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November 06, 2017

Campaigners apply for judicial review over hospital shake-up

Campaigners have applied to the High Court for judicial review over Calderdale and Huddersfield NHS Foundation Trust plans to shake up services. Read more

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Deprivations of liberty and 16-17 year olds

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Jonathan Cowen, Anita Rao and Eleanor Sibley consider a Court of Appeal ruling on the question of whether parental consent has any role to play in deprivation of liberty applications concerning 16-17 year olds.

Bringing PFI projects back in-house

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Rob Hann, who led the 4ps/Local Partnerships legal team throughout the PFI programme in local government, takes a look at Labour’s recent pledge that it will bring PFI contracts back in house if it gets into power.

Discrimination and religious beliefs

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A tribunal has rejected a claim of religious discrimination by a NHS non-executive director opposed to same-sex adoption. Catherine Casserley considers the judgment.

Obtaining interim relief

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Melanie Pears and Tim Care look at a recent court decision in of the European General Court, in response to a claim brought against the European Central Bank (ECB), for the award of a contract to a third party instead of the applicant.

Councils, VAT and outsourced management

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Simon Randall and Scott Harwood consider the implications for local authorities of a recent Court of Justice of the European Union decision in a VAT case involving the London Borough of Ealing.

Permission in principle: the key points

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Government guidance on permissions in principle for brownfield sites was published on 28 July and further guidance on 10 October. Liz Dunn and Sarah Sutherland look at the key points for local authorities and developers.

Homelessness update

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Sarah Salmon looks at recent Court of Appeal decisions that provide guidance on vulnerability under section 189(1)(c), Housing Act 1996; contracting out and the Public-Sector Equality Duty (PSED); and intentional homelessness - breaking the causal link.

Withdrawal of CANH

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Natasha Partos comments on the latest Court of Protection case on best interest decisions and the requirement for legal proceedings.

Separate but (not?) equal

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Ofsted recently won a high-profile Court of Appeal case over a Birmingham school’s practice of segregating boys and girls over the age of nine, despite it being nominally a mixed school. Richard O'Dair analyses the ruling.

Parental bereavement

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The Parental Bereavement (Pay and Leave) Bill had its second reading in the House of Commons on 20 October and its provisions should make life easier for bereaved parents at a very difficult time, writes Fiona Anthony.

Direct action: natural justice

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James Goudie QC examines a recent Planning Court challenge to a council's decision to take direct action under s.178(1) TCPA in order to demolish the claimants' dwelling house.

Making demands for a service charge

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A recent Court of Appeal case demonstrates how care is needed when making demands for a service charge, writes Sian Evans.

Green space injunctions: the next stage

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Where one local authority obtains protection in the form of a borough-wide injunction to prevent incursions onto its green spaces, a neighbouring borough becomes vulnerable to an increase in incursions. Steven Woolf explains what they should do.

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