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September 08, 2017

Report on highways contract litigation costing county £20m+ criticises documentation

A report into Cumbria County Council’s termination of a highways maintenance contract and subsequent litigation that cost the local authority £26m between 2012 and 2017 has criticised the contract documentation. Read more

Featured articles

The Court of Appeal on the Care Act 2014

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The Court of Appeal has for the first time examined the provisions of the Care Act 2014. Andrew Sharland analyses the ruling.

Are housing associations public or private?

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Catherine Rowlands looks at some of the issues that arise around the status of housing associations.

Dwellings and protection from eviction

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A High Court judge has recently considered whether an appellant occupied a property as a ‘dwelling’ and whether a notice to quit was valid. Toby Vanhegan explains the outcome.

Free-standing sustainable development assessment a mistake

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A Planning Court judge has set out propositions for cases involving paragraph 14 of the National Planning Policy Framework. Roy Pinnock highlights some of the key observations.

Good governance in a 'commercial council'

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As more and more authorities are following the ‘commercial council’ model, Richard Auton and Kate Webster outline and evaluate the risks that come with the rewards.

The wages of sin is: the ability to rely on Section 12

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Christopher Knight analyses a recent freedom of information case on costs limits and public authorities' record-keeping.

Free-standing sustainable development assessment a mistake

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A Planning Court judge has set out propositions for cases involving paragraph 14 of the National Planning Policy Framework. Roy Pinnock highlights some of the key observations.

The ACV regime and planning

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Anthony Gill explores the increasing importance of planning considerations in decisions of the First Tier Tribunal.

New cases, old law: Verdin, Cumberlege

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Simon Ricketts reports on two significant rulings this month that will be of interest to planning practitioners.

Security of tenure and settled accommodation

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Mathew McDermott discusses how relevant, if at all, the questions of hindsight and one’s own understanding of one’s security of tenure are when looking at whether or not accommodation is ‘settled’.

Have you considered alternatives to suspension?

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The High Court has held that by automatically suspending a teacher, a school had acted in breach of contract entitling the teacher to resign and make a claim for wrongful dismissal. Harmajinder Hayre examines the ruling.

Predecessor bodies and liability for contaminated land

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A Court of Appeal judgment has wide ramifications for local authorities in relation to their liabilities under the contaminated land regime, writes Anna Fellows.

GDPR and employee surveillance

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Ibrahim Hasan looks at the challenges for local authorities around employee surveillance and the prospect of GDPR.

S.182 guidance – not the easiest read

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Andy Woods looks at Chapter 16 of the section 182 Guidance under the Licensing Act 2003 and notes that anyone who wants guidance on this subject will have to be a patient reader.

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