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FRAMEWORK AGREEMENTS AND DIRECT AWARDS Regulation 33 (8) (a) of the Public Contracts Regulations 2015 (PCR 2015) sets out the criteria for making a direct award: all the terms governing the provision of the works, services and supplies concerned are set out in the framework agreement, and. the objective conditions for determining which of the suppliers on the framework agreement APPLYING FOR WITHOUT NOTICE INJUNCTIONS Applying for without notice injunctions. Always make full and frank disclosure to the court when applying for a without notice injunction, writes Sian Evans. On 18 June 2019, the case of Birmingham City Council v Afsar and others EWHC 1560 (QB) was held in the High Court. This case re-emphasised the importance of complying with all of DEEMED DEDICATION OF HIGHWAYS Deemed dedication of highways. Brendon Lee analyses the application of statutory incompatibility to deemed highway dedication following the recent developments on such legal principle in a number of village green cases. Over the past two years there has been considerable judicial focus on the registration of town and village greens wheresuch
STAFF MISCONDUCT AND PENSION FORFEITURE A Local Government Pension Scheme (“LGPS”) employer can apply to forfeit the employee’s pension or to recover some or all of their pension benefits, if the employee leaves that employment as a result of committing serious misconduct or a negligent act or omission. These rights to forfeit or recover benefits are, understandably, subject to VOLUNTARY TRANSPARENCY NOTICES A voluntary transparency notice (also known as a ‘voluntary ex ante transparency notice’ or ‘VEAT notice’) is used in limited circumstances arising under the Public Contracts Regulations 2015, SI 2015/102, Pt 3. A voluntary transparency notice may be published by a contracting authority where a contract has been awarded without prior ALCOHOL AND CAPACITY Alcohol and capacity. A recent case heard by the Vice President of the Court of Protection, Hayden J, raises three important points about the interpretation and application of sections 2 and 3 of the Mental Capacity Act 2005 (‘MCA’) in the context of alcohol addiction, writes Tony Harrop-Griffths. These points from London Borough of Tower THE OIA AND JUDICIAL REVIEW Principle 1. The OIA is subject to judicial review, but the courts should have regard to the expertise of the OIA, and few claimants will be granted permission to bring a judicial review claim. Principle 1 is borne out in the statistics: four out of five Claimants are UNLICENSED HMOS AND LIABILITY Issue 2. Section 72 (1) of the HA 2004 provides that ‘a person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part () but is not so licensed’. A person who commits an offence under sections 72 (1) or 72 (2) is liable on summary conviction to a fine (see section 72 (7)). THE ROLE OF LOCAL AUTHORITIES IN HOUSING SUPPLY By the Autumn Budget 2017, this target had increased to 300,000. In the White Paper, the main role of local authorities in boosting housing supply was identified as strategic, in enabling the private sector to deliver much needed new homes using their planning powers. This article explores three alternative roles for councils in boosting BUILDINGS OR STRUCTURES Buildings or structures - the Woolley Chickens case. A recent High Court ruling that mobile poultry units were development under the Town & Country Planning Act 1990 is a significant one, writes Martin Goodall. One of the perennial problems for planning lawyers is whether objects placed on land which are allegedly ‘portable’ or‘moveable
FRAMEWORK AGREEMENTS AND DIRECT AWARDS Regulation 33 (8) (a) of the Public Contracts Regulations 2015 (PCR 2015) sets out the criteria for making a direct award: all the terms governing the provision of the works, services and supplies concerned are set out in the framework agreement, and. the objective conditions for determining which of the suppliers on the framework agreement APPLYING FOR WITHOUT NOTICE INJUNCTIONS Applying for without notice injunctions. Always make full and frank disclosure to the court when applying for a without notice injunction, writes Sian Evans. On 18 June 2019, the case of Birmingham City Council v Afsar and others EWHC 1560 (QB) was held in the High Court. This case re-emphasised the importance of complying with all of DEEMED DEDICATION OF HIGHWAYS Deemed dedication of highways. Brendon Lee analyses the application of statutory incompatibility to deemed highway dedication following the recent developments on such legal principle in a number of village green cases. Over the past two years there has been considerable judicial focus on the registration of town and village greens wheresuch
STAFF MISCONDUCT AND PENSION FORFEITURE A Local Government Pension Scheme (“LGPS”) employer can apply to forfeit the employee’s pension or to recover some or all of their pension benefits, if the employee leaves that employment as a result of committing serious misconduct or a negligent act or omission. These rights to forfeit or recover benefits are, understandably, subject to VOLUNTARY TRANSPARENCY NOTICES A voluntary transparency notice (also known as a ‘voluntary ex ante transparency notice’ or ‘VEAT notice’) is used in limited circumstances arising under the Public Contracts Regulations 2015, SI 2015/102, Pt 3. A voluntary transparency notice may be published by a contracting authority where a contract has been awarded without priorPUBLIC LAW TODAY
The Civil Procedure (Amendment) Rules 2021 (‘the CPAR 2021’) introduce a new Civil Procedure Rule 36.5 (5) to clarify the issue of interest after the expiry of Part 36 offers. Mia Plume examines its impact. May 06, 2021. You can’t claim that! Court finds exclusion clauses work just like any other clause. HIGH COURT REJECTS LEGAL CHALLENGE BY CONTRACTORS OVER High Court rejects legal challenge by contractors over retrospective extinction of "exit credits" May 31, 2021 TO BE OR NOT TO BE … A LOOKED AFTER CHILD To be or not to be a looked after child. The Court of Appeal has issued an important judgment on the status of placements of children with relatives that were made before 1 April 2011 and whether the carer is entitled to a fostering allowance. Sally Gore analyses the ruling. Local authorities have grown used to grappling with thedecision
SUPREME COURT GIVES PERMISSION TO APPEAL IN CAPACITY TO The Supreme Court has agreed to hear a case on whether, to have capacity to decide to have sexual relations with another person, a person needs to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity. FRAMEWORK AGREEMENTS AND DIRECT AWARDS Regulation 33 (8) (a) of the Public Contracts Regulations 2015 (PCR 2015) sets out the criteria for making a direct award: all the terms governing the provision of the works, services and supplies concerned are set out in the framework agreement, and. the objective conditions for determining which of the suppliers on the framework agreement DEMOLITION – UNDER PERMITTED DEVELOPMENT RIGHTS OR Permission to demolish the building or buildings according to such details as are agreed by the local planning authority should be included in any planning permission which may be granted for the development. By virtue of article 3 (4) of the Permitted Development Order, permitted development rights do not permit the demolition of abuilding
COURT OF APPEAL AGREES TO HEAR CASE ON HOW HOMELESSNESS The appeal will be heard on 13 October 2020. Gareth Hutton, caseworker in Duncan Lewis’s housing department, said: “This is an important homelessness case which will determine how homelessness applicants can challenge the decisions of local authorities on their homeless applications going forward. “There have been several cases on this INCOME-STRIP AND HOUSING SUPPLY Income-strip leases are attractive to funds as they provide them with safe low returns which are broadly indexed linked (a safe pension investment). This attraction does create a risk for the lessee as RPI/CPI and rent inflation can and does diverge; with this exacerbated for affordable tenures. If an affordable housing provider/localauthority
BUILDINGS OR STRUCTURES Buildings or structures - the Woolley Chickens case. A recent High Court ruling that mobile poultry units were development under the Town & Country Planning Act 1990 is a significant one, writes Martin Goodall. One of the perennial problems for planning lawyers is whether objects placed on land which are allegedly ‘portable’ or‘moveable
DIVISIONAL COURT HANDS DOWN KEY RULING ON INTERACTION OF Category View; Location View; Calendar View; List all events; Search ALCOHOL AND CAPACITY Alcohol and capacity. A recent case heard by the Vice President of the Court of Protection, Hayden J, raises three important points about the interpretation and application of sections 2 and 3 of the Mental Capacity Act 2005 (‘MCA’) in the context of alcohol addiction, writes Tony Harrop-Griffths. These points from London Borough of Tower THE OIA AND JUDICIAL REVIEW Principle 1. The OIA is subject to judicial review, but the courts should have regard to the expertise of the OIA, and few claimants will be granted permission to bring a judicial review claim. Principle 1 is borne out in the statistics: four out of five Claimants are UNLICENSED HMOS AND LIABILITY Issue 2. Section 72 (1) of the HA 2004 provides that ‘a person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part () but is not so licensed’. A person who commits an offence under sections 72 (1) or 72 (2) is liable on summary conviction to a fine (see section 72 (7)). THE ROLE OF LOCAL AUTHORITIES IN HOUSING SUPPLY By the Autumn Budget 2017, this target had increased to 300,000. In the White Paper, the main role of local authorities in boosting housing supply was identified as strategic, in enabling the private sector to deliver much needed new homes using their planning powers. This article explores three alternative roles for councils in boosting DEMOLITION – UNDER PERMITTED DEVELOPMENT RIGHTS OR Permission to demolish the building or buildings according to such details as are agreed by the local planning authority should be included in any planning permission which may be granted for the development. By virtue of article 3 (4) of the Permitted Development Order, permitted development rights do not permit the demolition of abuilding
COURT RULES ON POWER TO DECLINE TO DETERMINE RETROSPECTIVE The High Court has issued a ruling that clarifies the scope of a local authority’s power to decline to determine a retrospective planning application when an enforcement notice is in place. The case of Wingrove v Stratford on Avon District Council EWHC 287 (Admin) was the first time the ambit of s. 70C of the Town and CountryPlanning
