The Public Law Podcast

In this episode Katherine Barnes is joined by Jonathan Davey, Partner at Addleshaw Goddard specialising in procurement and commercial law, to discuss the rules for the modification of contracts under the Procurement Act 2023, the extent to which these represent a substantive change in practice and possible difficulties arising.

Katherine Barnes is joined by Parishil Patel KC of 39 Essex Chambers and Lucy James, partner and National Head of Commercial Litigation at Trowers & Hamlins, to discuss the grounds on which suppliers can be excluded under the Procurement Act 2023, the new debarment list and the implications of these for procurement practice and litigation.

Over the next three weeks, Katherine Barnes, public, procurement and planning barrister at 39 Essex Chambers, will discuss the key changes to public procurement under the Procurement Act 2023 with various expert speakers. The podcast takes listeners through the key changes that will apply to new procurements from 25 February 2025, analyses the significance of the changes in practice and identifies possible pitfalls/difficulties that may be experienced under the new regime. Speakers include Parishil Patel KC and Rose Grogan of 39 Essex Chambers, Lucy James of Trowers & Hamlins, Jonathan Davey of Addleshaw Goddard and Laura Thornton of Osborne Clarke.

In the first episode, Katherine Barnes and Rose Grogan of 39 Essex Chambers introduce the Procurement Act 2023 and its new procurement procedures.

This episode of Everyone’s Business discusses the safeguarding of adults in charities. Ian and Francesca discuss the issues and responsibilities surrounding the safeguarding of adults within the charity sector. Ian and Francesca reflect on the widely publicised safeguarding concerns which occurred in the overseas aid sector. They consider why and how does a charity need to anticipate safeguarding risks? How do we take a survivor led approach to safeguarding? Who is responsible for investigating and reporting violations within a charity? All charities have a responsibility to not cause harm; this episode discusses how this responsibility manifests and what the increased obligations for safeguarding means for policy and practice.

In this episode of Everyone’s Business, Steve and Anna start to discuss the complex area which is the safeguarding of adults in education. This episode focusses on adults who have just turned 18 and are still in secondary school, FE colleges specifically those providing education for disabled adults and adults with special educational needs, and young adults in higher education. The overarching theme throughout this podcast is how little specific guidance and policy there is for safeguarding in adults in education – this is in stark contrast to the rigorous and frequently reviewed policies that safeguard children.

Steve and Anna ask what is the difference between safeguarding children in education as opposed to adults? How should an educational institution go about safeguarding when there is such a wide range of different needs, capacities and indeed ages in those they are educating? What should an educational institution do while investigating safeguarding concerns, specifically when this occurs between students? This podcast by two experienced barristers in the field starts to open up the conversation on this complex field which lacks detailed guidance for institutions to follow.

Companies are becoming increasingly scrutinised regarding their obligations in respect of safeguarding. Ian Brownhill and Scarlett Milligan discuss what this means in practice, thinking about how the statutory regime applies to commercial enterprises throughout the supply chain as well. Do commercial companies in fact have safeguarding obligations? What happens when a company finds itself on the receiving end of a statutory safeguarding enquiry? And how does market position and consumer demand impact companies' actions in respect of safeguarding? Ian and Scarlett delve into how individual safeguarding concerns can morph into civil liability and reputational damage.”

Safeguarding in competitive sports is increasingly featuring in headlines with allegations of assault, grooming and abuses of power. 39 Essex Chambers barristers Susan and Nicola discuss what makes the sporting arena susceptible to so many safeguarding issues. What is it about the relationship between coach and athlete which creates a risk of abuse? What safeguarding frameworks exist to safeguard adults who would not be treated as “adults at risk” in safeguarding policies? How can the risk of abuse for adults in sport be mitigated?

This episode introduces the different types and means by which someone falls under the umbrella of the safeguarding of adults from two 39 Essex Chambers barristers. What is meant by an adult who lacks mental capacity? In what scenario are they considered to need safeguarding? Through the analysis of The Care Act, they give their thoughts on the obligations of care workers and the steps that can be taken to uphold safeguarding protections. Katie and Nyasha clearly explain how authorities, carers and individuals can understand their responsibility to those who are considered unable to take meaningful steps to protect their persons and their interests.

Scarlett Milligan and Tom Tabori, speaking with Anita Sharma of the charity INQUEST, explore recent appellate decisions which impact on the scope and conduct of inquests, the state's Article 2 obligations, and broader investigative duties on the state. In addition to key takeaways for practitioners, Scarlett, Tom and Anita discuss changes in practicalities, national statistics, and how bereaved families might be affected.

In the first episode of this series, Katherine Barnes and Adam Boukraa answer two difficult questions about the timing of a judicial review. They first discuss the case law on when the three month period ends for bringing a judicial review, before moving on to consider when time begins to run for bringing a challenge to secondary legislation and policy.