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Interpretation of lawful use certificates

Feb 14, 2020
Michael Rudd analyses the outcome of a recent case concerning the applicability of the familiar interpretative principles of planning permissions to lawful development certificates.

Coronavirus, public health and coercive powers

Feb 14, 2020
The UK Coronavirus regulations contain legal powers to control a public health crisis. David Lawson looks at the key elements.

Employees and child protection issues

Feb 14, 2020
The Employment Appeal Tribunal recently considered whether a probation service officer who failed to disclose a child protection issue was fairly dismissed. Ceri Fuller, Zoë Wigan and Hilary Larter analyse the outcome.

How to be a judge of openness

Feb 14, 2020
A county council recently won a Supreme Court appeal over whether, as local planning authority, it properly understood the meaning of the word “openness” in the national planning policies applying to mineral working in the Green Belt. Harriet Townsend looks at the lessons to be learned.

Consulting on the reconfiguration of hospital services

Feb 14, 2020
The Court of Appeal last month rejected a challenge to reorganisation plans by two clinical commissioning groups in the North East. 39 Essex Chambers explains why.

Fluctuating capacity – another judicial take

Feb 14, 2020
A judge has set out a way forward for the Court of Protection to grapple with the difficult issue of fluctuating capacity, writes Alex Ruck Keene.

We need to talk about Section 73: The Lambeth and Finney cases

Feb 14, 2020
Michael Dempsey discusses whether two recent decisions are indicative of something more fundamental about section 73 and how it is used and understood in practice.

Obtaining possession of a secure tenancy

Feb 13, 2020
Housing Rogue Landlord 99725772 s 146x219
Produced in partnership with Karl King of Hardwicke Chambers, this LexisNexis Local Government guidance note provides comprehensive and up to date legal information covering the range of tenancy types for social housing and the processes involved in obtaining posession for each.

Green Space borough-wide preventative injunctions: the view from the Court of Appeal

Feb 07, 2020
Steven Woolf examines the Court of Appeal's recent decision and guidance on Green Space borough-wide preventative injunctions.

The power to quarantine

Feb 07, 2020
David Lawson considers the law and practice of quarantine – of individuals, of groups and of places, of the unwell and of the healthy.

Extending prior-approval time limits by agreement

Feb 07, 2020
The High Court has ruled that prior-approval time limits can be extended by agreement. Charles Streeten explains why.

Will local authorities become airspace planners?

Feb 07, 2020
Local authorities need to have a clear understanding of the legislation on drones and an enforceable policy in place or they are putting themselves at risk, write Richard Ryan and Chris Gee.

Cross-border cases and the inherent jurisdiction

Feb 07, 2020
A Court of Protection judge recently considered applications for welfare orders for a man in his sixties made by his children who had brought him back from Spain, against the wishes of his second wife. Sophy Miles analyses the outcome.

Local authority social care duties

Feb 06, 2020
The following Local Government guidance note, produced in partnership with Ros Ashcroft of DAC Beachcroft and Stephanie Townley of Addleshaw Goddard LLP provides comprehensive and up to date legal information covering local authority duties towards social care.

Houses in multiple occupation

Jan 31, 2020
This LexisNexis Local Government guidance note provides comprehensive and up to date legal information covering the management, licensing and definition of houses in multiple occupation (HMOs).

Private damages claim, public procurement context: Essential limitation advice

Jan 31, 2020
Gwendoline Davies and Lynsey Oakdene explain the key practical takeaways from an important case on public and private law claims arising out of public procurement.

RPRs, attorneys, BIAs and legal aid

Jan 31, 2020
A Court of Protection judge recently considered the question of the appointment of a relevant person's representative (RPR) in the context of attorneyship. Alex Ruck Keene examines the outcome.

Complying with duties under the Equality Act 2010

Jan 31, 2020
A recent Scottish case has emphasised that public authority duties under the Equality Act 2010 are not ‘a question of ticking boxes’, write Laura Thornton and Matthew Smith.

The Epping Forest SAC and grants of planning permission

Jan 31, 2020
Permission to bring a legal challenge over a grant of planning permission near the Epping Forest Special Area of Conservation has been rejected. Ashley Bowes explains why.

Allocation of risk in construction contracts

Jan 31, 2020
Rachel Murray-Smith and Oliver Slater look at the importance when entering construction contracts of the parties reflecting the allocation of risk.

A new beginning? – Enfranchisement valuation reform

Jan 29, 2020
The Law Commission has now published its report on options to reduce the price payable in lease extension and enfranchisement claims. William Bethune and David Zong analyse its findings.

New pre-action protocols for disrepair and possession claims

Jan 29, 2020
New pre-action protocols will bring clarity for disrepair and possession claims, writes Sian Evans, setting out the key changes.

Housing case law update: January 2020

Jan 29, 2020
Paul Lloyd and Sarah Christy round up recent cases from courts in England and Wales relevant to the housing sector.

Securing approval for selective licensing

Jan 29, 2020
David Smith considers the lessons to be learned from the Government's most recent decisions in relation to selective licensing schemes.

Community Infrastructure Levy reforms and registered providers

Jan 29, 2020
Lucy Worrall sets out some practical points for developing registered providers when it comes to the Community Infrastructure Levy.