FRAMEWORK AGREEMENTS AND DIRECT AWARDS Regulation 33 (8) (a) of the Public Contracts Regulations 2015 (PCR 2015) sets out the criteria for making a direct award: all the terms governing the provision of the works, services and supplies concerned are set out in the framework agreement, and. the objective conditions for determining which of the suppliers on the framework agreement APPLYING FOR WITHOUT NOTICE INJUNCTIONS Applying for without notice injunctions. Always make full and frank disclosure to the court when applying for a without notice injunction, writes Sian Evans. On 18 June 2019, the case of Birmingham City Council v Afsar and others EWHC 1560 (QB) was held in the High Court. This case re-emphasised the importance of complying with all of STAFF MISCONDUCT AND PENSION FORFEITURE A Local Government Pension Scheme (“LGPS”) employer can apply to forfeit the employee’s pension or to recover some or all of their pension benefits, if the employee leaves that employment as a result of committing serious misconduct or a negligent act or omission. These rights to forfeit or recover benefits are, understandably, subject to VOLUNTARY TRANSPARENCY NOTICES A voluntary transparency notice (also known as a ‘voluntary ex ante transparency notice’ or ‘VEAT notice’) is used in limited circumstances arising under the Public Contracts Regulations 2015, SI 2015/102, Pt 3. A voluntary transparency notice may be published by a contracting authority where a contract has been awarded without prior ALCOHOL AND CAPACITY Alcohol and capacity. A recent case heard by the Vice President of the Court of Protection, Hayden J, raises three important points about the interpretation and application of sections 2 and 3 of the Mental Capacity Act 2005 (‘MCA’) in the context of alcohol addiction, writes Tony Harrop-Griffths. These points from London Borough of Tower THE OIA AND JUDICIAL REVIEW Principle 1. The OIA is subject to judicial review, but the courts should have regard to the expertise of the OIA, and few claimants will be granted permission to bring a judicial review claim. Principle 1 is borne out in the statistics: four out of five Claimants are UNLICENSED HMOS AND LIABILITY Issue 2. Section 72 (1) of the HA 2004 provides that ‘a person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part () but is not so licensed’. A person who commits an offence under sections 72 (1) or 72 (2) is liable on summary conviction to a fine (see section 72 (7)). THE ROLE OF LOCAL AUTHORITIES IN HOUSING SUPPLY By the Autumn Budget 2017, this target had increased to 300,000. In the White Paper, the main role of local authorities in boosting housing supply was identified as strategic, in enabling the private sector to deliver much needed new homes using their planning powers. This article explores three alternative roles for councils in boosting DEMOLITION – UNDER PERMITTED DEVELOPMENT RIGHTS OR Permission to demolish the building or buildings according to such details as are agreed by the local planning authority should be included in any planning permission which may be granted for the development. By virtue of article 3 (4) of the Permitted Development Order, permitted development rights do not permit the demolition of abuilding
COURT RULES ON POWER TO DECLINE TO DETERMINE RETROSPECTIVE The High Court has issued a ruling that clarifies the scope of a local authority’s power to decline to determine a retrospective planning application when an enforcement notice is in place. The case of Wingrove v Stratford on Avon District Council EWHC 287 (Admin) was the first time the ambit of s. 70C of the Town and CountryPlanning
FRAMEWORK AGREEMENTS AND DIRECT AWARDS Regulation 33 (8) (a) of the Public Contracts Regulations 2015 (PCR 2015) sets out the criteria for making a direct award: all the terms governing the provision of the works, services and supplies concerned are set out in the framework agreement, and. the objective conditions for determining which of the suppliers on the framework agreement APPLYING FOR WITHOUT NOTICE INJUNCTIONS Applying for without notice injunctions. Always make full and frank disclosure to the court when applying for a without notice injunction, writes Sian Evans. On 18 June 2019, the case of Birmingham City Council v Afsar and others EWHC 1560 (QB) was held in the High Court. This case re-emphasised the importance of complying with all of STAFF MISCONDUCT AND PENSION FORFEITURE A Local Government Pension Scheme (“LGPS”) employer can apply to forfeit the employee’s pension or to recover some or all of their pension benefits, if the employee leaves that employment as a result of committing serious misconduct or a negligent act or omission. These rights to forfeit or recover benefits are, understandably, subject to VOLUNTARY TRANSPARENCY NOTICES A voluntary transparency notice (also known as a ‘voluntary ex ante transparency notice’ or ‘VEAT notice’) is used in limited circumstances arising under the Public Contracts Regulations 2015, SI 2015/102, Pt 3. A voluntary transparency notice may be published by a contracting authority where a contract has been awarded without priorPUBLIC LAW TODAY
The Civil Procedure (Amendment) Rules 2021 (‘the CPAR 2021’) introduce a new Civil Procedure Rule 36.5 (5) to clarify the issue of interest after the expiry of Part 36 offers. Mia Plume examines its impact. May 06, 2021. You can’t claim that! Court finds exclusion clauses work just like any other clause. THE MENTAL HEALTH ACT, S117 AFTER-CARE AND ORDINARY RESIDENCE On 24 June 2020, the Department of Health and Social Care set out its position when determining ordinary residence under s.117 (3) of the Mental Health Act 1983. Although the ‘note’ is to be read alongside its statutory guidance, the two are entirely incompatible and the latter has yet to be amended to reflect the change ofposition.
COURSES AND EVENTS
legal training for local government and the public sectorVULNERABLE PERSONS
Vulnerable persons - participation and evidence in family proceedings. April 8, 2021. The following Family practice note from LexisNexis provides comprehensive and up to date legal information covering the participation of vulnerable people and evidence in family proceedings. It covers: • Background. • Key provisions. • Key definitionsFAILURE TO PROTECT
Failure to protect. The Court of Appeal has provided some useful guidance on what might or might not constitute “failure to protect” when a child had been injured by another, writes Sarah Fahy. In L-W Children EWCA Civ 159 the Court of Appeal was concerned with L aged 4 years who had suffered serious non-accidentalbruising.
COURT OF APPEAL AGREES TO HEAR CASE ON HOW HOMELESSNESS The appeal will be heard on 13 October 2020. Gareth Hutton, caseworker in Duncan Lewis’s housing department, said: “This is an important homelessness case which will determine how homelessness applicants can challenge the decisions of local authorities on their homeless applications going forward. “There have been several cases on this APPLYING FOR WITHOUT NOTICE INJUNCTIONS Applying for without notice injunctions. Always make full and frank disclosure to the court when applying for a without notice injunction, writes Sian Evans. On 18 June 2019, the case of Birmingham City Council v Afsar and others EWHC 1560 (QB) was held in the High Court. This case re-emphasised the importance of complying with all of SAFEGUARDING AND THE COURT OF PROTECTION Safeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection. LexisPSL Local Government, in partnership with Alex Ruck Keene, Michelle Pratley and the Legal Action Group, set out the key considerations. (To access all the links in this article, use your LexisPSL subscription or register for a free 1 week trial of LexisPSL) DIVISIONAL COURT HANDS DOWN KEY RULING ON INTERACTION OF Category View; Location View; Calendar View; List all events; Search COURT RULES ON POWER TO DECLINE TO DETERMINE RETROSPECTIVE The High Court has issued a ruling that clarifies the scope of a local authority’s power to decline to determine a retrospective planning application when an enforcement notice is in place. The case of Wingrove v Stratford on Avon District Council EWHC 287 (Admin) was the first time the ambit of s. 70C of the Town and CountryPlanning
ALCOHOL AND CAPACITY Alcohol and capacity. A recent case heard by the Vice President of the Court of Protection, Hayden J, raises three important points about the interpretation and application of sections 2 and 3 of the Mental Capacity Act 2005 (‘MCA’) in the context of alcohol addiction, writes Tony Harrop-Griffths. These points from London Borough of Tower UNLICENSED HMOS AND LIABILITY Issue 2. Section 72 (1) of the HA 2004 provides that ‘a person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part () but is not so licensed’. A person who commits an offence under sections 72 (1) or 72 (2) is liable on summary conviction to a fine (see section 72 (7)). SAFEGUARDING AND THE COURT OF PROTECTION Safeguarding and the Court of Protection. The ability to apply to the Court of Protection is one of the most important powers that is available to local authorities in the adult protection context. As such, it is unsurprising that safeguarding concerns are at the heart of a significant proportion of welfare applications made by localauthorities.
BUILDINGS OR STRUCTURES Buildings or structures - the Woolley Chickens case. A recent High Court ruling that mobile poultry units were development under the Town & Country Planning Act 1990 is a significant one, writes Martin Goodall. One of the perennial problems for planning lawyers is whether objects placed on land which are allegedly ‘portable’ or‘moveable
THE ROLE OF LOCAL AUTHORITIES IN HOUSING SUPPLY By the Autumn Budget 2017, this target had increased to 300,000. In the White Paper, the main role of local authorities in boosting housing supply was identified as strategic, in enabling the private sector to deliver much needed new homes using their planning powers. This article explores three alternative roles for councils in boosting FRAMEWORK AGREEMENTS AND DIRECT AWARDS Regulation 33 (8) (a) of the Public Contracts Regulations 2015 (PCR 2015) sets out the criteria for making a direct award: all the terms governing the provision of the works, services and supplies concerned are set out in the framework agreement, and. the objective conditions for determining which of the suppliers on the framework agreement DEEMED DEDICATION OF HIGHWAYS Deemed dedication of highways. Brendon Lee analyses the application of statutory incompatibility to deemed highway dedication following the recent developments on such legal principle in a number of village green cases. Over the past two years there has been considerable judicial focus on the registration of town and village greens wheresuch
CHALLENGES TO NEIGHBOURHOOD PLANS Crane v. Secretary of State for Communities and Local Government EWHC 425 (Admin) was an unsuccessful challenge to a decision by the Secretary of State to dismiss an appeal for housing based on conflict with a neighbourhood plan. There was no five year housing land supply, and so the housing policies in the plan were out of date. THE SUPREME COURT ON VULNERABILITY The Supreme Court on vulnerability. Matt Hutchings discusses the Supreme Court's interpretation of vulnerability in relation to homelessness in the three linked appeals of Hotak, Kanu and Johnson. On 13 May, in three appeals about priority need for the homeless (Hotak, Kanu and Johnson UKSC 30; 2 WLR 1341), theSupreme Court
PROPERTY HELD ON TRUST AND LIABILITY FOR COUNCIL TAX A further exemption is under Class F (Council Tax (Exempt Dwellings) (Amendment) Order 1994, SI 1994/539 ), in situations where the owner has died, the property is unoccupied, and the dwelling is held on trust by the executor or administrator. The dwelling then will be exempt until the grant of probate or letters of administration, andfor a
PUBLIC LAW TODAY
The Civil Procedure (Amendment) Rules 2021 (‘the CPAR 2021’) introduce a new Civil Procedure Rule 36.5 (5) to clarify the issue of interest after the expiry of Part 36 offers. Mia Plume examines its impact. May 06, 2021. You can’t claim that! Court finds exclusion clauses work just like any other clause. UNLICENSED HMOS AND LIABILITY Issue 2. Section 72 (1) of the HA 2004 provides that ‘a person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part () but is not so licensed’. A person who commits an offence under sections 72 (1) or 72 (2) is liable on summary conviction to a fine (see section 72 (7)). ALCOHOL AND CAPACITY Alcohol and capacity. A recent case heard by the Vice President of the Court of Protection, Hayden J, raises three important points about the interpretation and application of sections 2 and 3 of the Mental Capacity Act 2005 (‘MCA’) in the context of alcohol addiction, writes Tony Harrop-Griffths. These points from London Borough of Tower THE ROLE OF LOCAL AUTHORITIES IN HOUSING SUPPLY By the Autumn Budget 2017, this target had increased to 300,000. In the White Paper, the main role of local authorities in boosting housing supply was identified as strategic, in enabling the private sector to deliver much needed new homes using their planning powers. This article explores three alternative roles for councils in boosting SAFEGUARDING AND THE COURT OF PROTECTION Safeguarding and the Court of Protection. The ability to apply to the Court of Protection is one of the most important powers that is available to local authorities in the adult protection context. As such, it is unsurprising that safeguarding concerns are at the heart of a significant proportion of welfare applications made by localauthorities.
