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May 23, 2018

Judge criticises SEN Tribunal for Wales for refusal to accept case

A judge has made withering criticisms of the Special Educational Needs Tribunal for Wales, which he said had been wrong both to refuse to accept a case for appeal and to try to influence him as to its merits. Read more

Featured articles

Disciplining councillors

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The High Court has handed down an important ruling on the obligation to discipline councillors under the code of conduct procedure. Richard Clayton QC and Jonathan Goolden look at the lessons for local authorities.

The Government on deprivation of liberty

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In an article for LexisPSL Local Government, Ben Troke, partner at Browne Jacobson LLP, discusses the government’s proposals in relation deprivations of liberty and assesses whether they go far enough.

Standards matter

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The Committee on Standards in Public Life is carrying out a review of local government standards. Dr Jane Martin explains what this involves, and sets out some of the key lessons learned so far.

Approaches to determining care budgets

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Jonathan Auburn looks at the lessons to be learned from an Ombudsman report into the way a council calculated an individuals's care under the Care Act.

Contract Law in the Supreme Court

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The Supreme Court recently considered the use of non-oral modification terms in written agreements. Michael Paget and Zoë Whittington examine the outcome.

DPIAs: when and how?

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Ibrahim Hasan looks at how data controllers can comply with the obligation to produce data protection impact assessments.

Imposing pre-commencement conditions

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Jane Linley looks at the effect of recently made regulations restricting local planning authorities from imposing pre-commencement conditions when granting planning permission.

Coroners and burial policy

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A coroner in London was recently defeated over her controversial ‘cab-rank’ burial policy. Shaheen Rahman QC explains why.

Time extension and ACAS EC

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In a case involving a borough council the Employment Appeal Tribunal has endorsed the sequential approach to time extension for ACAS EC (early conciliation), report Craig Ludlow and Sarah Bowen.

Homelessness and local connection

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LexisPSL Local Government, in partnership with Catherine Rowlands of Cornerstone Barristers, consider the issues around homelessness and local connection.

Variation of contracts and lack of protest

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A city council recently lost a Court of Appeal battle over whether several hundred of its employees were entitled to incremental pay increases from 2011 to 2013. Craig Ludlow and Sarah Bowen analyse the ruling.

Viability and affordable housing

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A High Court judge has given an important judgment on viability and affordable housing in London. Tim Buley examines the ruling.

Publicly held land and village greens

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The Court of Appeal has handed down a landmark judgment on use of publicly held land. Ashley Bowes, Jonathan Clay and Matthew Lewis consider the implications.

Cost liabilities for liability orders

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Michael Paget analyses an important ruling on recovery of the costs of unsuccessful challenges to liability orders.

Screening and mitigation measures

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A recent decision of the Court of Justice of the European Union will have implications for all nationally significant infrastructure and other projects that could affect protected environmental sites, writes Angus Walker.

Assisting the homeless

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LexisPSL Local Government, in partnership with Elizabeth England of 42 Bedford Row, look at how local authorities from 3 April are expected to assist the homeless.

Banning orders – how do they work?

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Christi Scarborough looks at new powers available from 6 April 2018, and the circumstances under which private landlords or letting and management agents might end up subject to an order.

Payment for being on stand-by

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Are workers entitled to be paid when on stand-by? Allison Cook reports on a significant ruling by the European Court of Justice.

Exercising delegated authority in planning

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A parish council recently enjoyed success in a legal challenge over a purported exercise of delegated authority. Meyric Lewis explains how.

The need to plead

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Andrew Williams examines the tort of misfeasance in public office and why a recent claim was struck out.

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