Multi-storey residential buildings: the latest Government advice

Jan 29, 2020
Mark London, Michael Wharfe and Yaasica Hamilton-Haye examine advice issued last week by the Ministry of Housing, Communities and Local Government for owners of multi-storey and multi-occupied residential buildings.

The Monitoring Officer - changing approaches for a new decade?

Jan 24, 2020
Agility and speed of movement are qualities that both Monitoring Officers and their organisation will need to cultivate, writes Miranda Carruthers-Watt.

Unincorporated associations and public law claims

Jan 24, 2020
A High Court judge has found that unincorporated associations have capacity to bring public law claims. The ruling is potentially of wide application in public law cases, writes Jenny Wigley.

Complying with the MCA

Jan 24, 2020
A Court of Protection judge recently criticised a council for "chilling" failures to comply with the Mental Capacity Act. Sophy Miles explains why.

Section 73 changes – don’t let the Gremlins in

Jan 24, 2020
Roy Pinnock considers recent cases on Section 73 permsisions and examines the power to make non-material changes to planning permissions under section 96A of the Town and Country Planning Act 1990.

Climate emergency #6: have you thought about Procurement?

Jan 24, 2020
Phil Roberts and Matthew Mo set out how public procurement can play a role in tackling climate change.

Schools please note - annual reviews

Jan 24, 2020
Good preparation is key to the successful delivery of annual reviews of EHC Plans, writes Hayley Mason.

Agent of change planning appeals

Jan 24, 2020
The crossover between the licensing and planning regimes is growing and it is becoming less and less viable to administer either in a watertight compartment, writes Sarah Clover, after she successfully resisted an agent of change planning appeal.

Public procurement challenges require strict and swift approach

Jan 24, 2020
Gwendoline Davies and Lynsey Oakdene offer practical advice arising from a High Court decision in a recent public procurement challenge.

Legal privilege and the EIRs

Jan 24, 2020
A local authority was recently ordered to disclose legally privileged material under the Environmental Information Regulations 2004. Natasha Stay considers the ruling.

A tale of a whistleblower and two hats….

Jan 17, 2020
The Court of Appeal has recently considered for the first time whether alleged detriments against whistleblowers have to be suffered in their capacity as employees (or workers) rather than in any other personal capacity, and concluded that they do. Sarah Hooton reports.

Adult safeguarding and the Anti-social behaviour, Crime and Policing Act 2014

Jan 17, 2020
Kevin Chan explains how his local authority recently used the Anti-social Behaviour, Crime and Policing Act 2014 to safeguard a vulnerable man from abuse using a civil injunction.

(How) Can Planning Speed Up Delivery? Part 2

Jan 17, 2020
In Part 1 of a two-part series, Ralph Kellas considered the expectations and challenges around build out and some of the reforms proposed to address it. He now considers the implications of slow build out for local authorities and what they, and the planning system more broadly, can do to speed up delivery.

Places of learning

Jan 17, 2020
What is it like to work as an in-house solicitor in Higher Education? Sam McGinty reflects on the transition between local government and higher education and why he loves his job.

Climate emergency #5: have you thought about Funding and Investment?

Jan 17, 2020
With local authorities seeking to deliver on some of their declared priorities to address the climate emergency, attention is turning to how to fund some of the ideas and initiatives, writes David Hutton.

Diverse standards of parenting

Jan 17, 2020
The Court of Appeal recently rejected an appeal by a 'breatharian' mother against a special guardianship order. Georgina Dalton explains why.

Prosecutions of local authorities by the Care Quality Commission

Jan 17, 2020
In December 2019, the Care Quality Commission brought its first prosecution against a local authority. Lorna Kenyon said the case demonstrates the importance of considering whether to admit or contest a prosecution at an early stage.

Remedies in First-tier Tribunal discrimination claims

Jan 10, 2020
A recent Upper Tribunal decision has potentially far-reaching implications for schools considering excluding pupils with disabilities, write Tom Amraoui and Rachel Sullivan.

(How) Can Planning Speed Up Delivery? Part 1

Jan 10, 2020
In the first of two articles Ralph Kellas examines the factors behind slow' build out rates and analyses proposed ways to tackle the issue.

Elephant, Dove, Old Oak, RICS

Jan 10, 2020
It is time to return to fundamentals when it comes to the delivery of social housing, writes Simon Ricketts, as he reviews recent developments in relation to two major projects.

Tackling unregistered schools

Jan 10, 2020
Ambiguities in the legislation present problems for local authorities seeking to deal with "illegal schools", write Alice Mennell and Graham Burns.

Siblings in care proceedings

Jan 10, 2020
Kate Clarkson explores the issue of sibling contact in care proceedings and explains why it should be a higher priority.

Rectification of written contracts – a mistake corrected

Jan 10, 2020
Max Thorowgood and Jonathan Pennington Legh analyse a recent Court of Appeal ruling on the rectification of contracts.

Neurodiversity in the workplace: hidden disabilities

Jan 10, 2020
Mark Radford looks at recent cases on hidden disabilities and outlines some steps employers can take when dealing with neuro-diverse employees.

Grants of planning permission and consistency

Jan 10, 2020
A challenge to a district council’s decision on grounds of consistency was recently rejected. Saira Kabir Sheikh QC looks at the lessons of the case.
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