DWF has a dedicated Public Sector Group including lawyers with proven excellence in the sector that care passionately about the area and understand key considerations that differentiate working for a public sector organisation from working for the private sector:
• Public sector departments operate within a strict regulatory framework. In acting for you, we understand that we in turn must adopt that framework, and preserve the integrity and reputation of our clients.
• We understand that the public sector and their agents must at all times act and be seen to act towards the public and third parties in an even handed manner; in particular in relation to public policy and politically sensitive issues. You must be seen to be performing your duties to the highest standard and acting in the best interests of the public.
• We recognise that we must assist our public sector clients in performing their obligations under the Freedom of Information Act 2000, the Data Protection Act 1998, and the Human Rights Act 1998, together with other relevant legislation including OGC and OJEU requirements and public procurement requirements.
• All public sector entities will be concerned to protect the public purse and not to make payments without good reason. We will use our general experience of working with other commercial/public sector clients to help you to develop a sound and cost effective approach to the handling of any transaction or litigation.
Our Public Sector clients and experience includes acting for:
30 Local Authorities across the UK from Warrington Borough Council to Brighton & Hove City Council, including our recent appointments to Walsall Council and the West Yorkshire Legal Panel to advise the City of Bradford Metropolitan District Council, the Borough Council of Calderdale, the Council of the Borough of Kirklees and Wakefield Metropolitan District Council on a range of issues, including major regeneration projects, strategy planning advice, joint ventures and partnerships, construction disputes, commercial and IT contracts and litigation, judicial reviews, insurance claims and employment litigation and assisting our clients with the recovery of Council tax, service charges, housing benefit overpayments and other sundry debts.
Arms Length Management Organisations – advising on major implementations of financial and housing systems.
Serious Organised Crime Agency (SOCA), Metropolitan Police Service and other regional police forces – litigation advice in relation to malfeasance (assault, false imprisonment, malicious prosecution, trespass to land/goods, malicious procurement of arrest/search warrants, conversion, negligence, conspiracy and civil claims under the Race Relations Act) and personal injury matters.
North West Development Agency – corporate and contentious property/planning litigation.
NHS – procurement projects and litigation. We also have wide ranging experience of LIFT in the health sector including Bradford, Liverpool, Doncaster and Leeds LIFT schemes, acting for both the Primary Care Trusts as well as for GPs.
We are currently advising on the setting up of several NHS poly-clinics and the provision of 'Darzi' services through the Primary Care sector.
We also have a range of experience in acting for clients in the third sector including
charities and
charitable trusts, such as Turning Point, Groundwork, Genesis and Barnardos. We are therefore aware of the obligations many public sector organisations face under POVA and their reporting requirements to organisations such as CSCI and Housing Associations.
Members of our team have acted for a number of public bodies in relation to
outsourcing contracts, transactional and
litigation support including the Treasury Solicitor, DEFRA, Department for Work & Pensions, Department of Health, The Audit Commission, Post Office, Merseyside Passenger Transport Authority, Food North West, The National Council for Education and Learning for Wales and Essex County Council.
Our experience is broadened by the work that we have undertaken for private companies contracting with the Public Sector for outsourced services.
We have advised on matters arising out of The Public Contracts Regulations and The Freedom of Information Act.
We have a track record of successfully conducting
claims which range from low value matters to high value and complex issues. We have a wealth of experience in acting for the public sector in defending claims of misfeasance in public office and on disclosure of documents and Public Interest Immunity applications. We also have a wealth of expertise in the conduct of Judicial Reviews.
We recognise that often the most effective and efficient method of dispute resolution is to avoid litigation. For that reason, we employ
arbitrators and
mediators amongst our lawyers who specialise in seeking to resolve disputes at the earliest possible opportunity without incurring the cost, or delay associated with litigation.
And finally, our
Commercial Insurance experience encompasses policy disputes, construction & engineering, property, counter fraud, subrogated recoveries, products liability, environment and pollution, professional indemnity and Directors & Officers cover.
For further information regarding the Public Sector Group and how we can support you, please contact
Paul Marsh, Head of the Group on 0151 907 3299, or any other member of the team.