Welsh Government Commercial Delivery Legal Services Framework

Our recent experience includes:

• Advising Welsh authorities on the implementation of the Social Services and Well-being (Wales) Act 2014.
• Defending claims for accommodation and support, including those for residential educational support applications to prevent Forced Marriage of adults with learning difficulties.
• Representation in deprivation of liberty applications (DoLS), welfare and finance matters before the Court of Protection.

We are also the sole source of legal advisors to Social Care Wales' Regulatory Committees.

Our recent experience includes:

• Acting for the Children's Services and Adult Services Departments of numerous local authorities in Wales. We provide outsourced legal advice to the local authorities in respect of Public Law Children Act proceedings and Court of Protection proceedings. We take over cases acting as the legal department for the client's Social Services departments conducting all preparatory stages and all court work. We typically have 50 cases in an active stage at any one time.
• Acting for a south Wales Local Authority in care proceedings. The Local Authority issued care proceedings in light of the significant deficits in parenting being provided by the parents. The case involved the instruction of a psychiatric and psychological expert in light of mother's history of self-harm and attempted suicide.
• Acting for a local authority in care and Wardship proceedings involving a 14 year-old boy with an autistic spectrum disorder. He has only left his home on a handful of occasions in the last two years and has a number of ritualistic behaviours. These are the longest running care proceedings in Wales currently and are being dealt with in the High Court.
• Acting for a Local Authority in complex proceedings involving cross-border travel and an unrecognised jurisdiction.

Our recent experience includes:

• Housing Management work including defending numerous disrepair claims on behalf of a local authority and advising on the Renting Homes (Wales) Act 2016.
• Defending a claim on behalf of a local authority brought against it by a contractor. The claim relates to alleged breaches of contract pursuant to a contract notice issued in the OJEU. Our client, together with two other contracting authority launched a competitive tender procedure for the award of a framework agreement for the provision of services. The contractor alleges that the contract has been breached as a result of a revised tender calculation. The revision was caused by a unilateral increase to rates issued by the contractor and the claim is denied.
• Acting for a devolved administration in respect of a claim brought against it by various Claimants arising out of a flooding incident that occurred on a housing estate in north Wales. There were 15 claimants and 6 defendants in this complex multi-party action.
• Acting for a Welsh Government department in defending a complex and high-value contractual claim brought by a limited company, which had provided training services in connection with a programme of EU funded projects. The claim was valued in excess of £5million.

Our recent experience includes:

• Providing training to all Local Authorities (LAs) in Wales on the role and responsibilities of a Monitoring Officer.
• Providing training to board members of a Local Authority Trading Company (LATC) in north Wales. Advice included members role both as board members and elected members of the parent local authority.
• Advising on the future delivery of leisure services on behalf of a Local Authority in Wales. At the end of the options analysis, the client chose to establish a LATC and we advised on its establishment. We advised on the powers of the LA to transform its leisure services, the options available, EU procurement law and commercial considerations, company law implications, property issues (including state aid considerations), charity law and employment and TUPE issues. We also provided training to board members on their role both as board members and elected members of the parent local authority.
• Advising the seven Community Health Councils (CHCs) in Wales (which are coterminous with the seven Welsh Local Health Boards) and providing advice and assistance to the Board whose function it is to advise, assist and monitor the performance of CHCs. We have given detailed advice regarding codes of conduct and procedures to be followed in the event of concerns raised about the conduct of CHC members and CHC staff.

We are also the sole source of legal advisors to Social Care Wales's Regulatory Committees, including acting as advisors in its fitness to practice panels.

We have significant experience providing prosecution and legal services to public sector bodies in Wales (and beyond) in the field of Criminal Litigation. Our team members are ranked in the Legal 500 Directory, and comprise highly experienced criminal practitioners (including a Higher Court Advocate, which provides continuity of representation during the lifetime of a case). We provide advisory, enforcement and prosecution legal services to South Wales Fire & Rescue Service and since 2016, we have been the sole providers of advisory, enforcement and prosecution services to the Welsh Government’s Marine Fisheries Division. Additionally, we provide prosecution and legal services to the Driver & Vehicle Standards Agency in England and Wales, and have acted for the Agency in proceedings before the Magistrates’ Court, Crown Court and Court of Appeal (Criminal Division). We have also been instructed by Local Authorities in connection with criminal investigations they have been subject to.

