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Dealing with Hoarding during the Coronavirus crisis

Apr 07, 2021
There has been some focus on the effects of anti-social behaviour upon neighbours but what about cases such as hoarding where the main person affected is the hoarder themselves and the property? Anna Bennett looks at the options.

Too much, too soon

Apr 06, 2021
A High Court judge recently allowed an appeal against a decision of a Circuit Judge to dismiss a claim that an asylum seeker who had been accommodated by a local authority under the “Everyone In” scheme did not have an arguable case that he had been granted a secure tenancy. Justin Bates explains why.

Alternative dispute resolution and the Housing Ombudsman

Apr 05, 2021
The Housing Ombudsman has announced plans to publish individual determinations and reports based on complaints that it has reviewed. Matthew Lake examines the proposals.

Better late than never: round two

Apr 05, 2021
The Court of Appeal has confirmed that where a local authority makes a homelessness review decision late, that decision is valid notwithstanding its lateness, writes Alexander Campbell.

Can you decline to sponsor skilled workers under the new immigration rules?

Apr 01, 2021
Is there an obligation to consider resident workforce prior to employing migrants? Julie Bann and Aleksandra Wolek report.

New and repeat lessons from CIL appeal decisions

Mar 31, 2021
The flow of appeals against surcharges and deemed commencement dates under regulations 117 and 118 of the Community Infrastructure Levy Regulations 2010 to the Planning Inspectorate continues unabated. Christopher Cant looks at what can be learned.

Deprivation of liberty and writs of habeas corpus

Mar 31, 2021
The Court of Protection has court found that if a local authority does not apply for an order under the inherent jurisdiction, a parent can challenge the deprivation of liberty of their child in a specialist school by bringing a writ of habeas corpus. Joshua Swirsky analyses the ruling.

Approaches by bidders to payment

Mar 31, 2021
Jenny Beresford-Jones examines a procurement policy note, effective from the beginning of April, on taking account of a bidder’s approach to payment in the procurement of major contracts.

Mid-trial dismissal and withdrawal of allegations

Mar 31, 2021
Fran Massarella reports on a case which concerned an interim application to dismiss public law proceedings involving six children where there were numerous allegations of sexual abuse.

Complying with a deemed grant of planning permission under the GPDO

Mar 31, 2021
The High Court has quashed a planning inspector’s decision allowing the conversion of an industrial warehouse to flats. Charles Streeten explains why.

Coronavirus (COVID-19) - implications for property

Mar 30, 2021
The following Property practice note from LexisNexis provides comprehensive and up to date legal information covering the implications for landlords of the Covid-19 pandemic.

Housing case law update - March 2021

Mar 29, 2021
Paul Lloyd, Helen Gascoigne and Catherine Craven analyse the latest court rulings and Ombudsman investigations of interest to housing associations and local authorities.

From virtual to hybrid? The future of Council meetings

Mar 29, 2021
Richard Harwood QC OBE looks at the potential consequences of the government's decison not to extend the use of virtual meetings beyond 7th May.

Our treatment of the vulnerable

Mar 26, 2021
The pandemic has shone a powerful searchlight on to the unnecessarily damaged lives of too many of our most vulnerable people and children. In a paper given at a Royal Holloway University of London Symposium, Sir James Munby, former President of the Family Division, looks at the challenges facing the family justice system.

Transformation? Or transparency gone too far?

Mar 26, 2021
Kieran McGaughey provides a local authority view on the transparency obligations contained in the procurement Green Paper.

Diverting a footpath under section 119 of the Highways Act 1980

Mar 26, 2021
The Court of Appeal has recently considered the criteria for the diversion of a footpath, bridleway or restricted byway. Trevor Ward examines the ruling.

The impact of registration of land as a TVG on the pre-existing commercial activities of a landowner

Mar 26, 2021
A recent Supreme Court ruling on town and village greens leaves one question answered, another left hanging, writes Richard Wald QC.

