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Curing a breach of the Public Sector Equality Duty in possession proceedings

Jan 15, 2021
Christian Grierson and Simon Kiely examine the impact of a High Court judge’s ruling on whether a breach of the public sector equality duty (PSED) can be cured in possession proceedings.

Occupiers and a failure to warn

Jan 15, 2021
Emma Woods examines a High Court ruling on whether a council was under a duty to warn that a cricket match was taking place.

Changing safeguards for children in care: the Article 39 case

Jan 15, 2021
David Gregory looks at a powerful recent Court of Appeal judgment on the consultation undertaken by the Government on changes to the delivery of children's services during the pandemic.

Age assessments 2020: a year in review

Jan 15, 2021
Donnchadh Greene provides an overview of some of the key legal cases in 2020 concerning age assessments and support for those whose age is disputed.

Anticipatory deprivations of liberty and autonomy

Jan 15, 2021
Anna Dannreuther analyses a recent judgment that discussed anticipatory deprivation of liberty orders in the context of prospective loss of capacity and the tension between respecting a young person’s autonomy and protecting them from harm when making best interest decisions.

One more time - multiple planning permissions

Jan 15, 2021
Mark Child analyses a recent Court of Appeal judgment involving a national park authority and what it means for sites with multiple planning permissions and the practice of ‘drop-in’ permissions.

Commencing criminal proceedings - applying for the issue of a summons

Jan 14, 2021
The following Corporate Crime practice note from LexisNexis provides comprehensive and up to date legal information covering the correct procedure for bring a criminal prosecution.

VAT’s the way I like it (if you’re the paying party)

Jan 14, 2021
Martin Carter explains the Court of Appeal’s decision in R (Friends of the Earth Limited) v Secretary of State for Transport [2021] EWCA Civ 13, which provides useful clarification on whether the Aarhus costs caps in the CPR are inclusive or exclusive of VAT.

The halt on evictions (again)

Jan 14, 2021
Amy Kelly analyses the latest prohibition on enforcement of some possession orders in England and Wales.

PPN 11/20 and reserving contracts for local suppliers - a sting in the tail for local authorities

Jan 13, 2021
Local authorities should be wary of reserving contracts for local suppliers, as recommended by a recent Procurement Policy Note, writes Andrew Millross. Other contracting authorities may want to maximise their use of this guidance.

A Tale of Two Cities: Different approaches in residential s.78 appeals

Jan 10, 2021
Paul G Tucker QC compares the approach and outcome in two appeals with very similar characteristics which give rise to a very different outcome as a result of residential appeals determined at the end of last year.

Green Paper: transforming public procurement law

Jan 08, 2021
Peter Ware, Rachel Whitaker, Michael Mousdale and Louise Bennett examine the proposed changes to procurement law set out in the government's green paper.

Limiting planning permission to that applied for

Jan 08, 2021
The Court of Appeal has confirmed that the use permitted must be limited to that applied for, write Saira Kabir Sheikh QC and Charles Streeten.

Covid-19 Regulations – the enforcement role of local authorities

Jan 08, 2021
Horatio Waller looks at defining the enforcement role of local authorities and best practice on ‘designating’ officers for enforcement purposes.

Remote meetings: planning for permanence

Jan 08, 2021
Ed Hammond looks at the benefits of remote meetings and the likelihood the arrangements facilitating them will be put on a permanent footing.

Insolvency influx – the upsurge of CVAs

Jan 08, 2021
James Nelson examines the rise in Company Voluntary Arrangements, analyses their impact on commercial leases and explains how landlords, including public bodies and local authorities, can respond.

When you lose an Article 4 direction

Jan 08, 2021
The Administrative Court recently upheld a conviction for failure to comply with an enforcement notice despite the council losing an Article 4 direction. Roderick Morton looks at the lessons to be learned.

Children’s Social Care Tracker

Jan 07, 2021
This tracker from LexisNexis is focused on children’s social care and is intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to coronavirus (COVID-19) and children’s social care, where relevant to local government lawyers.

The Environment Bill: Will it weaken or strengthen the UK’s environmental protections?

Jan 07, 2021
Stephen Tromans QC chairs a discussion of the key parts of the Environment Bill, looking particularly at developments over the Autumn and Winter.

Homes (Fitness for Human Habitation) Act 2018: Virtual workshop

Jan 07, 2021
Desmond Kilcoyne and Katherine Archer unpack the provisions in the Habitation Act 2018 and assess the significance of the new law.

Care and support for disabled and elderly people during ‘Lockdown 3’ in England – key legal considerations

Jan 06, 2021
Regulations introduced as part of the third national lockdown will have significant implications for people in need of care and support, their families and friends and professionals involved in their lives. Stephen Broach and Sian Davies analyse the current regulations.

Lockdown III: The Impact on Businesses

Jan 06, 2021
Gary Grant analyses the new regulations behind the government's latest national lockdown.

Local authorities and the Charter for Social Housing Residents

Jan 05, 2021
In a previous article on the social housing white paper – the Charter for Social Housing Residents, Scott Dorling considered the issue of stigma and the charter's ambitions (or potential lack there of) to tackle the stigma associated with social housing. He now examines the charter's specific impacts on local authority landlords.

NAHT calls for school closures: the right to education during the second wave of Covid-19

Jan 04, 2021
Khatija Hafesji considers the Department for Education’s latest school closure and mass testing decisions and their implications for the right to education.