FRAMEWORK AGREEMENTS AND DIRECT AWARDS Regulation 33 (8) (a) of the Public Contracts Regulations 2015 (PCR 2015) sets out the criteria for making a direct award: all the terms governing the provision of the works, services and supplies concerned are set out in the framework agreement, and. the objective conditions for determining which of the suppliers on the framework agreement APPLYING FOR WITHOUT NOTICE INJUNCTIONS Applying for without notice injunctions. Always make full and frank disclosure to the court when applying for a without notice injunction, writes Sian Evans. On 18 June 2019, the case of Birmingham City Council v Afsar and others EWHC 1560 (QB) was held in the High Court. This case re-emphasised the importance of complying with all of BUILDINGS OR STRUCTURES Buildings or structures - the Woolley Chickens case. A recent High Court ruling that mobile poultry units were development under the Town & Country Planning Act 1990 is a significant one, writes Martin Goodall. One of the perennial problems for planning lawyers is whether objects placed on land which are allegedly ‘portable’ or‘moveable
DEEMED DEDICATION OF HIGHWAYS Deemed dedication of highways. Brendon Lee analyses the application of statutory incompatibility to deemed highway dedication following the recent developments on such legal principle in a number of village green cases. Over the past two years there has been considerable judicial focus on the registration of town and village greens wheresuch
PROPERTY HELD ON TRUST AND LIABILITY FOR COUNCIL TAX A further exemption is under Class F (Council Tax (Exempt Dwellings) (Amendment) Order 1994, SI 1994/539 ), in situations where the owner has died, the property is unoccupied, and the dwelling is held on trust by the executor or administrator. The dwelling then will be exempt until the grant of probate or letters of administration, andfor a
PUBLIC LAW TODAY
The Civil Procedure (Amendment) Rules 2021 (‘the CPAR 2021’) introduce a new Civil Procedure Rule 36.5 (5) to clarify the issue of interest after the expiry of Part 36 offers. Mia Plume examines its impact. May 06, 2021. You can’t claim that! Court finds exclusion clauses work just like any other clause. COUNCILS UNABLE TO HOLD MEETINGS REMOTELY FROM 7TH MAY Category View; Location View; Calendar View; List all events; Search INCOME-STRIP AND HOUSING SUPPLY Income-strip leases are attractive to funds as they provide them with safe low returns which are broadly indexed linked (a safe pension investment). This attraction does create a risk for the lessee as RPI/CPI and rent inflation can and does diverge; with this exacerbated for affordable tenures. If an affordable housing provider/localauthority
DIVISIONAL COURT HANDS DOWN KEY RULING ON INTERACTION OF Category View; Location View; Calendar View; List all events; Search THE PRE-PROCEEDINGS PROCESS The pre-proceedings process was introduced in 2008 as the part of the Public Law Outline (PLO) reforms to care proceedings. It has been revised by the Public Law Outline 2014 and the Children and Families Act 2014, and there is now a 26-week time limit for the completion of care and supervision proceedings This places an increased emphasis on LOCAL AUTHORITIES WIN £10M+ SUPREME COURT BATTLE OVER Local authorities win £10m+ Supreme Court battle over business rates. May 14, 2021
DEEMED DEDICATION OF HIGHWAYS Deemed dedication of highways. Brendon Lee analyses the application of statutory incompatibility to deemed highway dedication following the recent developments on such legal principle in a number of village green cases. Over the past two years there has been considerable judicial focus on the registration of town and village greens wheresuch
VOLUNTARY TRANSPARENCY NOTICES A voluntary transparency notice (also known as a ‘voluntary ex ante transparency notice’ or ‘VEAT notice’) is used in limited circumstances arising under the Public Contracts Regulations 2015, SI 2015/102, Pt 3. A voluntary transparency notice may be published by a contracting authority where a contract has been awarded without prior APPLYING FOR WITHOUT NOTICE INJUNCTIONS Applying for without notice injunctions. Always make full and frank disclosure to the court when applying for a without notice injunction, writes Sian Evans. On 18 June 2019, the case of Birmingham City Council v Afsar and others EWHC 1560 (QB) was held in the High Court. This case re-emphasised the importance of complying with all of OMBUDSMAN CRITICISES COUNCIL AFTER BOY FORCED TO STAY IN A Derbyshire boy had to stay in primary school for an extra year because the council did not update his Education, Health and Care (EHC) Plan on time, the Local Government and ALCOHOL AND CAPACITY Alcohol and capacity. A recent case heard by the Vice President of the Court of Protection, Hayden J, raises three important points about the interpretation and application of sections 2 and 3 of the Mental Capacity Act 2005 (‘MCA’) in the context of alcohol addiction, writes Tony Harrop-Griffths. These points from London Borough of Tower UNLICENSED HMOS AND LIABILITY Issue 2. Section 72 (1) of the HA 2004 provides that ‘a person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part () but is not so licensed’. A person who commits an offence under sections 72 (1) or 72 (2) is liable on summary conviction to a fine (see section 72 (7)). SAFEGUARDING AND THE COURT OF PROTECTION Safeguarding and the Court of Protection. The ability to apply to the Court of Protection is one of the most important powers that is available to local authorities in the adult protection context. As such, it is unsurprising that safeguarding concerns are at the heart of a significant proportion of welfare applications made by localauthorities.
BUILDINGS OR STRUCTURES Buildings or structures - the Woolley Chickens case. A recent High Court ruling that mobile poultry units were development under the Town & Country Planning Act 1990 is a significant one, writes Martin Goodall. One of the perennial problems for planning lawyers is whether objects placed on land which are allegedly ‘portable’ or‘moveable
THE ROLE OF LOCAL AUTHORITIES IN HOUSING SUPPLY By the Autumn Budget 2017, this target had increased to 300,000. In the White Paper, the main role of local authorities in boosting housing supply was identified as strategic, in enabling the private sector to deliver much needed new homes using their planning powers. This article explores three alternative roles for councils in boosting FRAMEWORK AGREEMENTS AND DIRECT AWARDS Regulation 33 (8) (a) of the Public Contracts Regulations 2015 (PCR 2015) sets out the criteria for making a direct award: all the terms governing the provision of the works, services and supplies concerned are set out in the framework agreement, and. the objective conditions for determining which of the suppliers on the framework agreement DEEMED DEDICATION OF HIGHWAYS Deemed dedication of highways. Brendon Lee analyses the application of statutory incompatibility to deemed highway dedication following the recent developments on such legal principle in a number of village green cases. Over the past two years there has been considerable judicial focus on the registration of town and village greens wheresuch
CHALLENGES TO NEIGHBOURHOOD PLANS Crane v. Secretary of State for Communities and Local Government EWHC 425 (Admin) was an unsuccessful challenge to a decision by the Secretary of State to dismiss an appeal for housing based on conflict with a neighbourhood plan. There was no five year housing land supply, and so the housing policies in the plan were out of date. THE SUPREME COURT ON VULNERABILITY The Supreme Court on vulnerability. Matt Hutchings discusses the Supreme Court's interpretation of vulnerability in relation to homelessness in the three linked appeals of Hotak, Kanu and Johnson. On 13 May, in three appeals about priority need for the homeless (Hotak, Kanu and Johnson UKSC 30; 2 WLR 1341), theSupreme Court
PROPERTY HELD ON TRUST AND LIABILITY FOR COUNCIL TAX A further exemption is under Class F (Council Tax (Exempt Dwellings) (Amendment) Order 1994, SI 1994/539 ), in situations where the owner has died, the property is unoccupied, and the dwelling is held on trust by the executor or administrator. The dwelling then will be exempt until the grant of probate or letters of administration, andfor a
ALCOHOL AND CAPACITY Alcohol and capacity. A recent case heard by the Vice President of the Court of Protection, Hayden J, raises three important points about the interpretation and application of sections 2 and 3 of the Mental Capacity Act 2005 (‘MCA’) in the context of alcohol addiction, writes Tony Harrop-Griffths. These points from London Borough of Tower UNLICENSED HMOS AND LIABILITY Issue 2. Section 72 (1) of the HA 2004 provides that ‘a person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part () but is not so licensed’. A person who commits an offence under sections 72 (1) or 72 (2) is liable on summary conviction to a fine (see section 72 (7)). SAFEGUARDING AND THE COURT OF PROTECTION Safeguarding and the Court of Protection. The ability to apply to the Court of Protection is one of the most important powers that is available to local authorities in the adult protection context. As such, it is unsurprising that safeguarding concerns are at the heart of a significant proportion of welfare applications made by localauthorities.
