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Service of documents in civil proceedings: A lesson in getting it right

Sep 10, 2021
Lynsey Oakdene and Kathryn Vickers highlight a recent judicial review case in which the claim form was set aside because it was served late and the court declined to exercise its case management powers.

Mandatory Vaccination for Care Home Workers in England – Update

Sep 09, 2021
Rachel Murray-Smith and Francesca Gallagher look at the detail of the government's guidance on compulsory vaccination for care staff.

Placing children in Scotland

Sep 09, 2021
What do English local authorities need to know when placing a child in Scotland? Ellen Crofts and Lucia Clark explain.

LEPs and public funding

Sep 09, 2021
A Government review of Local Enterprise Partnerships is expected to lead to significant changes in how public funding is delivered in England, write Jonathan Branton and Alexander Rose.

Another month, another immunity case. Another question ducked by the court?

Sep 09, 2021
Roderick Morton analyses an appeal against a decision of an inspector to dismiss the appellant's appeal against an enforcement notice issued by a council in respect of the unauthorised conversion of a property into two flats.

Notification to the biological father

Sep 09, 2021
Fran Massarella reports on an appeal against an order refusing a mother’s application for permission to dispense with the requirement for the local authority to give notice of the proceedings to the child’s biological father.

Capacity and the limits of decision-specificity

Sep 09, 2021
Alex Ruck Keene examines what can be learned from a Court of Protection judge's ruling on whether a woman had capacity in a range of areas.

Education authorities can resist requests for statement in appropriate circumstances

Sep 09, 2021
John Roberts explains how an education authority sought to resist an appeal in the Special Educational Needs Tribunal for Wales (‘Tribunal’).

Homelessness and eligibility

Sep 07, 2021
This LexisNexis Local Government practice note, produced in partnership with Iris Ferber of 42 Bedford Row, provides comprehensive and up to date legal information covering the eligibility of applicants for housing assistance.

Where are you? The “missing” witnesses and drawing an adverse inference

Sep 06, 2021
Andrew Lane reports on a recent trial of a possession claim where the issue of adverse inferences was raised.

What is climate change litigation?

Sep 02, 2021
The following LexisNexis Environment practice note produced in partnership with Katharina Theil of Leigh Day and Richard Lord QC of Brick Court Chambers provides comprehensive and up to date legal information on the rise of climate change related litigation.

Looked after children and secure accommodation after 9 September

Sep 02, 2021
David Lock QC considers the looming crisis for children in local authority care being deprived of their liberty. What should local authorities do for looked after children in secure accommodation on 9 September?

Challenge to Cherwell Local Plan review dismissed

Sep 02, 2021
Jenny Wigley QC, Leon Glenister and Rupert Warren QC examine the High Court’s dismissal of a challenge to the Cherwell Local Plan review.

Staying away from work because of Covid: a trap for employers?

Sep 02, 2021
Hari Menon looks at the problems that arise for employers where an employee stays away from work, pointing to the risks to his health from potentially contracting Covid.

Electric vehicles and landowners – it’s time to get plugged in!

Sep 02, 2021
David Hobbs looks at some key issues for public sector landowners to consider when providing electric vehicle charging points.

Revocation of adoption orders

Sep 02, 2021
The Court of Appeal recently heard an appeal against an order dismissing an application by the birth mother of three children to revoke an adoption order made in respect of those children. Fran Massarella looks at the outcome.

Auxiliary aids and reasonable adjustments: a reminder

Sep 02, 2021
Charles Pigott considers the lessons of a recent ruling on the third element of the duty to make adjustments.

How to get section 21 and deposits right

Sep 02, 2021
Iris Ferber and Andrew Carter discuss how to navigate the numerous rules in play in regards to deposits and section 21 notices.

Intercountry Adoption – a Birds Eye View of Legal Landscape focusing on Local Authority duties in these complex cases - LexisNexis

Aug 27, 2021
Ruth Cabeza, barrister and author of the text, International Adoption, from Harcourt Chambers and Joy Hopkinson, Principal Social Care Lawyer from London Borough of Lambeth, discuss the issues for local authorities dealing with overseas placements both in a private and public law context.

Public Law Proceedings and the 1996 Hague Convention

Aug 26, 2021
Henry Setright QC and Chris Barnes consider a recent decision of the High Court examining the use of the 1996 Hague Convention in the context of public law proceedings.

Long COVID: What is it and how should employers deal with it?

Aug 26, 2021
Andrew Rayment, Laura McLellan and Kendel Shepherd look at the issues created by Long Covid and set out some practical steps for employers.

Forced academisation

Aug 26, 2021
Can the Department for Education force schools to academise? Laura Sherratt analyses a recent High Court ruling.

Litigation Friend appointments and costs

Aug 26, 2021
The High Court has ordered that a Defendant is not liable for costs incurred arising from a dispute over who the Litigation Friend should be. Sean Linley reports.

Commercial leases and unpaid rent

Aug 26, 2021
Are we turning a corner? Priya Sejpal examines the Government Policy Statement on COVID-19 enforcement and rent recovery restrictions for commercial leases.

Fuzzy and uncertain boundaries

Aug 26, 2021
David Nuttall looks at the implications for the law of boundaries from a recent High Court ruling.

Gambling law: at-a-glance guide

Aug 26, 2021
This LexisNexis Local Government practice note produced in partnership with Carl Rohsler of Memery Crystal provides comprehensive and up to date legal information covering the legal issues most pertinent to the gambling industry.