Housing case law update - December 2020

Jan 04, 2021
Christopher Skinner, Sarah Christy and Ian Larkins round up the latest judgments affecting housing associations and local authorities.

Max Power

Dec 23, 2020
Paul Feild looks at the key points arising out of the non-statutory review into Nottingham City Council and Robin Hood Energy.

Procurement claims: practical insights on summary judgment and the automatic statutory suspension

Dec 23, 2020
Lynsey Oakdene sets out the lessons to be learned for contracting authorities and bidders from a recent procurement case concerning the award of a contract to provide an automatic number plate recognition system.

What next for local government re-organisation?

Dec 23, 2020
Anja Beriro examines whether the momentum towards significant reorganisation of local government in England has stalled.

Leading the way in health and safety

Dec 23, 2020
Sarah Greenhalgh and Adam Kendall consider the National Housing Federation Code of Governance’s requirement for housing associations to treat health and safety as an ‘overriding priority’.

Consulting on new policies

Dec 22, 2020
The Court of Appeal has confirmed the correct tests to apply to determine whether: (1) a public body has consulted fairly; and (2) is under a legitimate expectation to consult. Matthew Alderton analyses the ruling.

New local authority Covid enforcement powers

Dec 22, 2020
Gary Grant analyses the new enforcement tools that allow local authorities in England to take action against premises that do not comply with COVID-secure rules.

The Tier 4 Regulations: impact on businesses

Dec 20, 2020
Gary Grant sets out the key points for businesses from the Government's regulations implementing the new Tier 4.

Education tracker

Dec 18, 2020
This Lexis®PSL Local Government future developments tracker is intended to be used to track key upcoming developments of interest to education lawyers covering the entire spectrum of education from early years foundation stage (EFYS) to further and higher education.

Guidance documents for abbreviated age assessments

Dec 18, 2020
The High Court recently found a city council’s guidance for abbreviated age assessments to be unlawful. Philip Rule explains why.

Running elections in 2021 - What's changing?

Dec 18, 2020
Elections are now likely to take place in May 2021. What are the challenges facing returning officers and their staff, running elections in a coronavirus (COVID-19) environment and what is being done to address them? Mark Heath explains.

The courts and the lack of secure accommodation for children

Dec 18, 2020
How does the Court approach the increasingly difficult decisions it faces in relation to the national shortage of secure accommodation for children? Ellen Lloyd analyses an important ruling.

Social housing and stigma

Dec 18, 2020
Scott Dorling analyses the government's efforts to address the stigma associated with social housing.

Inspecting the “soft estate"

Dec 18, 2020
A recent case examined liability for the collapse of roadside trees. Adrian Neale and Roger Carver look at the outcome.

Government proposals for procurement reform

Dec 16, 2020
Peter Ware discusses some of the key highlights from the Green Paper on procurement reform including a re-scoping of the underlying principles of public procurement, a streamlining of the recognised procurement procedures, and some potentially controversial proposals in relation to remedies.

Possession Proceedings update

Dec 15, 2020
Alice Richardson starts the first of a series of three Trinity Landlord and Tenant focused webinars by reviewing the updated guidance and regulations for possession proceedings in light of the ongoing Coronavirus pandemic.

Services for Children: understanding the framework and how decisions are made

Dec 14, 2020
David Lock QC provides an introduction to health and social care law in relation to children.

Coronavirus restrictions and interim steps appeals

Dec 11, 2020
Birmingham Magistrates’ Court has this week (10 December 2020) dismissed appeals against interim steps taken by Birmingham City Council on summary reviews of two premises licences that arose out of trading in breach of restrictions imposed on the hospitality sector as part of the response to the Coronavirus pandemic. Charles Holland explains why.

Termination for breach of contract

Dec 11, 2020
The following LexisNexis Dispute Resolution practice note provides comprehensive and up to date legal information covering the identification and the process and implications of ending a contract due to breach.

Can you legally record video meetings?

Dec 11, 2020
Whilst video-conferencing via Zoom or Teams etc has allowed us to carry out our business relatively uninterrupted, they have also presented organisations with a new set of privacy considerations to take into account, writes Bronwen Jones.

Prior Approval consents

Dec 11, 2020
Beware the limitations and conditions of ‘Prior Approval’ consents, writes Izindi Visagie.

Settled accommodation and the chain of intentional homelessness

Dec 11, 2020
The Court of Appeal has handed down an important ruling on ‘settled accommodation’ and the chain of intentional homelessness. Ian Peacock and Anneli Robins report on a case providing helpful guidance to local authorities.

Payment approaches in major government contracts

Dec 11, 2020
Jenny Beresford-Jones examines a new procurement policy note on evaluating payment approaches in the procurement of major government contracts.

Gigafactories: a key to unlocking growth and a greener world

Dec 11, 2020
There has been considerable recent debate about the benefits of a gigafactory, but to many, gigafactories are a new or unknown concept and the opportunities they represent even more opaque. Amardeep Gill and Scott Dorling look at what they involve.

Residential fire safety update

Dec 08, 2020
Justin Bates and Simon Allison provide an update on the Building Safety Fund and new building safety legislation.

All Reasonable Measures: tidying up the Coronavirus, Restrictions Regulations and the law of unintended consequences

Dec 07, 2020
Charles Holland looks at how a “tidying up” amendment in the new All Tiers Regulations has removed an important obligation on the operators of a significant class of premises in Tier 3.
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