BUILDINGS OR STRUCTURES Buildings or structures - the Woolley Chickens case. A recent High Court ruling that mobile poultry units were development under the Town & Country Planning Act 1990 is a significant one, writes Martin Goodall. One of the perennial problems for planning lawyers is whether objects placed on land which are allegedly ‘portable’ or‘moveable
THE ROLE OF LOCAL AUTHORITIES IN HOUSING SUPPLY By the Autumn Budget 2017, this target had increased to 300,000. In the White Paper, the main role of local authorities in boosting housing supply was identified as strategic, in enabling the private sector to deliver much needed new homes using their planning powers. This article explores three alternative roles for councils in boosting FRAMEWORK AGREEMENTS AND DIRECT AWARDS Regulation 33 (8) (a) of the Public Contracts Regulations 2015 (PCR 2015) sets out the criteria for making a direct award: all the terms governing the provision of the works, services and supplies concerned are set out in the framework agreement, and. the objective conditions for determining which of the suppliers on the framework agreement DEEMED DEDICATION OF HIGHWAYS Deemed dedication of highways. Brendon Lee analyses the application of statutory incompatibility to deemed highway dedication following the recent developments on such legal principle in a number of village green cases. Over the past two years there has been considerable judicial focus on the registration of town and village greens wheresuch
CHALLENGES TO NEIGHBOURHOOD PLANS Crane v. Secretary of State for Communities and Local Government EWHC 425 (Admin) was an unsuccessful challenge to a decision by the Secretary of State to dismiss an appeal for housing based on conflict with a neighbourhood plan. There was no five year housing land supply, and so the housing policies in the plan were out of date. THE SUPREME COURT ON VULNERABILITY The Supreme Court on vulnerability. Matt Hutchings discusses the Supreme Court's interpretation of vulnerability in relation to homelessness in the three linked appeals of Hotak, Kanu and Johnson. On 13 May, in three appeals about priority need for the homeless (Hotak, Kanu and Johnson UKSC 30; 2 WLR 1341), theSupreme Court
PROPERTY HELD ON TRUST AND LIABILITY FOR COUNCIL TAX A further exemption is under Class F (Council Tax (Exempt Dwellings) (Amendment) Order 1994, SI 1994/539 ), in situations where the owner has died, the property is unoccupied, and the dwelling is held on trust by the executor or administrator. The dwelling then will be exempt until the grant of probate or letters of administration, andfor a
PUBLIC LAW TODAY
The Civil Procedure (Amendment) Rules 2021 (‘the CPAR 2021’) introduce a new Civil Procedure Rule 36.5 (5) to clarify the issue of interest after the expiry of Part 36 offers. Mia Plume examines its impact. May 06, 2021. You can’t claim that! Court finds exclusion clauses work just like any other clause. COUNCILS UNABLE TO HOLD MEETINGS REMOTELY FROM 7TH MAY Category View; Location View; Calendar View; List all events; Search INCOME-STRIP AND HOUSING SUPPLY Income-strip leases are attractive to funds as they provide them with safe low returns which are broadly indexed linked (a safe pension investment). This attraction does create a risk for the lessee as RPI/CPI and rent inflation can and does diverge; with this exacerbated for affordable tenures. If an affordable housing provider/localauthority
DIVISIONAL COURT HANDS DOWN KEY RULING ON INTERACTION OF Category View; Location View; Calendar View; List all events; Search THE PRE-PROCEEDINGS PROCESS The pre-proceedings process was introduced in 2008 as the part of the Public Law Outline (PLO) reforms to care proceedings. It has been revised by the Public Law Outline 2014 and the Children and Families Act 2014, and there is now a 26-week time limit for the completion of care and supervision proceedings This places an increased emphasis on LOCAL AUTHORITIES WIN £10M+ SUPREME COURT BATTLE OVER Local authorities win £10m+ Supreme Court battle over business rates. May 14, 2021
DEEMED DEDICATION OF HIGHWAYS Deemed dedication of highways. Brendon Lee analyses the application of statutory incompatibility to deemed highway dedication following the recent developments on such legal principle in a number of village green cases. Over the past two years there has been considerable judicial focus on the registration of town and village greens wheresuch
VOLUNTARY TRANSPARENCY NOTICES A voluntary transparency notice (also known as a ‘voluntary ex ante transparency notice’ or ‘VEAT notice’) is used in limited circumstances arising under the Public Contracts Regulations 2015, SI 2015/102, Pt 3. A voluntary transparency notice may be published by a contracting authority where a contract has been awarded without prior APPLYING FOR WITHOUT NOTICE INJUNCTIONS Applying for without notice injunctions. Always make full and frank disclosure to the court when applying for a without notice injunction, writes Sian Evans. On 18 June 2019, the case of Birmingham City Council v Afsar and others EWHC 1560 (QB) was held in the High Court. This case re-emphasised the importance of complying with all of OMBUDSMAN CRITICISES COUNCIL AFTER BOY FORCED TO STAY IN A Derbyshire boy had to stay in primary school for an extra year because the council did not update his Education, Health and Care (EHC) Plan on time, the Local Government and ALCOHOL AND CAPACITY Alcohol and capacity. A recent case heard by the Vice President of the Court of Protection, Hayden J, raises three important points about the interpretation and application of sections 2 and 3 of the Mental Capacity Act 2005 (‘MCA’) in the context of alcohol addiction, writes Tony Harrop-Griffths. These points from London Borough of Tower UNLICENSED HMOS AND LIABILITY Issue 2. Section 72 (1) of the HA 2004 provides that ‘a person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part () but is not so licensed’. A person who commits an offence under sections 72 (1) or 72 (2) is liable on summary conviction to a fine (see section 72 (7)). SELLING FOOD AFTER ITS "USE BY" DATE Selling food after its "use by" date. The High Court has ruled that offering food for sale after its labelled “use by” date is prima facie a criminal offence. Hazel Jackson examines the background to the ruling and looks at its implications. On 6 April 2020, the High Courtin
FAILURE TO PROTECT
Failure to protect. The Court of Appeal has provided some useful guidance on what might or might not constitute “failure to protect” when a child had been injured by another, writes Sarah Fahy. In L-W Children EWCA Civ 159 the Court of Appeal was concerned with L aged 4 years who had suffered serious non-accidentalbruising.
SAFEGUARDING AND THE COURT OF PROTECTION Safeguarding and the Court of Protection. The ability to apply to the Court of Protection is one of the most important powers that is available to local authorities in the adult protection context. As such, it is unsurprising that safeguarding concerns are at the heart of a significant proportion of welfare applications made by localauthorities.
BUILDINGS OR STRUCTURES Buildings or structures - the Woolley Chickens case. A recent High Court ruling that mobile poultry units were development under the Town & Country Planning Act 1990 is a significant one, writes Martin Goodall. One of the perennial problems for planning lawyers is whether objects placed on land which are allegedly ‘portable’ or‘moveable
COURT RULES ON POWER TO DECLINE TO DETERMINE RETROSPECTIVE The High Court has issued a ruling that clarifies the scope of a local authority’s power to decline to determine a retrospective planning application when an enforcement notice is in place. The case of Wingrove v Stratford on Avon District Council EWHC 287 (Admin) was the first time the ambit of s. 70C of the Town and CountryPlanning
STAFF MISCONDUCT AND PENSION FORFEITURE A Local Government Pension Scheme (“LGPS”) employer can apply to forfeit the employee’s pension or to recover some or all of their pension benefits, if the employee leaves that employment as a result of committing serious misconduct or a negligent act or omission. These rights to forfeit or recover benefits are, understandably, subject to PROPERTY HELD ON TRUST AND LIABILITY FOR COUNCIL TAX A further exemption is under Class F (Council Tax (Exempt Dwellings) (Amendment) Order 1994, SI 1994/539 ), in situations where the owner has died, the property is unoccupied, and the dwelling is held on trust by the executor or administrator. The dwelling then will be exempt until the grant of probate or letters of administration, andfor a
DEFENDING EPA 1990 PROSECUTIONS: SERVICE OF NOTICES Defending EPA 1990 prosecutions: service of Notices. Josephine Henderson analyses a key defence available to landlords to claims under the Environmental Protection Act. This article considers just one of many potential defences to a summons issued in the Magistrates Court by solicitors on behalf of a complainant (‘C’), usually atenant, for
ALCOHOL AND CAPACITY Alcohol and capacity. A recent case heard by the Vice President of the Court of Protection, Hayden J, raises three important points about the interpretation and application of sections 2 and 3 of the Mental Capacity Act 2005 (‘MCA’) in the context of alcohol addiction, writes Tony Harrop-Griffths. These points from London Borough of Tower UNLICENSED HMOS AND LIABILITY Issue 2. Section 72 (1) of the HA 2004 provides that ‘a person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part () but is not so licensed’. A person who commits an offence under sections 72 (1) or 72 (2) is liable on summary conviction to a fine (see section 72 (7)). SELLING FOOD AFTER ITS "USE BY" DATE Selling food after its "use by" date. The High Court has ruled that offering food for sale after its labelled “use by” date is prima facie a criminal offence. Hazel Jackson examines the background to the ruling and looks at its implications. On 6 April 2020, the High Courtin
FAILURE TO PROTECT
Failure to protect. The Court of Appeal has provided some useful guidance on what might or might not constitute “failure to protect” when a child had been injured by another, writes Sarah Fahy. In L-W Children EWCA Civ 159 the Court of Appeal was concerned with L aged 4 years who had suffered serious non-accidentalbruising.
SAFEGUARDING AND THE COURT OF PROTECTION Safeguarding and the Court of Protection. The ability to apply to the Court of Protection is one of the most important powers that is available to local authorities in the adult protection context. As such, it is unsurprising that safeguarding concerns are at the heart of a significant proportion of welfare applications made by localauthorities.
BUILDINGS OR STRUCTURES Buildings or structures - the Woolley Chickens case. A recent High Court ruling that mobile poultry units were development under the Town & Country Planning Act 1990 is a significant one, writes Martin Goodall. One of the perennial problems for planning lawyers is whether objects placed on land which are allegedly ‘portable’ or‘moveable
COURT RULES ON POWER TO DECLINE TO DETERMINE RETROSPECTIVE The High Court has issued a ruling that clarifies the scope of a local authority’s power to decline to determine a retrospective planning application when an enforcement notice is in place. The case of Wingrove v Stratford on Avon District Council EWHC 287 (Admin) was the first time the ambit of s. 70C of the Town and CountryPlanning
STAFF MISCONDUCT AND PENSION FORFEITURE A Local Government Pension Scheme (“LGPS”) employer can apply to forfeit the employee’s pension or to recover some or all of their pension benefits, if the employee leaves that employment as a result of committing serious misconduct or a negligent act or omission. These rights to forfeit or recover benefits are, understandably, subject to PROPERTY HELD ON TRUST AND LIABILITY FOR COUNCIL TAX A further exemption is under Class F (Council Tax (Exempt Dwellings) (Amendment) Order 1994, SI 1994/539 ), in situations where the owner has died, the property is unoccupied, and the dwelling is held on trust by the executor or administrator. The dwelling then will be exempt until the grant of probate or letters of administration, andfor a
DEFENDING EPA 1990 PROSECUTIONS: SERVICE OF NOTICES Defending EPA 1990 prosecutions: service of Notices. Josephine Henderson analyses a key defence available to landlords to claims under the Environmental Protection Act. This article considers just one of many potential defences to a summons issued in the Magistrates Court by solicitors on behalf of a complainant (‘C’), usually atenant, for
FORMER LOCAL GOVERNMENT LAWYER JOINS GOVERNMENT LEGAL The UK's most experienced DNA tester. Formerly part of one of the largest global pharmaceutical and chemical companies Cellmark was the world's first commercial DNA fingerprinting laboratory and today is one of the most trusted forward thinking DNA analysis companies in Europe and now part of the largest DNA testing company in the world. OMBUDSMAN CRITICISES COUNCIL AFTER BOY FORCED TO STAY IN A Derbyshire boy had to stay in primary school for an extra year because the council did not update his Education, Health and Care (EHC) Plan on time, the Local Government and THE MENTAL HEALTH ACT, S117 AFTER-CARE AND ORDINARY RESIDENCE On 24 June 2020, the Department of Health and Social Care set out its position when determining ordinary residence under s.117 (3) of the Mental Health Act 1983. Although the ‘note’ is to be read alongside its statutory guidance, the two are entirely incompatible and the latter has yet to be amended to reflect the change ofposition.
