Delivering Successful Outcomes Scottish Local Authorities
www.biggartbaillie.co.uk
Biggart Baillie and You
Who are we: With over 20 partners and other fee earners working with public sector clients, the Biggart Baillie public sector team is one of the largest in the country. We act for many Local Authorities, including:
Successful Outcomes Through Partnership
How we work: We recognise the significant challenges facing the Public Sector in Scotland in having to deliver more for less. We are supporting and helping our local authority clients to achieve delivery of successful outcomes by providing sound and innovative legal advice on change management, re-structuring and new partnership working arrangements. We have been involved at a strategic level in many major recent Scottish public sector projects, including the M80 Design/ Build/ Fund/ Operate project, town centre re-generation projects and significant out-sourcing and procurement projects. We have pro-actively advised and successfully steered high-profile and politically-sensitive cases through Tribunals, Sheriff Courts, the Court of Session and the UK Supreme Court, adding the value of our specialist knowledge to the in-house expertise of our clients’ own legal teams.
Constitutional and Governance
What we do: We advise on : ■ shared services and governance issues; ■ regulatory compliance; ■ change management; ■ joint ventures and strategic alliances. For example, we advised The Highland Council on its IS/IT PPP Project, assisting with project management activities and supporting the Council in the commercial and legal risk evaluation process associated with the project. The Highland Council received an award for this project as the best Local Authority IT PPP scheme.
Decisionmaking & Judicial Review
What we do: We advise clients on matters that are about to come before their committees and Boards and draft guidance and procedures for clients to ensure that they act reasonably and fulfil their obligations in respect of proper decision-making. We provide training on policies and procedures to help minimise the prospects of successful challenges being brought against our clients and provide opinions on the prospects of success when challenges on points of law and/ or procedural irregularities arise. We represent our clients in court actions from Judicial Review and Statutory Appeals, to appeals to the UK Supreme Court, using our extensive experience to move cases smoothly and cost-effectively through the court process.
Procurement advice
What we do: We have advised local authorities and public bodies on major public procurements (including procurements under the competitive dialogue procedure) and provided public procurement advice to local authorities and other public bodies on EU public procurement compliance. We have also provided detailed advice on state aid, EU competition issues and other EU compliance issues for various public bodies. We have represented clients in various EU public procurement challenges, giving us an unique insight into the potential risks and how they can be avoided. Taking early advice to ensure a robust procurement process can significantly reduce the chances of any successful challenge. As an example, we advised Fife Council on EU public procurement implications in the context of the PPP project for the construction of a number of schools in Fife. This involved revisiting certain parts of the existing procedure and advising on the implications of altering the scope of the PPP as originally contemplated in the OJEU Notice.
Specialist Property Projects
What we do: Our experience in the Scottish property market and in advising a wide range of clients, including public bodies, places the firm in a strong position when advising clients in specialist areas of business or the property market in general. Recent examples of our specialist input on Local Authority property projects include:
â– acting for Falkirk Council in the drafting of a Development Agreement among the Council and its development partners for the proposed redevelopment and regeneration of Grangemouth Town Centre. â– advising Fife Council on a strategic business park/office/leisure development and on its commercial property law styles/green leasing advice. â– advising Highland Council on development agreements for the regeneration of Fort William Town Centre and on procuring outsourced new build care homes.
Pensions Law
What we do: The Biggart Baillie Pensions team is the largest in Scotland dedicated to providing pensions advice and guidance. The team is widely recognised as Scotland's top pensions law practice, and their experience includes: ■ acting for and supporting various Councils as employers under the Local Government Pension Scheme (and in certain cases also in their capacity as administering authority) and dealing with the Scottish Teachers’ Superannuation Scheme; ■ providing advice and support in connection with the pensions aspects of transactions , including advice on HMRC practice; ■ negotiating and drafting deeds and documents in connection with pensions; ■ funding issues in connection with the relevant Scheme; ■ resolution of disputes before the Pensions Ombudsman and Courts.
Construction Law
What we do: Our experienced and skilled in-house team has an impressive track record in advising a wide range of clients, including local authorities, housing associations, public sector organisations funders, contractors and consultants, on contentious and non-contentious construction issues. Examples include advising: ■ Clackmannanshire Council in connection with the reinstatement of the Stirling – Alloa - Kincardine railway extension and associated road infrastructure works; ■ Fife Council in connection with the design, build, financing and operation of 10 schools and associated services under the Private Finance Initiative; ■ West Lothian Council in connection with the preparation, negotiation and drafting of the overarching Design and Construction Agreement between West Lothian Council and Lovell Partnerships Limited in relation to the design and construction of 545 houses throughout West Lothian.
Specialist Planning Service
What we do: The firm's planning team deals with both contentious and non-contentious planning work and provides strategic advice on the planning aspects of all types of projects. The team negotiates permissions, consents and agreements, pursues appeals and judicial reviews and appears at public inquiries. Recent examples of specialist advice and representation include: ■advising Aberdeenshire Council on Donald Trump’s high-profile golf course and proposed associated hotel and housing development at Balmedie. Our involvement included advice on Environmental Impact Assessment issues, the controversial potential use of CPO powers, representation at Public Inquiry and defending judicial review proceedings seeking to reduce the grant of ancillary consents. ■providing advice and representation to South Lanarkshire Council, Perth & Kinross Council and The Highland Council in relation to judicial review petitions challenging grants of planning permission for developments including wind farms, supermarkets, waste disposal sites and minerals operations.
Employment Law
What we do: Our full service employment team undertakes a full-range of contentious and non-contentious work, appearing in Tribunals throughout the UK as well as Scottish Courts and the EAT.
We advise clients on issues such as TUPE and employment aspects of acquisitions, service provision changes and re-structuring. We advise and represent various Councils on complex employment issues. We have, for example, provided Renfrewshire Council with advice and representation at Tribunals on all aspects of their equal pay claims, implementation of job evaluation schemes, single status implementation, modernisation of terms and conditions, collective bargaining, dismissal and reengagement.
The Team
Who we are: Edinburgh Wayne Lawrence, Partner
wlawrence@biggartbaillie.co.uk
David Ratter, Partner
dratter@biggartbaillie.co.uk
Jennifer Spence, Partner
jspence@biggartbaillie.co.uk
Glasgow Neil Amner, Partner
namner@biggartbaillie.co.uk
Martin Gallaher, Partner
mgallaher@biggartbaillie.co.uk
Murray Shaw, Partner
mshaw@biggartbaillie.co.uk
Edinburgh No. 2 Lochrin Square, 96 Fountainbridge, Edinburgh EH3 9QA DX ED15 Tel: +44 (0) 131 226 5541 Fax: +44(0) 131 226 2278
Glasgow Dalmore House, 310 St. Vincent Street, Glasgow G2 5QR DX GW9 Tel: +44 (0) 141 228 8000 FAX: +44(0) 141 228 8310