The procurement Green Paper and selection of tenderers

Mar 26, 2021
Andrew Millross examines the proposals in relation to the selection (prequalification) of tenderers contained in the Green Paper: Transforming Public Procurement.

The Long Goodbye to the PFI

Mar 24, 2021
Rob Hann, Sharpe Pritchard’s Head of Local Government takes a look at the House of Common’s Public Account Committees’ recent report into the pending expiry of PFI contracts which contains some interesting recommendations….

Planning law update for local authorities: Planning challenges

Mar 22, 2021
Heather Sargent, Kimberley Ziya, Luke Wilcox and Alistair Mills consider the procedure of High Court planning challenges, before turning to two common topics which arise in challenges: heritage, and the interpretation of policy.

Section 117 After-care and Ordinary Residence

Mar 22, 2021
A High Court judge has held that a new interpretation of s.117 of the Mental Health Act 1983 advanced by the Health Secretary when determining an ordinary residence dispute was wrong, and quashed the minister’s determination. The judgment gives welcome clarification on how ordinary residence, under s. 117, operates, writes Lee Parkhill.

Brexit - key legislation explained

Mar 19, 2021
The following Public Law practice note produced in partnership with Dr. Kieran Laird of Gowling WLG provides comprehensive and up to date legal information covering the key legislation governing Brexit.

Changes to the Electronic Communications Code

Mar 19, 2021
The Department for Digital, Culture, Media and Sport has commenced a consultation on changes to the Electronic Communications Code 2017 (the “Code”). James Nelson, Lillee Reid-Hunt and Natasha Barlow report.

The Heat Networks (Scotland) Bill

Mar 19, 2021
Until last week the heat network sector in Scotland was not specifically regulated. The recent Heat Networks (Scotland) Bill seeks to rectify this by creating a regulatory framework and licencing system designed to encourage the increased use of heat networks.

Compulsory acquisition, Green Belt policies and undefined boundaries

Mar 19, 2021
The Court of Appeal has handed down a judgment on planning decisions relating to undefined boundaries of Green Belt land and cost orders in CAAD appeals. Oliver Capildeo examines the ruling.

Development of "isolated homes in the countryside"

Mar 19, 2021
The Court of Appeal has handed down an important judgment on “isolated homes” and national heritage policy, writes Melissa Murphy.

From 'MEAT' to 'MAT'

Mar 19, 2021
Andrew Millross examines a proposal in the Green Paper: Transforming public procurement to change the basis of contract awards from “most economically advantageous tender” (MEAT) to “most advantageous tender” (MAT).

Constraints on the right to express religious beliefs

Mar 19, 2021
A Christian man was dismissed from his posts as a non-executive director and a magistrate for expressing his views on homosexuality and same-sex couple adoption in public - was this considered discrimination? Lorna Scully analyses recent Court of Appeal rulings.

Collateral challenges

Mar 18, 2021
What is the place of collateral challenges in the contemporary administrative justice landscape? Lee Marsons and Yseult Marique report.

A step in the right direction

Mar 17, 2021
Rob Hann and Juli Lau outline Sharpe Pritchard’s response to the Government’s Green Paper on reforming the ‘outdated’ public procurement regime.

Court of Protection Q&A Series: 3

Mar 16, 2021
Sophie Hurst and Richard Borrett from Kings Chambers' Court of Protection team answer questions submitted live, primarily focussed on health & welfare law.

The LLG Grapevine 15th March

Mar 15, 2021
Deborah Evans, Dennis Hall and Helen McGrath from LLG discuss devolution, Judicial Review, GDPR, The CfGS's Governance Risk & Resilience Framework, gender equality, flexible working, Rule of Law and Test and Trace.

Transparency in the family courts

Mar 12, 2021
Ths following Family practice note from LexisNexis provides comprehensive and up to date legal information covering recent developments in the transparency of family court proceedings.

Judicial review, standing and interest in the outcome

Mar 12, 2021
A recent ruling has confirmed that applicants for judicial review must have a sufficient interest in the relief sought to have standing to bring the claim, write Sarah Salmon and Joshua Swirsky.