INCOME-STRIP AND HOUSING SUPPLY Income-strip leases are attractive to funds as they provide them with safe low returns which are broadly indexed linked (a safe pension investment). This attraction does create a risk for the lessee as RPI/CPI and rent inflation can and does diverge; with this exacerbated for affordable tenures. If an affordable housing provider/localauthority
LOCAL AUTHORITY INJUNCTIONS AGAINST “PERSONS UNKNOWN Ranjit Bhose QC analyses the recent High Court ruling on "Traveller Injunctions" and "persons unknown". In a 129-page judgment the High Court has held in London Borough of Barking and Dagenham and Others v Persons Unknown, London Gypsies and Travellers intervening EWHC 1201 (QB) that the Court cannot grant a claimant local authority final injunctive relief against two forms of FRAMEWORK AGREEMENTS AND DIRECT AWARDS Regulation 33 (8) (a) of the Public Contracts Regulations 2015 (PCR 2015) sets out the criteria for making a direct award: all the terms governing the provision of the works, services and supplies concerned are set out in the framework agreement, and. the objective conditions for determining which of the suppliers on the framework agreement LONDON BOROUGH FACING LEGAL ACTION OVER "FAILURE TO ACT The Good Law Project and Sister Supporter have threatened Camden Council with legal action over the local authority’s alleged ongoing failure to deal with the intimidation and harassment of women outside the Marie Stopes Clinic in the borough.FAILURE TO PROTECT
Failure to protect. The Court of Appeal has provided some useful guidance on what might or might not constitute “failure to protect” when a child had been injured by another, writes Sarah Fahy. In L-W Children EWCA Civ 159 the Court of Appeal was concerned with L aged 4 years who had suffered serious non-accidentalbruising.
MULTIPLE ALLEGATIONS OF MISCONDUCT Multiple allegations of misconduct. In situations where there are multiple allegations of misconduct, employers need to tread carefully to avoid unfair dismissal, writes Mark Foster. Disciplinary cases involving a number of separate allegations within the same disciplinary process are not unusual. In such matters it is crucial tounderstand the
MINDED-TO LETTERS AND THE RIGHT TO MAKE REPRESENTATIONS The authorities all issued “minded-to” letters, pursuant to reg.8 (2). The letters all specified that representations could be made orally or in writing or both orally and in writing. None of them, however, specified that this meant that the appellant could insist on a face-to-face meeting. Each appellant appealed unsuccessfully to the ALCOHOL AND CAPACITY Alcohol and capacity. A recent case heard by the Vice President of the Court of Protection, Hayden J, raises three important points about the interpretation and application of sections 2 and 3 of the Mental Capacity Act 2005 (‘MCA’) in the context of alcohol addiction, writes Tony Harrop-Griffths. These points from London Borough of Tower UNLICENSED HMOS AND LIABILITY Issue 2. Section 72 (1) of the HA 2004 provides that ‘a person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part () but is not so licensed’. A person who commits an offence under sections 72 (1) or 72 (2) is liable on summary conviction to a fine (see section 72 (7)). SELLING FOOD AFTER ITS "USE BY" DATE Selling food after its "use by" date. The High Court has ruled that offering food for sale after its labelled “use by” date is prima facie a criminal offence. Hazel Jackson examines the background to the ruling and looks at its implications. On 6 April 2020, the High Courtin
FAILURE TO PROTECT
Failure to protect. The Court of Appeal has provided some useful guidance on what might or might not constitute “failure to protect” when a child had been injured by another, writes Sarah Fahy. In L-W Children EWCA Civ 159 the Court of Appeal was concerned with L aged 4 years who had suffered serious non-accidentalbruising.
SAFEGUARDING AND THE COURT OF PROTECTION Safeguarding and the Court of Protection. The ability to apply to the Court of Protection is one of the most important powers that is available to local authorities in the adult protection context. As such, it is unsurprising that safeguarding concerns are at the heart of a significant proportion of welfare applications made by localauthorities.
BUILDINGS OR STRUCTURES Buildings or structures - the Woolley Chickens case. A recent High Court ruling that mobile poultry units were development under the Town & Country Planning Act 1990 is a significant one, writes Martin Goodall. One of the perennial problems for planning lawyers is whether objects placed on land which are allegedly ‘portable’ or‘moveable
COURT RULES ON POWER TO DECLINE TO DETERMINE RETROSPECTIVE The High Court has issued a ruling that clarifies the scope of a local authority’s power to decline to determine a retrospective planning application when an enforcement notice is in place. The case of Wingrove v Stratford on Avon District Council EWHC 287 (Admin) was the first time the ambit of s. 70C of the Town and CountryPlanning
STAFF MISCONDUCT AND PENSION FORFEITURE A Local Government Pension Scheme (“LGPS”) employer can apply to forfeit the employee’s pension or to recover some or all of their pension benefits, if the employee leaves that employment as a result of committing serious misconduct or a negligent act or omission. These rights to forfeit or recover benefits are, understandably, subject to PROPERTY HELD ON TRUST AND LIABILITY FOR COUNCIL TAX A further exemption is under Class F (Council Tax (Exempt Dwellings) (Amendment) Order 1994, SI 1994/539 ), in situations where the owner has died, the property is unoccupied, and the dwelling is held on trust by the executor or administrator. The dwelling then will be exempt until the grant of probate or letters of administration, andfor a
DEFENDING EPA 1990 PROSECUTIONS: SERVICE OF NOTICES Defending EPA 1990 prosecutions: service of Notices. Josephine Henderson analyses a key defence available to landlords to claims under the Environmental Protection Act. This article considers just one of many potential defences to a summons issued in the Magistrates Court by solicitors on behalf of a complainant (‘C’), usually atenant, for
ALCOHOL AND CAPACITY Alcohol and capacity. A recent case heard by the Vice President of the Court of Protection, Hayden J, raises three important points about the interpretation and application of sections 2 and 3 of the Mental Capacity Act 2005 (‘MCA’) in the context of alcohol addiction, writes Tony Harrop-Griffths. These points from London Borough of Tower UNLICENSED HMOS AND LIABILITY Issue 2. Section 72 (1) of the HA 2004 provides that ‘a person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part () but is not so licensed’. A person who commits an offence under sections 72 (1) or 72 (2) is liable on summary conviction to a fine (see section 72 (7)). SELLING FOOD AFTER ITS "USE BY" DATE Selling food after its "use by" date. The High Court has ruled that offering food for sale after its labelled “use by” date is prima facie a criminal offence. Hazel Jackson examines the background to the ruling and looks at its implications. On 6 April 2020, the High Courtin
FAILURE TO PROTECT
Failure to protect. The Court of Appeal has provided some useful guidance on what might or might not constitute “failure to protect” when a child had been injured by another, writes Sarah Fahy. In L-W Children EWCA Civ 159 the Court of Appeal was concerned with L aged 4 years who had suffered serious non-accidentalbruising.
SAFEGUARDING AND THE COURT OF PROTECTION Safeguarding and the Court of Protection. The ability to apply to the Court of Protection is one of the most important powers that is available to local authorities in the adult protection context. As such, it is unsurprising that safeguarding concerns are at the heart of a significant proportion of welfare applications made by localauthorities.
BUILDINGS OR STRUCTURES Buildings or structures - the Woolley Chickens case. A recent High Court ruling that mobile poultry units were development under the Town & Country Planning Act 1990 is a significant one, writes Martin Goodall. One of the perennial problems for planning lawyers is whether objects placed on land which are allegedly ‘portable’ or‘moveable
COURT RULES ON POWER TO DECLINE TO DETERMINE RETROSPECTIVE The High Court has issued a ruling that clarifies the scope of a local authority’s power to decline to determine a retrospective planning application when an enforcement notice is in place. The case of Wingrove v Stratford on Avon District Council EWHC 287 (Admin) was the first time the ambit of s. 70C of the Town and CountryPlanning
STAFF MISCONDUCT AND PENSION FORFEITURE A Local Government Pension Scheme (“LGPS”) employer can apply to forfeit the employee’s pension or to recover some or all of their pension benefits, if the employee leaves that employment as a result of committing serious misconduct or a negligent act or omission. These rights to forfeit or recover benefits are, understandably, subject to PROPERTY HELD ON TRUST AND LIABILITY FOR COUNCIL TAX A further exemption is under Class F (Council Tax (Exempt Dwellings) (Amendment) Order 1994, SI 1994/539 ), in situations where the owner has died, the property is unoccupied, and the dwelling is held on trust by the executor or administrator. The dwelling then will be exempt until the grant of probate or letters of administration, andfor a
DEFENDING EPA 1990 PROSECUTIONS: SERVICE OF NOTICES Defending EPA 1990 prosecutions: service of Notices. Josephine Henderson analyses a key defence available to landlords to claims under the Environmental Protection Act. This article considers just one of many potential defences to a summons issued in the Magistrates Court by solicitors on behalf of a complainant (‘C’), usually atenant, for
FORMER LOCAL GOVERNMENT LAWYER JOINS GOVERNMENT LEGAL The UK's most experienced DNA tester. Formerly part of one of the largest global pharmaceutical and chemical companies Cellmark was the world's first commercial DNA fingerprinting laboratory and today is one of the most trusted forward thinking DNA analysis companies in Europe and now part of the largest DNA testing company in the world. OMBUDSMAN CRITICISES COUNCIL AFTER BOY FORCED TO STAY IN A Derbyshire boy had to stay in primary school for an extra year because the council did not update his Education, Health and Care (EHC) Plan on time, the Local Government and THE MENTAL HEALTH ACT, S117 AFTER-CARE AND ORDINARY RESIDENCE On 24 June 2020, the Department of Health and Social Care set out its position when determining ordinary residence under s.117 (3) of the Mental Health Act 1983. Although the ‘note’ is to be read alongside its statutory guidance, the two are entirely incompatible and the latter has yet to be amended to reflect the change ofposition.
INCOME-STRIP AND HOUSING SUPPLY Income-strip leases are attractive to funds as they provide them with safe low returns which are broadly indexed linked (a safe pension investment). This attraction does create a risk for the lessee as RPI/CPI and rent inflation can and does diverge; with this exacerbated for affordable tenures. If an affordable housing provider/localauthority
LOCAL AUTHORITY INJUNCTIONS AGAINST “PERSONS UNKNOWN Ranjit Bhose QC analyses the recent High Court ruling on "Traveller Injunctions" and "persons unknown". In a 129-page judgment the High Court has held in London Borough of Barking and Dagenham and Others v Persons Unknown, London Gypsies and Travellers intervening EWHC 1201 (QB) that the Court cannot grant a claimant local authority final injunctive relief against two forms of FRAMEWORK AGREEMENTS AND DIRECT AWARDS Regulation 33 (8) (a) of the Public Contracts Regulations 2015 (PCR 2015) sets out the criteria for making a direct award: all the terms governing the provision of the works, services and supplies concerned are set out in the framework agreement, and. the objective conditions for determining which of the suppliers on the framework agreement LONDON BOROUGH FACING LEGAL ACTION OVER "FAILURE TO ACT The Good Law Project and Sister Supporter have threatened Camden Council with legal action over the local authority’s alleged ongoing failure to deal with the intimidation and harassment of women outside the Marie Stopes Clinic in the borough.FAILURE TO PROTECT
Failure to protect. The Court of Appeal has provided some useful guidance on what might or might not constitute “failure to protect” when a child had been injured by another, writes Sarah Fahy. In L-W Children EWCA Civ 159 the Court of Appeal was concerned with L aged 4 years who had suffered serious non-accidentalbruising.
