Expert advisor to Local Authorities with Trading and Housing Companies
Blake Morgan is a law firm with particular expertise in local authority companies in housing, waste, education and social care.
Our ambition is to support local authorities and contractors to set up companies with strong business cases and plans – both for the investing parties and also the company itself. We achieve this through well planned and scoped, efficiently implemented, successful projects. We don’t just have experts who advise on the law – our team focuses on outcomes for our clients, and ensures we provide the most up-to-date, real-world solutions for our clients, at the right price for the job, whilst protecting their reputation and budget in a manner to withstand scrutiny.
Main Areas Of Practice
We work with local authorities keen to set up companies and partnerships.
Our expertise includes:
Regulation 12 of the Public Contracts Regulations 2015 and 'Teckal'
We are experts in Regulation 12 of the the Public Contracts Regulations 2015 and can advise on the conditions that must be fulfilled for an organisation to be a Teckal subsidiary.
State Aid advice
We help local authority companies manage state aid issues that may arise in situations such as applying for public sector grant funding.
Loans and injection of resources at market value
Our local authority experts advise on the best funding options available to you to help your company succeed.
Timing of investments
We advise on all aspects of investment into local authority companies and their assets.
Local authority vires
Our expert team can advise on local authority vires to ensure you are acting within the correct legal capacity for the power being utilised.
Choice of corporate entities
It's vital that local authorities seek expert legal advice when considering the pros and cons of various corporate entities. We are here to help you choose the most commercially sound solution for your company.
Incorporation and Member Agreements
Incorporation and member agreements help prevent misunderstandings about the roles and responsibilities of the principal parties of an incorporated company. We help make arrangements now to prepare for the future.
Business planning and business case core content
Setting up a new business can be challenging, but we provide ongoing support to both new and existing local authority companies to ensure you meet your business goals.
We are experienced in all aspects of resource management and will make sure your company has the right resource at the right time in the right place.
We act for a variety of councils and private sector companies interested in setting up companies, to include district councils, county councils, and local enterprise partnerships.
Our local authority experts acted for a South Coastal District Council on its plans to incorporate two special purpose vehicles (SPVs) as companies limited by shares, and the transfer of properties from the council's existing property portfolio into the new companies. This included advising on governance structure, corporate vehicles and all key legal aspects of the business case.
Our local authority specialists advised a District Council on its acquisition of the entire issued share capital of a special purpose vehicle (SPV), a company limited by shares, for the sum of £5,900,000. The SPV owned a parcel of land that was in the process of being developed from empty office premises into residential flats to be marketed as private rented sector units.
Our experts supported a County Council on a large local authority trading company joint venture (Latco JV) with a Teckel company owned and controlled by another contracting authority, to operate as a recruitment agency providing our client local authority with agency and bank staff to support our client's residential services.
Awards and Accolades
Fears over nitrates pollution in the Solent area has resulted in planning authorities in Hampshire putting planning applications for new housing developments on hold. Following advice from Natural England, five...Read More
In a recent decision in the Court of Appeal, two local authorities (the Claimants) lost 'test cases' after attempting to recover business rates arising from empty properties. The impact the...Read More
The Government has intended to put a cap on the amount a public sector employee can receive on leaving employment for some time. The Enterprise Act 2016 inserted a provision...Read More
Real Madrid has been successful in its application to annul the Commission's decision of 4 July 2016, which ordered Spain to recover €18.4m in illegal State aid relating to a...Read More
Telecoms operators can now install and manage telecoms masts on Local Authority land with far less difficulty and cost
Since the new Electronic Communications Code ("the Code") came into force on 28 December 2017, a number of cases have been heard by the Upper Tribunal (Lands Chamber) ("the Tribunal")....Read More