LOCAL AUTHORITY COMPANIES AND PARTNERSHIPS – ‘LACAP’
My one volume loose-leaf book, LACAP has been in continuous publication since 1996 and has been updated twice yearly ever since. Naturally, over the course of this lengthy period there have been several changes to content, format and publisher. The 39th updated issue sees another major change.
I am delighted that Hammicks the book sellers have kindly agreed to help market the availability of both titles across local government and the wider public sector.
However, there is another change to report.
Since 2012 LexisNexis hosted the online version of LACAP but, with effect from May 2018, LexisNexis will no longer host LACAP nor its sister publication, the Local Authority Charging and Trading Guide. This change, whilst unwelcome, is not within my control. The publishing industry is highly competitive and local authorities, in times of austerity, choose which online legal publishing services they most require. Unfortunately, my titles have been the victim of a ‘change of direction’ by LexisNexis following such competition and, as a result, LACAP and LACAT will no longer be available online.
Despite this set-back, I intend to continue publishing, editing and developing LACAP and LACAT to maintain their currency as the leading works in this market.
Both books are now exclusively available in hard copy format from Hann Books Limited (although for LACAP subscriptions please contact my distributors Marston at the following address This email address is being protected from spambots. You need JavaScript enabled to view it. tel: 01235 465574).
LACAP LAW FIRM CONTRIBUTORS
I am delighted to confirm continued support and input to LACAP from major law firms and partners who contribute regular updates, namely:
Andrew Pettinger and colleagues from Addleshaw Goddard LLP Solicitors;
Peter Ware and colleagues from Browne Jacobson LLP Solicitors;
Mark Cook and colleagues from Anthony Collins LLP Solicitors; and
Edward Craft from Wedlake Bell LLP Solicitors.
The above contributors have been joined by international law firm DLA Piper LLP. Partner Rob Smith is an undoubted expert in many areas of transport law and practice and his new chapter, entitled ‘Partnerships: the legal framework for delivering improvements to bus services through partnership’, can be found in Division F. In common with the above experts, I will of course, regularly contribute updates to the main body of the work.
This latest issue takes in the important case of Peters v Haringey LBC and LendLease Europe Holdings [2018] EWHC 192 (Admin) which clarifies the powers of local authorities to participate in Limited Liability Partnerships (LLPs) for certain (non-commercial) purposes. This is a very helpful and important judgment for local government and given the advantages LLPs offer over companies when local authorities are seeking to enter into tax-efficient partnerships with potential investors and developers, it could signal the green light for many more similar initiatives across the UK as local authorities continue to seek ways of securing investment and funding from alternative sources.
The update also covers the increasing use of companies and other vehicles by local government to set up land and housing development partnerships. John Layton, a regular contributor to this work on finance issues, has also used his extensive experience to explain how local authorities might use companies to generate additional social housing and to return an investment to the parent authority from such activities. The Peters case above might help to provide increased choice by extending the potential vehicles for these purposes to LLPs.
Finally, a Code of Practice produced by the excellent Lawyers in Local Government Group (LLG) helps chart a path for good governance when local authorities take interests in companies. The author of this guidance (Phil McCourt) has kindly given permission to include the code in LACAP. This is a key piece of guidance for local government and will greatly help with governance.
The next scheduled update, Issue 40, will include a new contribution from Browne Jacobson LLP covering the often-difficult topic of state aid in the context of local authority companies and partnerships and other regeneration projects.
I will continue to ensure LACAP keeps its place at the centre of innovative thinking in this fast-moving and often politically contentious environment. As both author and publisher, I am always available should subscribers wish to contact me directly either to ask a question or to raise awareness of best practice which might be recorded within this service. I would also be delighted to hear any feedback on content from readers. I can be contacted by email at This email address is being protected from spambots. You need JavaScript enabled to view it.
To purchase the Guide to Local Authority Charging and Trading 2017 – buy via Amazon or contact me.
To Subscribe to LACAP and get regular updates contact Melanie Khosla at Marston at this address This email address is being protected from spambots. You need JavaScript enabled to view it. – tel: 01235 465574
Thanks to all my current subscribers for their continued support and interest in these works.
Rob Hann, Solicitor, Author, Local Government Consultant
Hann Books Limited
May 2018