MULTIPLE ALLEGATIONS OF MISCONDUCT Multiple allegations of misconduct. In situations where there are multiple allegations of misconduct, employers need to tread carefully to avoid unfair dismissal, writes Mark Foster. Disciplinary cases involving a number of separate allegations within the same disciplinary process are not unusual. In such matters it is crucial tounderstand the
MINDED-TO LETTERS AND THE RIGHT TO MAKE REPRESENTATIONS The authorities all issued “minded-to” letters, pursuant to reg.8 (2). The letters all specified that representations could be made orally or in writing or both orally and in writing. None of them, however, specified that this meant that the appellant could insist on a face-to-face meeting. Each appellant appealed unsuccessfully to the UNLICENSED HMOS AND LIABILITY Issue 2. Section 72 (1) of the HA 2004 provides that ‘a person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part () but is not so licensed’. A person who commits an offence under sections 72 (1) or 72 (2) is liable on summary conviction to a fine (see section 72 (7)). ALCOHOL AND CAPACITY Alcohol and capacity. A recent case heard by the Vice President of the Court of Protection, Hayden J, raises three important points about the interpretation and application of sections 2 and 3 of the Mental Capacity Act 2005 (‘MCA’) in the context of alcohol addiction, writes Tony Harrop-Griffths. These points from London Borough of Tower FRAMEWORK AGREEMENTS AND DIRECT AWARDS Regulation 33 (8) (a) of the Public Contracts Regulations 2015 (PCR 2015) sets out the criteria for making a direct award: all the terms governing the provision of the works, services and supplies concerned are set out in the framework agreement, and. the objective conditions for determining which of the suppliers on the framework agreement SELLING FOOD AFTER ITS "USE BY" DATE Selling food after its "use by" date. The High Court has ruled that offering food for sale after its labelled “use by” date is prima facie a criminal offence. Hazel Jackson examines the background to the ruling and looks at its implications. On 6 April 2020, the High Courtin
SAFEGUARDING AND THE COURT OF PROTECTION Safeguarding and the Court of Protection. The ability to apply to the Court of Protection is one of the most important powers that is available to local authorities in the adult protection context. As such, it is unsurprising that safeguarding concerns are at the heart of a significant proportion of welfare applications made by localauthorities.
THE ROLE OF LOCAL AUTHORITIES IN HOUSING SUPPLY By the Autumn Budget 2017, this target had increased to 300,000. In the White Paper, the main role of local authorities in boosting housing supply was identified as strategic, in enabling the private sector to deliver much needed new homes using their planning powers. This article explores three alternative roles for councils in boostingFAILURE TO PROTECT
Failure to protect. The Court of Appeal has provided some useful guidance on what might or might not constitute “failure to protect” when a child had been injured by another, writes Sarah Fahy. In L-W Children EWCA Civ 159 the Court of Appeal was concerned with L aged 4 years who had suffered serious non-accidentalbruising.
TO BE OR NOT TO BE … A LOOKED AFTER CHILD To be or not to be a looked after child. The Court of Appeal has issued an important judgment on the status of placements of children with relatives that were made before 1 April 2011 and whether the carer is entitled to a fostering allowance. Sally Gore analyses the ruling. Local authorities have grown used to grappling with thedecision
ENFORCING S106 AGREEMENTS Discharging s106 agreements. Section 106A of the Town and Country Planning Act 1990 allows for a person bound by a section 106 agreement to apply to the local planning authority to have the obligation discharged. The local planning authority should discharge theobligation if
DEFENDING EPA 1990 PROSECUTIONS: SERVICE OF NOTICES Defending EPA 1990 prosecutions: service of Notices. Josephine Henderson analyses a key defence available to landlords to claims under the Environmental Protection Act. This article considers just one of many potential defences to a summons issued in the Magistrates Court by solicitors on behalf of a complainant (‘C’), usually atenant, for
UNLICENSED HMOS AND LIABILITY Issue 2. Section 72 (1) of the HA 2004 provides that ‘a person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part () but is not so licensed’. A person who commits an offence under sections 72 (1) or 72 (2) is liable on summary conviction to a fine (see section 72 (7)). ALCOHOL AND CAPACITY Alcohol and capacity. A recent case heard by the Vice President of the Court of Protection, Hayden J, raises three important points about the interpretation and application of sections 2 and 3 of the Mental Capacity Act 2005 (‘MCA’) in the context of alcohol addiction, writes Tony Harrop-Griffths. These points from London Borough of Tower FRAMEWORK AGREEMENTS AND DIRECT AWARDS Regulation 33 (8) (a) of the Public Contracts Regulations 2015 (PCR 2015) sets out the criteria for making a direct award: all the terms governing the provision of the works, services and supplies concerned are set out in the framework agreement, and. the objective conditions for determining which of the suppliers on the framework agreement SELLING FOOD AFTER ITS "USE BY" DATE Selling food after its "use by" date. The High Court has ruled that offering food for sale after its labelled “use by” date is prima facie a criminal offence. Hazel Jackson examines the background to the ruling and looks at its implications. On 6 April 2020, the High Courtin
SAFEGUARDING AND THE COURT OF PROTECTION Safeguarding and the Court of Protection. The ability to apply to the Court of Protection is one of the most important powers that is available to local authorities in the adult protection context. As such, it is unsurprising that safeguarding concerns are at the heart of a significant proportion of welfare applications made by localauthorities.
THE ROLE OF LOCAL AUTHORITIES IN HOUSING SUPPLY By the Autumn Budget 2017, this target had increased to 300,000. In the White Paper, the main role of local authorities in boosting housing supply was identified as strategic, in enabling the private sector to deliver much needed new homes using their planning powers. This article explores three alternative roles for councils in boostingFAILURE TO PROTECT
Failure to protect. The Court of Appeal has provided some useful guidance on what might or might not constitute “failure to protect” when a child had been injured by another, writes Sarah Fahy. In L-W Children EWCA Civ 159 the Court of Appeal was concerned with L aged 4 years who had suffered serious non-accidentalbruising.
TO BE OR NOT TO BE … A LOOKED AFTER CHILD To be or not to be a looked after child. The Court of Appeal has issued an important judgment on the status of placements of children with relatives that were made before 1 April 2011 and whether the carer is entitled to a fostering allowance. Sally Gore analyses the ruling. Local authorities have grown used to grappling with thedecision
ENFORCING S106 AGREEMENTS Discharging s106 agreements. Section 106A of the Town and Country Planning Act 1990 allows for a person bound by a section 106 agreement to apply to the local planning authority to have the obligation discharged. The local planning authority should discharge theobligation if
DEFENDING EPA 1990 PROSECUTIONS: SERVICE OF NOTICES Defending EPA 1990 prosecutions: service of Notices. Josephine Henderson analyses a key defence available to landlords to claims under the Environmental Protection Act. This article considers just one of many potential defences to a summons issued in the Magistrates Court by solicitors on behalf of a complainant (‘C’), usually atenant, for
LOCAL AUTHORITY INJUNCTIONS AGAINST “PERSONS UNKNOWN Ranjit Bhose QC analyses the recent High Court ruling on "Traveller Injunctions" and "persons unknown". In a 129-page judgment the High Court has held in London Borough of Barking and Dagenham and Others v Persons Unknown, London Gypsies and Travellers intervening EWHC 1201 (QB) that the Court cannot grant a claimant local authority final injunctive relief against two forms of OMBUDSMAN CRITICISES COUNCIL AFTER BOY FORCED TO STAY IN A Derbyshire boy had to stay in primary school for an extra year because the council did not update his Education, Health and Care (EHC) Plan on time, the Local Government and GDPR, CLASS ACTIONS AND THE RIGHT TO COMPENSATION GDPR, class actions and the right to compensation. The Court of Appeal recently overturned a High Court ruling and found that a claimant could serve an out of jurisdiction application against Google as part of a class action. Ibrahim Hasan examines the judgment. In November 2018 we reported the decision of the English High Court in the case ofFAILURE TO PROTECT
Failure to protect. The Court of Appeal has provided some useful guidance on what might or might not constitute “failure to protect” when a child had been injured by another, writes Sarah Fahy. In L-W Children EWCA Civ 159 the Court of Appeal was concerned with L aged 4 years who had suffered serious non-accidentalbruising.
THE OIA AND JUDICIAL REVIEW Principle 1. The OIA is subject to judicial review, but the courts should have regard to the expertise of the OIA, and few claimants will be granted permission to bring a judicial review claim. Principle 1 is borne out in the statistics: four out of five Claimants are refused permission to bring their claim. OPERATING A DYNAMIC PURCHASING SYSTEM The invitation to tender (ITT) must be sent to all DPS suppliers simultaneously, in writing, using an electronic system. Where the DPS has been set up using categories then the contracting authority can send the ITT to DPS suppliers admitted to the relevant category to which the contract relates. The use of categories is discussed in myfirst
WHAT IS AN INTRODUCTORY TENANCY? The Housing Act 1996 (HA 1996) introduced the concept of the introductory tenancy for local housing authorities (LHAs) and housing action trusts, with the statutory framework set out in HA 1996, Pt V, Ch 1 (Conduct of Tenants). The purpose of the introductory tenancy is to enable a social housing provider to elect to operate a schemewhereby
VOLUNTARY TRANSPARENCY NOTICES A voluntary transparency notice (also known as a ‘voluntary ex ante transparency notice’ or ‘VEAT notice’) is used in limited circumstances arising under the Public Contracts Regulations 2015, SI 2015/102, Pt 3. A voluntary transparency notice may be published by a contracting authority where a contract has been awarded without prior BIODIVERSITY NET GAIN Biodiversity net gain ('BNG') is both an approach and an outcome. It involves not only avoiding or mitigating harm to natural areas, but also seeking to improve them through the creation or enhancement of habitats over and above what is there already. This will require baseline assessment of existing habitats on a given site and evidenceto
LEGAL CHALLENGES TO NEIGHBOURHOOD PLANS AND ORDERS: THE Category View; Location View; Calendar View; List all events; Search UNLICENSED HMOS AND LIABILITY Issue 2. Section 72 (1) of the HA 2004 provides that ‘a person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part () but is not so licensed’. A person who commits an offence under sections 72 (1) or 72 (2) is liable on summary conviction to a fine (see section 72 (7)). ALCOHOL AND CAPACITY Alcohol and capacity. A recent case heard by the Vice President of the Court of Protection, Hayden J, raises three important points about the interpretation and application of sections 2 and 3 of the Mental Capacity Act 2005 (‘MCA’) in the context of alcohol addiction, writes Tony Harrop-Griffths. These points from London Borough of Tower FRAMEWORK AGREEMENTS AND DIRECT AWARDS Regulation 33 (8) (a) of the Public Contracts Regulations 2015 (PCR 2015) sets out the criteria for making a direct award: all the terms governing the provision of the works, services and supplies concerned are set out in the framework agreement, and. the objective conditions for determining which of the suppliers on the framework agreement SELLING FOOD AFTER ITS "USE BY" DATE Selling food after its "use by" date. The High Court has ruled that offering food for sale after its labelled “use by” date is prima facie a criminal offence. Hazel Jackson examines the background to the ruling and looks at its implications. On 6 April 2020, the High Courtin
SAFEGUARDING AND THE COURT OF PROTECTION Safeguarding and the Court of Protection. The ability to apply to the Court of Protection is one of the most important powers that is available to local authorities in the adult protection context. As such, it is unsurprising that safeguarding concerns are at the heart of a significant proportion of welfare applications made by localauthorities.