Children proceedings: control of documents

Mar 12, 2021
Francesca Massarella examines a recent appeal concerning the power of the Family Court to control the distribution of its judgments and of other documents filed for the purpose of the proceedings.

Reliance/inducement and misrepresentation by conduct

Mar 12, 2021
The Commercial Court has reviewed the test for reliance/inducement for misrepresentation by conduct in a case brought by local authorities against a major bank. Tim Lord QC and Kyle Lawson analyse the judgment.

Post COVID-19 child abuse litigation: A new future

Mar 10, 2021
Sharing their experiences and learning over the last 18 months, Leah Jones, Sarah Erwin-Jones and James Arrowsmith look beyond the immediate impact of COVID-19 and discuss the future of litigation including child abuse litigation.

Unregulated placements

Mar 09, 2021
Olivia Choudhury examines a case involving the use of an unregulated placement by Lancashire County Council and discusses the impact of such placements alongside possible reforms.

Life on the Edge!

Mar 08, 2021
Rob Hann
This week sees the launch of Sharpe Edge – the home of Sharpe Pritchard on Local Government Lawyer. We have created Sharpe Edge for local authorities who are looking for ways to help their communities rebuild and regenerate following the devasting impact of the Covid-19 Pandemic.

Teckal and Beyond….

Mar 08, 2021
In this article Rob Hann, Sharpe Pritchard’s Head of Local Government, takes a look at what isn’t covered in the recent Green Paper on Transforming the UK’s Public Procurement rules, namely the exception contained in regulation 12 of the Public Contracts Regulations 2015 (PCR 2015), commonly referred to as the Teckal exemption and asks whether Teckal is ‘fit for purpose’ in a post Brexit, post pandemic environment?

Planning and the way out of lockdown for leisure, hospitality and attractions

Mar 08, 2021
Richard Harwood OBE QC looks at the Local Government Secretary's recent comments on Covid planning and pavement licensing measures for the hospitality and leisure industry, and propooses some other changes that would help.

Covid testing in schools and data protection

Mar 08, 2021
Neil Murphy examines the data protection issues that arise with the return to school and the prospect of on-site tests for Covid.

Jurisdiction Clauses & Enforcing Adjudication Decisions

Mar 07, 2021
The case of Motacus Constructions Ltd v Paolo Castelli Spa [2021] EWHC 356 (TCC) confirms adjudication’s status as an interim-binding measure and reinforces its importance as a dispute resolution forum in the construction industry.

Use of confidential information in civil proceedings

Mar 05, 2021
This Dispute Resolution Practice Note from LexisNexis looks at the status and use of confidential information in civil proceedings including what confidential information is, how to protect confidential information and how confidentiality may be lost.

Unlawful deprivations of liberty and awards of damages

Mar 05, 2021
A judge recently upheld the award of damages of £143,000 for the unlawful deprivation of liberty of an incapacitous care home resident. Helen Curtis analyses the ruling.

Temporary approval of parents: Regulations 17 and 19

Mar 05, 2021
Stephen Williams examines the rules around temporary approval for parents and the overuse of s38(6) assessments.

When fixation becomes legal irrationality

Mar 05, 2021
John Pugh-Smith examines two recent judicial review challenges where judges have upheld a ground of 'irrationality'.

Late publication of contracts

Mar 05, 2021
David Mitchell examines a recent ruling that the late publication of coronavirus contracts by the Department of Health and Social Care was unlawful.

Proposals for a new procurement regulator

Mar 05, 2021
In a second briefing on the Government's Green Paper, Andrew Millross looks at the proposal for a new "body" to oversee procurement practice by all contracting authorities and the issues it raises for those bodies outside central government.

Procurement in an Emergency – Requirements for Transparency

Mar 05, 2021
Public procurement has never had such a high profile as it has in recent months and most especially since the decision in Good Law Project and Others v Secretary of State for Health and Social Care ([2021] EWHC 346 (Admin)). However, in practice, has anything changed?
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