Our recent experience includes:

• Acting for a Local Authority in connection with a joint investigation by South Wales Police and the Health & Safety Executive into the circumstances surrounding the death of a Council employee (including representation at an inquest before a jury).
• Acting for a Local Authority in connection with a police investigation into allegations of fraud and misconduct in public office.
• Acting for the Counsel General for Wales in the prosecution of a number of Belgian fishing companies and Masters of vessels (which required detailed knowledge and application of EU and domestic maritime legislation, and international criminal law and procedure).
• Acting for the Counsel General for Wales in criminal proceedings relating to a company trading as a producer of organic eggs. The company exceeded the maximum permitted stocking density of its organic hen house, with the result that eggs produced from that house lost their organic status, but which were nevertheless sold by the producer as organic eggs.
• Acting for South Wales Fire & Rescue Service in a recent prosecution of a residential care home, resulting the largest fine imposed on such a facility since the Regulatory Reform (Fire Safety) Order 2005 came into force.
• Acting for the Counsel General for Wales in the first prosecution brought in Wales under the Eggs & Chicks (Wales) Regulations 2010.
• Acting for the Counsel General for Wales in the first prosecution brought in Wales for operating and managing an unregistered independent medical agency. The case attracted national and international press coverage.
• Acting for the Driver & Vehicle Standards Agency in a number of prosecutions nationally of individuals cheating their driving theory tests.

Our recent experience includes:

• Advising the Welsh Government in relation to the possible revision of the technical further education qualification system in Wales.
• Advising a Welsh Government agency on the risks arising from a scheme under which 11 Welsh sixth-form students were offered the opportunity to participate in a Summer placement at Yale University.
• Advising the Head of Legal and Regulatory Services at a Local Education Authority (LEA) in Wales, regarding industrial action by trade union members at a voluntary aided Catholic High School.
• Defending claims for Constructive Dismissal and Whistleblowing that had been brought by a former employee of a school following a fraud investigation by the authority into the school’s finances.

Our recent experience includes:

• Providing day-to-day advice on a broad range of employee issues to a Welsh Government Sponsored Body. We have advised on issues arising out of the implementation of its pay and grading structure and its organisational redesign programme. Our advice has included how to apply its change principles in a fair and non-discriminatory way, as well as providing advice in dealing with grievances brought as a result of the process.
• Advising a public sector body on the implications of IR35 and assisting with an HMRC enquiry.
• Advising on the public sector cap on exit payments including final salary pension issues.
• Providing policy development advice and assistance.
• Acting for a large local authority in relation to a complex disability and whistleblowing tribunal claim.
• Advising on TUPE transfers both from and to public sector organisations.
• Organisational change programmes including staff engagement and redundancies.

Our recent experience includes:

• Advising a local authority on a procurement challenge received from an unsuccessful bidder for a multi-million pound food framework.
• Advising a local authority on the establishment of a Local Authority Trading Company (LATC) to deliver its leisure services. The advice included procurement, state aid, TUPE and company formation.
• Advising a public sector client on a multi-million pound, multi-party action in relation to damage caused by demolition works undertaken by a contractor in a national road building scheme.
• Advising a government sponsored body on their suite of standard contract documents. We were asked to examine the public law issues and draft a set of standard GDPR compliant data protection clauses suitable for use across the range of different contracts and in their on-going agreements. We were also asked to draft a side-letter incorporating the GDPR clauses into on-going contracts.