THE ROLE OF LOCAL AUTHORITIES IN HOUSING SUPPLY By the Autumn Budget 2017, this target had increased to 300,000. In the White Paper, the main role of local authorities in boosting housing supply was identified as strategic, in enabling the private sector to deliver much needed new homes using their planning powers. This article explores three alternative roles for councils in boostingFAILURE TO PROTECT
Failure to protect. The Court of Appeal has provided some useful guidance on what might or might not constitute “failure to protect” when a child had been injured by another, writes Sarah Fahy. In L-W Children EWCA Civ 159 the Court of Appeal was concerned with L aged 4 years who had suffered serious non-accidentalbruising.
TO BE OR NOT TO BE … A LOOKED AFTER CHILD To be or not to be a looked after child. The Court of Appeal has issued an important judgment on the status of placements of children with relatives that were made before 1 April 2011 and whether the carer is entitled to a fostering allowance. Sally Gore analyses the ruling. Local authorities have grown used to grappling with thedecision
ENFORCING S106 AGREEMENTS Discharging s106 agreements. Section 106A of the Town and Country Planning Act 1990 allows for a person bound by a section 106 agreement to apply to the local planning authority to have the obligation discharged. The local planning authority should discharge theobligation if
DEFENDING EPA 1990 PROSECUTIONS: SERVICE OF NOTICES Defending EPA 1990 prosecutions: service of Notices. Josephine Henderson analyses a key defence available to landlords to claims under the Environmental Protection Act. This article considers just one of many potential defences to a summons issued in the Magistrates Court by solicitors on behalf of a complainant (‘C’), usually atenant, for
UNLICENSED HMOS AND LIABILITY Issue 2. Section 72 (1) of the HA 2004 provides that ‘a person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part () but is not so licensed’. A person who commits an offence under sections 72 (1) or 72 (2) is liable on summary conviction to a fine (see section 72 (7)). ALCOHOL AND CAPACITY Alcohol and capacity. A recent case heard by the Vice President of the Court of Protection, Hayden J, raises three important points about the interpretation and application of sections 2 and 3 of the Mental Capacity Act 2005 (‘MCA’) in the context of alcohol addiction, writes Tony Harrop-Griffths. These points from London Borough of Tower FRAMEWORK AGREEMENTS AND DIRECT AWARDS Regulation 33 (8) (a) of the Public Contracts Regulations 2015 (PCR 2015) sets out the criteria for making a direct award: all the terms governing the provision of the works, services and supplies concerned are set out in the framework agreement, and. the objective conditions for determining which of the suppliers on the framework agreement SELLING FOOD AFTER ITS "USE BY" DATE Selling food after its "use by" date. The High Court has ruled that offering food for sale after its labelled “use by” date is prima facie a criminal offence. Hazel Jackson examines the background to the ruling and looks at its implications. On 6 April 2020, the High Courtin
SAFEGUARDING AND THE COURT OF PROTECTION Safeguarding and the Court of Protection. The ability to apply to the Court of Protection is one of the most important powers that is available to local authorities in the adult protection context. As such, it is unsurprising that safeguarding concerns are at the heart of a significant proportion of welfare applications made by localauthorities.
THE ROLE OF LOCAL AUTHORITIES IN HOUSING SUPPLY By the Autumn Budget 2017, this target had increased to 300,000. In the White Paper, the main role of local authorities in boosting housing supply was identified as strategic, in enabling the private sector to deliver much needed new homes using their planning powers. This article explores three alternative roles for councils in boostingFAILURE TO PROTECT
Failure to protect. The Court of Appeal has provided some useful guidance on what might or might not constitute “failure to protect” when a child had been injured by another, writes Sarah Fahy. In L-W Children EWCA Civ 159 the Court of Appeal was concerned with L aged 4 years who had suffered serious non-accidentalbruising.
TO BE OR NOT TO BE … A LOOKED AFTER CHILD To be or not to be a looked after child. The Court of Appeal has issued an important judgment on the status of placements of children with relatives that were made before 1 April 2011 and whether the carer is entitled to a fostering allowance. Sally Gore analyses the ruling. Local authorities have grown used to grappling with thedecision
ENFORCING S106 AGREEMENTS Discharging s106 agreements. Section 106A of the Town and Country Planning Act 1990 allows for a person bound by a section 106 agreement to apply to the local planning authority to have the obligation discharged. The local planning authority should discharge theobligation if
DEFENDING EPA 1990 PROSECUTIONS: SERVICE OF NOTICES Defending EPA 1990 prosecutions: service of Notices. Josephine Henderson analyses a key defence available to landlords to claims under the Environmental Protection Act. This article considers just one of many potential defences to a summons issued in the Magistrates Court by solicitors on behalf of a complainant (‘C’), usually atenant, for
LOCAL AUTHORITY INJUNCTIONS AGAINST “PERSONS UNKNOWN Ranjit Bhose QC analyses the recent High Court ruling on "Traveller Injunctions" and "persons unknown". In a 129-page judgment the High Court has held in London Borough of Barking and Dagenham and Others v Persons Unknown, London Gypsies and Travellers intervening EWHC 1201 (QB) that the Court cannot grant a claimant local authority final injunctive relief against two forms of OMBUDSMAN CRITICISES COUNCIL AFTER BOY FORCED TO STAY IN A Derbyshire boy had to stay in primary school for an extra year because the council did not update his Education, Health and Care (EHC) Plan on time, the Local Government and GDPR, CLASS ACTIONS AND THE RIGHT TO COMPENSATION GDPR, class actions and the right to compensation. The Court of Appeal recently overturned a High Court ruling and found that a claimant could serve an out of jurisdiction application against Google as part of a class action. Ibrahim Hasan examines the judgment. In November 2018 we reported the decision of the English High Court in the case ofFAILURE TO PROTECT
Failure to protect. The Court of Appeal has provided some useful guidance on what might or might not constitute “failure to protect” when a child had been injured by another, writes Sarah Fahy. In L-W Children EWCA Civ 159 the Court of Appeal was concerned with L aged 4 years who had suffered serious non-accidentalbruising.
THE OIA AND JUDICIAL REVIEW Principle 1. The OIA is subject to judicial review, but the courts should have regard to the expertise of the OIA, and few claimants will be granted permission to bring a judicial review claim. Principle 1 is borne out in the statistics: four out of five Claimants are refused permission to bring their claim. OPERATING A DYNAMIC PURCHASING SYSTEM The invitation to tender (ITT) must be sent to all DPS suppliers simultaneously, in writing, using an electronic system. Where the DPS has been set up using categories then the contracting authority can send the ITT to DPS suppliers admitted to the relevant category to which the contract relates. The use of categories is discussed in myfirst
WHAT IS AN INTRODUCTORY TENANCY? The Housing Act 1996 (HA 1996) introduced the concept of the introductory tenancy for local housing authorities (LHAs) and housing action trusts, with the statutory framework set out in HA 1996, Pt V, Ch 1 (Conduct of Tenants). The purpose of the introductory tenancy is to enable a social housing provider to elect to operate a schemewhereby
VOLUNTARY TRANSPARENCY NOTICES A voluntary transparency notice (also known as a ‘voluntary ex ante transparency notice’ or ‘VEAT notice’) is used in limited circumstances arising under the Public Contracts Regulations 2015, SI 2015/102, Pt 3. A voluntary transparency notice may be published by a contracting authority where a contract has been awarded without prior BIODIVERSITY NET GAIN Biodiversity net gain ('BNG') is both an approach and an outcome. It involves not only avoiding or mitigating harm to natural areas, but also seeking to improve them through the creation or enhancement of habitats over and above what is there already. This will require baseline assessment of existing habitats on a given site and evidenceto
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__ HomeEducationHealthcareHousingLocal GovernmentMarketplaceJobsCourses and Events— Category View— Location View— Calendar View— List all eventsSearch COVERT RECORDINGS BY EMPLOYEES A common question that is often asked by employers is what can they do if their employee has covertly recorded a meeting. James Barron explains the options. Read moreNEWS
July 26, 2019
GUILDFORD COUNCILLORS’ VOTE £20K FOR LOCAL PLAN REVIEW Guildford Borough Council has voted to spend up to £20,000 on appointing a Queen’s Counsel to give a second opinion on whether its local plan is sufficiently robust in the event of it being challengedin the High Court.
July 26, 2019
DORSET HEALTHCARE CAMPAIGNERS DENIED FRESH JUDICIAL REVIEW OF NHSREORGANISATION
Campaign group Defend Dorset NHS has been refused a second judicial review of plans by the Dorset Clinical Commissioning Group to re-structure NHS service in the county.July 25, 2019
GOVERNMENT UNVEILS MEASURES TO END 'POOR DOORS' AND SEGREGATION IN MIXED-TENURE DEVELOPMENTS New measures to put a stop to the segregation of social housing residents in mixed-tenure developments were unveiled earlier this week by James Brokenshire in one of his last announcements as CommunitiesSecretary.
