issues relating to the DfT’s internal review of the Report by the Airports Commission into Airport Capacity in the South East. This included advising on the reintegration of the DfT’s staff from the Commission into the DfT, the roles and responsibilities of different staff in terms of the review process, liaison with the former members of the Commission, engagement with the scheme promoters, correspondence with potential scheme opponents and subsequent scrutiny. Assisting with potentially contentious and sensitive issues in relation to the DfT’s review and decision-making processes, in connection with the taking forward of the Airport Commission's recommendations and conclusions.
Independent Parliamentary Standards Authority
We advise IPSA on a wide range of discrete public law matters including, for example, in respect of statutory interpretation and public law consultation requirements.
Transport for Greater Manchester and the Greater Manchester Combined Authority
We work with Transport for Greater Manchester and the Greater Manchester Combined Authority on all procedural and legal challenge-related issues concerning the development of a proposed bus franchising scheme for the Greater Manchester area. This includes advising on all governance and legal risk issues relating to the development of the scheme, consultation on the scheme and progressing the scheme to implementation by the GMCA.
We worked with the Open Water programme (DEFRA, OFWAT and the appointed Market Operator) in connection with the drafting of the statutory and regulatory framework for the opening up to competition of the retail water market in England and Wales. We supported on all legal aspects of the programme in its preparation to open in 2017 as the world's largest retail water market valued at over GBP2.5 billion. We have drafted over 1,000 pages of statutory and regulatory documents working closely with OFWAT and DEFRA and have advised on related matters, such as those concerning competition law.
Institute for Apprenticeships and Technical Education
We have advised the Institute on the scope of their statutory functions and powers in the context of agreeing a memorandum of understanding with Ofqual regarding the approval and regulation of the new Technical Qualifications. We have also advised on the scope and conduct of an appeal (brought under the Institute's own appeal process) against the Institute's advice to the Department for Education in relation to the funding bands for particular apprenticeship standards.
Natural Environment Research Council
Advising the Natural Environment Research Council on public, charities and commercial law considerations in relation to the potential arm's length establishment of independent research centres. This involved consideration of the original Royal Charter and of the Science and Technology Act 1965.
Wellington City Council
DLA Piper New Zealand act for the Council in relation to all judicial review proceedings including those challenging decisions made under the Resource Management Act and the Local Government Act.
Wellington Regional Council
DLA Piper New Zealand acted for Greater Wellington Regional Council in a two-stage public tender process for the sale of forestry cutting rights for 60 years. This was one of the largest open market New Zealand forestry transactions in recent years and the rights gave access to Wellington Regional Council's 5430-hectare forestry estate near Wellington and in the Wairarapa. As a public entity, good public sector procurement practice was of paramount importance to our client.
New Zealand Fire Service
DLA Piper New Zealand acted in a successful application for leave to the Supreme Court over the proper interpretation of the levy provisions of the Fire Service Act 1975. After leave was granted we prepared the matter for the substantive hearing and provided junior counsel. The proceedings are a test case, which have significant implications for the amount of levy that is payable by insurance companies.
Trustees Executors Ltd
This matter concerned the ability of the Official Assignee to claim an interest in the KiwiSaver accounts of bankrupt members and, if so, the ability of the Official Assignee to claim that interest through an early withdrawal payment. These issues arise as a result of inconsistences between the KiwiSaver Act 2006 and the Insolvency Act 2006. The proceedings are a test case. The have implications for the way in which KiwiSaver providers can hold accounts on behalf of bankrupt members.
DLA Piper New Zealand advised Public Trust on the impact of the Non-Bank Deposit Takers Act and Financial Markets Conduct Act on the common fund a statutory fund established under the Public Trust Act. This was novel and unique to Public Trust and involved negotiating exemptions from these Acts with Treasury and the Reserve Bank. It was a significant issue for Public Trust and an excellent outcome.