Make your mind up! Liquidated Damages clause upheld despite Employer’s challenge

Aug 26, 2021
In the recent case of Eco World Ballymore (EWB) v Dobler[1] , an Employer took the unusual position of challenging their own entitlement to liquidated damages (LDs) on the ground that the LDs provision constituted an unenforceable penalty clause. Clare Mendelle and James Goldthorpe investigate.

Revocation orders, compensation and judicial review

Aug 19, 2021
A council has avoided liability for compensation for the effects of a rare “revocation order” made by them to revoke a planning permission granted in error for residential development by launching a Councillor-led judicial review of the grant after the revocation order proceedings had commenced. Meyric Lewis explains what happened.

Disclosure in without-notice injunctions

Aug 19, 2021
A recent County Court case offers a reminder of the importance of being thorough and objective while discharging the duty of disclosure in without-notice injunctions, writes John Murray.

Discharging medically fit children from hospital during a shortage of accommodation

Aug 19, 2021
Gemma Brannigan explains how two NHS Trusts recently obtained a High Court Order to require a child to be removed from hospital.

Local authority failings: a way out?

Aug 19, 2021
Natalie Cross looks at the lessons to be learned from a ruling where a High Court judge was heavily critical of a local authority in care proceedings.

Road investment and climate change

Aug 19, 2021
The Government’s £27bn Road Infrastructure Strategy has been found to be lawful. John Litton QC and Andrew Byass analyse the High Court’s ruling.

The Road Infrastructure Strategy and climate change

Aug 19, 2021
The Government’s £27bn Road Infrastructure Strategy has been found to be lawful. John Litton QC and Andrew Byass analyse the High Court’s ruling.

Defending nuisance claims

Aug 19, 2021
Stuart Whitehead reports on how a social landlord successfully defended a case brought by a tenant involving an alleged infestation of a property.

Discrimination claims: the burden of proof

Aug 19, 2021
The Supreme Court has confirmed that claimants bear the initial burden of proof to establish a prima facie case in discrimination claims. Hilary Larter, Zoë Wigan and Ceri Fuller examine the ruling.

Delivering 21st-century customer experience in the public sector

Aug 19, 2021
Rachel Buchanan examines how legal teams should support their authorities in delivering tailored services at a time of restrained resources.

Are Collateral Warranties Construction Contracts? Timing is Key.

Aug 19, 2021
Clare Mendelle and Anna Sidebottom examine the recently decided case of Toppan v Simply[1], which has provided guidance on when collateral warranties may be considered “construction contracts” under the Housing Grants, Construction and Regeneration Act 1996 and so give the warranty holder the right to adjudicate.

The fit and proper person test and acquittals in the criminal courts

Aug 17, 2021
An appeal court has recently considered a taxi driver’s licence revocation after his acquittal in criminal courts. Gary Grant explains the outcome.

Climate emergency or climate catastrophe?

Aug 12, 2021
Rob Hann asks how central & local government departments and councils can work together more effectively to combat the challenges to achieve net zero by 2050.

Defined parts of the land and breaches of planning conditions

Aug 12, 2021
The Court of Appeal has confirmed the approach taken in St Anselm to the breach of conditions, writes George Mackenzie.

Authorising unregistered care and deprivation of liberty

Aug 12, 2021
Martin Downs analyses the Supreme Court’s judgment on the use of the inherent jurisdiction to authorise the deprivation of liberty of children in alternative restrictive placements by a local authority in cases where an approved secure children’s home is unavailable.

How not to conduct a placement application (part 2)

Aug 12, 2021
Rebecca Cross looks at a Court of Appeal ruling in a case where the ADM [agency decision maker] failed to carry out their duties properly.

The Stonehenge Tunnel case: heritage impacts and consideration of alternatives

Aug 12, 2021
A High Court judge recently quashed the approval of the Stonehenge Tunnel. Victoria Hutton, Rose Grogan, Christiaan Zwart and Richard Harwood QC examines the ruling.

Local authority leisure provision in a time of Covid

Aug 12, 2021
Craig Elder looks at the lessons for local authorities in relation to leisure provision during the pandemic and considers the way forward.

Confidential information and subject access disclosure

Aug 12, 2021
Matthew Alderton reports on a case where a council was entitled to final injunctive relief to prevent the defendant from using confidential information that had been disclosed inadvertently.

Licensing committees and procedural defects

Aug 05, 2021
A recent High Court decision is a timely reminder of the principle that procedural requirements are there to further the interests of justice, writes Gerald Gouriet QC.

Cyber-attacks, data breaches and causes of action

Aug 05, 2021
A recent High Court claim was based on a core allegation that the defendant had failed to protect the claimant’s data from a cyber-attack. Peter Wake looks at the lessons to be learned.

Some other substantial reason

Aug 05, 2021
Peter Doughty looks at the lessons to be learned from a recent Inner House Court of Session case on 'some other substantial reason'.

The Supreme Court on Mount Cook costs

Aug 05, 2021
The Supreme Court has dismissed an appeal by CPRE against the recovery of multiple sets of Acknowledgement of Service (“AoS”)/ summary grounds costs at the permission stage in judicial and statutory review cases. James Maurici QC and Jacqueline Lean explain why.

The Public Law Outline 2014

Aug 05, 2021
The following Family practice note provides comprehensive and up to date legal information covering the operation of the Public Law Outline 2014 during the Covid-19 Pandemic.
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