July 25, 2019
HIGH COURT HEARING OVER CLOSURE OF A&E SERVICES AT HOSPITAL SHELVED AFTER TRUST BOSSES AGREE TO CONSULTATION A High Court hearing into the suspension of accident and emergency services at The Friarage hospital in Northallerton has been vacated this week after management at the South Tees NHS Foundation Trust agreed to hold a full consultation into the decision.Jul 25, 2019
MAYOR OF LONDON DEFEATS JUDICIAL REVIEW CLAIM OVER REMOVAL OF EXEMPTION FROM CONGESTION CHARGE FOR PHV VEHICLESJul 25, 2019
COUNCIL TO APOLOGISE, PAY £2.4K AFTER TEENAGER WITH ANXIETY MISSED 14MONTHS OF SCHOOLING
Jul 25, 2019
OMBUDSMAN WARNS OF GAPS IN REDRESS IN SPECIAL EDUCATIONAL NEEDS SYSTEM IF PARENTS TAKE CASES TO TRIBUNALJul 25, 2019
JENRICK NAMED SECRETARY OF STATE FOR HOUSING, COMMUNITIES AND LOCALGOVERNMENT
Jul 24, 2019
BROKENSHIRE LEAVES MINISTRY FOR HOUSING, COMMUNITIES AND LOCALGOVERNMENT
Jul 24, 2019
LORD REED TO BECOME PRESIDENT OF THE SUPREME COURT AS THREE NEWJUSTICES ANNOUNCED
Jul 24, 2019
COMMUNITIES SECRETARY SETS OUT CIRCUMSTANCES IN WHICH UNITARY PROPOSALS WOULD BE CONSIDEREDJul 24, 2019
GENERAL OPTICAL COUNCIL NAMES THREE FIRMS TO £500K LEGAL SERVICESPANEL
Jul 23, 2019
SUPREME COURT HEARS PLANNING CASE ON COMMUNITY BENEFIT FUND IN FIRST EVER SITTING IN WALESJul 23, 2019
FOI REQUEST REVEALS THOUSANDS OF KNIVES BEING CONFISCATED AT LONDONFAMILY COURTS: BBC
Jul 23, 2019
MINISTRY CONSULTS ON IMPLEMENTING DECISION TO END ‘NO-FAULT’EVICTIONS
Jul 23, 2019
TLT HAILS PUBLIC SECTOR APPOINTMENTS AS DRIVER FOR GROWTH IN 2018/19More News
FEATURES AND ANALYSISAugust 02, 2019
COMPULSORY PURCHASE AND CERTIFICATES OF APPROPRIATE ALTERNATIVEDEVELOPMENT
The Upper Tribunal (Lands Chamber) has recently heard an appeal against a certificate of appropriate alternative development issued by a planning authority. Brendon Lee reports on the ruling.August 02, 2019
LOCAL AUTHORITY COMPANIES – THE IMPORTANCE OF GOOD GOVERNANCE James Hawkins and Scott Dorling consider the key issues that councils must consider when setting up local authority companies.August 02, 2019
STATE AID, MEOP AND DISTRICT HEATING Karl Edwards analyses a recent ruling that gives guidance on applying the market economy operator principle to district heating schemes.August 02, 2019
APPROACHES TO LOCAL HOUSING NEED National policy regarding the ‘Standard Method’ has recently been dis-applied in Central Bedfordshire, writes Alexander Booth QC.August 02, 2019
PLANNING OBLIGATIONS, JUDICIAL REVIEW AND STATUTORY CHALLENGES The High Court has quashed the grant of planning permission in a case involving a mosgue in Brent. Charles Streeten explains why.July 26, 2019
HYPOTHETICAL ARGUMENTS AND THE PLANNING COURT Two recent Planning Court decisions have re-examined the extent to which the Planning Court is prepared to become involved in claims which raise purely “academic” arguments. Tim Willis reports on theoutcome.
July 26, 2019
CLOSURE OF CHILDREN'S CENTRES, CONSULTATION AND THE SUFFICIENCY DUTY A county council recently defeated a judicial review challenge over closure of 19 out of 35 children’s centres. James Goudie QC sets out the key elements of the ruling.SPONSORED EDITORIAL
*
HIGH COURT ENFORCEMENT FOR LOCAL AUTHORITIES High Court enforcement services can be useful for local authorities in several circumstances. The Sheriff's Office outlines the main circumstances when local authorities may need to use enforcement services and the procedures they will need to follow when they do.*
THE LEGAL WORLD’S “PERFECT” SOLUTION TO PAPER-BASED WORKING THATIS ANYTHING BUT!
In the legal world PDFs are often seen as the ideal replacement for paper-based systems. But as many have discovered digital workflows underpinned by PDFs come with their own set of challenges.MORE NEWS
Jul 22, 2019
MOTORCYCLISTS FAIL IN COURT OF APPEAL ACTION OVER MAKING OF ROAD TRAFFIC REGULATION ORDERJul 22, 2019
COUNCIL DEFEATS JUDICIAL REVIEW CHALLENGE OVER CHANGES TO SCHOOL TRANSPORT AND SEN TRANSPORT POLICIESJul 22, 2019
HIGH COURT TO HEAR APPLICATION FOR PERMISSION FOR CHALLENGE TO TESTS OF 4-5 YEAR OLDS IN FIRST SIX WEEKS OF SCHOOLJul 22, 2019
FURTHER EDUCATION GROUP TO PROCURE FIXED PRICE, OUTSOURCED LEGALSERVICES
Jul 19, 2019
SOUTHWARK COUNCIL BECOMES LATEST LONDON BOROUGH TO BACK INTRODUCTIONOF LATE NIGHT LEVY
Jul 19, 2019
OMBUDSMAN INVESTIGATION SEES COUNCIL PAY £22K TO MOTHER OF AUTISTIC MAN WHO MISSED MOST OF HIS SECONDARY EDUCATIONJul 19, 2019
OMBUDSMAN TELLS COUNCILS TO BE CLEAR ON PURPOSE OF VISITS TO HOME-SCHOOLED CHILDRENJul 19, 2019
CHANCERY LANE ISSUES 2019 EDITION OF LAW SOCIETY CONVEYANCING PROTOCOLJul 17, 2019
GOVERNMENT TO REMEDY UNLAWFUL DIFFERENCE IN TREATMENT ACROSS RANGE OF PUBLIC SECTOR PENSION SCHEMESJul 17, 2019
COUNCIL TO CONDUCT UNMET DEMAND SURVEY AFTER COURT OVERTURNS REFUSALOF 13 TAXI LICENCES
Jul 17, 2019
1GC FAMILY LAW STRENGTHENS CHILDREN LAW AND COP TEAMS WITH DOUBLE HIREJul 17, 2019
LONDON BOROUGHS LEGAL ALLIANCE FIRES GUN ON RE-PROCUREMENT OF £55M BARRISTERS FRAMEWORKJul 17, 2019
WEST MIDLANDS COMBINED AUTHORITY TO REDEFINE ‘AFFORDABLE HOUSING’Jul 16, 2019
LONDON LAW CENTRE BECOMES LATEST TO SHUT ITS DOORS OVER FUNDINGSHORTFALL
Jul 16, 2019
SOCIAL WORKERS BODY EXPRESSES CONCERN AT POSSIBLE BREACHES OF CONFIDENTIALITY IN REPORTING OF FAMILY COURTSJul 16, 2019
COUNCIL OBTAINS TEMPORARY INJUNCTION TO PROTECT 158 SITES IN BOROUGH FROM ILLEGAL ENCAMPMENTSJul 16, 2019
INFORMATION COMMISSIONER CONSULTS ON UPDATED CODE OF PRACTICE FOR DATASHARING
Jul 16, 2019
EU BODY TO WITHDRAW APPEAL OVER IMPACT OF BREXIT ON LEASE AFTER REACHING DEAL WITH CANARY WHARFJul 16, 2019
SHOOSMITHS ADVISES DISTRICT COUNCIL ON £7M+ BUSINESS PARK UNITACQUISITION
Jul 15, 2019
GOVERNMENT TO IMPOSE LEGAL DUTY ON PUBLIC BODIES TO TACKLE SERIOUSVIOLENCE
Jul 15, 2019
SUPREME COURT TO HEAR KEY CASE ON VILLAGE GREENS AND LAND HELD BYPUBLIC AUTHORITIES
Jul 15, 2019
LAW CENTRES NETWORK SECURES NEARLY £500K IN NATIONAL LOTTERY FUNDING TO BOOST DIGITAL CAPABILITIESJul 15, 2019
GLAISTER-YOUNG ARRIVAL BOOSTS 42 BEDFORD ROW FAMILY TEAMJul 15, 2019
LOCAL GOVERNMENT ASSOCIATION ISSUES GUIDE FOR COUNCILLORS ON PROTECTION AGAINST INTIMIDATIONJul 12, 2019
COUNTY COUNCIL DEFEATS JUDICIAL REVIEW CHALLENGE OVER CLOSURE OF 19 OUT OF 35 CHILDREN’S CENTRESJul 12, 2019
MOST LOCAL ENTERPRISE ZONES HAVE FAILED TO SIGNIFICANTLY IMPROVE EMPLOYMENT: RESEARCHJul 12, 2019
VILLAGE GREEN 'FIVE YEAR DELAY' CLAIM WITHDRAWNJul 11, 2019
CHIEF CONSTABLE TO PURSUE JUDICIAL REVIEW OF SCHEME REQUIRING ALL NEW POLICE OFFICERS TO OBTAIN DEGREEJul 11, 2019
OXFORD BECOMES FIRST AUTHORITY TO SIGN UP TO 'COUNCILS FOR FAIR TAX DECLARATION', CALLS FOR PROCUREMENT LAW CHANGESJul 11, 2019
COURT OF APPEAL TO HEAR APPEAL NEXT WEEK OVER COUNCIL BAN ON VIGILS OUTSIDE ABORTION CLINICAll news
MORE FEATURES
July 26, 2019
COMMITTAL APPLICATIONS IN FAMILY PROCEEDINGS Phil Booth addresses apparent defects in the standard form used in committal proceedings and the factors that may apply if the court is invited to exercise its discretion to waive such defects.July 26, 2019
MAKING AN EXCEPTION TO A CUMULATIVE IMPACT POLICY Southwark Council recently granted a 3am premises licence for a new live music venue as an exception to its cumulative impact policy. Gary Grant examines the reasons why.July 26, 2019
COVERT RECORDINGS BY EMPLOYEES A common question that is often asked by employers is what can they do if their employee has covertly recorded a meeting. James Barron explains the options.July 26, 2019
ENTITLEMENT TO PERSONAL INDEPENDENCE PAYMENTS The Supreme Court has this month considered an appeal over entitlement to Personal Independence Payments. Leon Glenister explains the ruling.July 26, 2019
DOLS, INQUESTS AND ARTICLE 2 ECHR Does a DoLS automatically engage Article 2 of the European Convention on Human Rights at inquest? Jessica Swift and Martin English examine the impact of a recent Divisional Court ruling.July 26, 2019
TIPS FOR DEALING WITH LITIGANTS IN PERSON Emma Marshall provides some tips to bear in mind when dealing with Litigants in Person and a reminder of a number of pieces of guidance, to assist in-house teams in dealing with Litigants in Person in disputes or court/tribunal proceedings.July 19, 2019
CAPACITY AND SEXUAL RELATIONS – TRYING TO MAKE IT PERSONAL Alex Ruck Keene analyses the latest Court of Protection ruling on capacity and sexual relations.July 19, 2019
SECTION 73 TCPA: A GUIDE Richard Kimblin QC provides a short practical guide to section 73 of the Town and Country Planning Act in the light of a recent Supreme Court ruling involving Lambeth Council.July 19, 2019
TRANSFER AGREEMENTS AND OVERAGE PAYMENTS A local authority recently succeeded in a summary judgment application in relation to overage payments due under a transfer agreement. Lina Mattsson explains how.July 19, 2019
PSPOS AND LEGAL AID
Liberty has failed to secure legal aid for a challenge to a public spaces protection order. Kuljit Bhogal explains why.PrevNext
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