Our recent experience includes:

• Advising the Welsh Government on a public/private sector joint venture arrangement for the redevelopment of a commercial scheme and a residential scheme of 450 units. We advised on the planning and infrastructure agreements for the commercial elements as well as defending a claim by local residents to register the land as a Town and Village Green. We were successful in defending the claim and the TVG application was rejected.
• Advising a local authority in South Wales on the planning aspects relating to the client’s proposed regeneration of a waterfront development and related disposal strategy to a lead developer who would be required to obtain requisite planning approvals as condition of drawdown. The scheme is intended to be delivered in phases and included some land in third party ownership.
• Advising a government department on the planning aspects, compulsory purchase powers and infrastructure funding agreement for a private sector led development in north Wales to redevelop a 400-acre brownfield site.

Our recent experience includes:

• Working with our Property Litigation team, acting for Natural Resources Wales in a landmark case regarding mineral rights.
• Advising Coleg Gwent on the Newport Knowledge Quarter. We have been advising on the structure of the transaction, access agreements, complex option agreements, leases and funding arrangements together with pre-emption agreements and shared occupational arrangements.
• Acting for two RSLs on a site acquisition, subject to a JV between Welsh Government and a Local Authority. We drafted an innovative JV between two RSLs ensuring collaborative working and tax efficient golden brick agreements, provided procurement and construction advice on the appointment of the building contractor and the professional team.
• Acting for a Local Authority in a landmark waterfront redevelopment project. There were requirements to establish legal structures to ensure phased delivery of appropriate planning approvals and infrastructure to service the project site. There were extensive and complex issues including advising on joint venture agreement, site assembly, procuring land and compulsory purchase powers.
• Acting for an NHS Trust in Wales in respect of the acquisition of warehousing facilities at an industrial park in south Wales. The premises were required as part of the Trust’s contingency plans to mitigate impact of Brexit on supply chains and manage and safeguard supply of pharmaceutical and medical equipment and goods. The transaction involved granting a long leasehold interest out of complex legal title and negotiating adequate rights to enable future development of the asset within the constraints of the business/industrial park.

Our recent experience includes:

• Supporting the Welsh Government with the financing of an innovative loan scheme to prevent COVID-19 homelessness.
• Advising the Welsh Government on all aspects of its involvement in the International Convention Centre in Wales.
• Advising the Welsh Government on complex and politically sensitive matters including major infrastructure projects, debt and equity investments.

We are also the sole providers of advisory, enforcement and prosecution services to the Welsh Government’s Marine Fisheries Division.

Our recent experience includes:

• Advising on the first ever MIM project in Wales. We advised on the MIM competitive dialogue process for the finance, design, construction and operation of S5&6 of the £590 million A465 Heads of Valleys project with partners, Harper Macleod.
• Advising Coleg Gwent on the Newport Knowledge Quarter (MIM and capital funding) including the transaction structure, access agreements, complex option agreements and more.
• Advising on a joint venture MIM funded project including statutory functions, existing structures risks, injurious affection and Brexit.
• Advising our client on all aspects of the International Convention Centre Wales project - one of the largest convention centres in Europe. The project is a 50/50 joint venture between a devolved administration and Celtic Manor Resort, supported by a loan facility from NatWest. This is one of the leading Public Private Partnerships (PPP) in Wales. We advised from the initial planning, through to completion and on an ongoing basis since then. We were subsequently instructed to advise the joint venture company (JVC).

Our recent experience includes:

• Advising on the first ever MIM project in Wales. We advised on the MIM competitive dialogue process for the finance, design, construction and operation of S5&6 of the £590 million A465 Heads of Valleys project with partners, Harper Macleod.
• Advising Coleg Gwent on the Newport Knowledge Quarter (MIM and capital funding) including the transaction structure, access agreements, complex option agreements and more.
• Advising on a joint venture MIM funded project including statutory functions, existing structures risks, injurious affection and Brexit.
• Advising our client on all aspects of the International Convention Centre Wales project - one of the largest convention centres in Europe. The project is a 50/50 joint venture between a devolved administration and Celtic Manor Resort, supported by a loan facility from NatWest. This is one of the leading Public Private Partnerships (PPP) in Wales. We advised from the initial planning, through to completion and on an ongoing basis since then. We were subsequently instructed to advise the joint venture company (JVC).