December 15, 2017
Are academies legally obliged to comply with Department of Education statutory guidance? If so, what is the source of that obligation? LexisPSL Local Government reports.
December 08, 2017
Safeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection. LexisPSL Local Government, in partnership with Alex Ruck Keene, Michelle Pratley and the Legal Action Group, set out the key considerations.
December 01, 2017
LexisPSL, in partnership with Simon Garbett, Ian Skinner and Sarah Rathke of Squire Patton Boggs, examine how authorities can ensure sustainable supply chains.
August 03, 2017
LexisPSL Local Government, in partnership with Shazia Akhtar of Hardwicke Chambers, look at the role and procedures of the Special Educational Needs and Disability Tribunal, and set out the issues of which local authorities should be mindful.
July 20, 2017
This LexisPSL Public Law analysis by Peter Ware and Jennifer Grigg of Browne Jacobson LLP examines the opportunities and risks of consortium bidding in public procurement.
July 13, 2017
LexisPSL Public Law analysis: HM Courts & Tribunals Service is due to issue guidance for lawyers bringing complex public procurement claims to the Technology and Construction Court (TCC). As we await publication of the updated TCC Guide, Will Thomas, procurement litigator and Peter Ware, partner, at Browne Jacobson, look at what the new protocol on public procurement cases will mean in practice.
June 09, 2017
LexisNexis Local Government, in partnership with Tim Spencer-Lane, sets out the role, powers and functions of the Care Quality Commission (CQC).
June 01, 2017
LexisPSL Local Government, in partnership with Claire Cousin of Emery Johnson Astills, provide a comprehensive guide to local authorities' duties under section 20 of the Children Act 1989.
May 26, 2017
LexisPSL Local Government, in partnership with Rebecca Sharpe of RJR Legal Ltd, examine the options where a legal owner lacks mental capacity to deal with land.
May 19, 2017
In association with LexisNexis Public Law, Richard Hanstock considers the lessons from a high-profile dispute over the procurement of a contract to decommission nuclear facilities.
May 12, 2017
In partnership with LexisPSL Local Government, Alex Campbell, barrister at Arden Chambers, considers a recent case where a High Court judge considered a discriminatory housing allocations scheme.
February 02, 2017
In this interview with LexisPSL Public Law, Ros Foster, partner, and Patrick O’Connell, solicitor, at Browne Jacobson, outline the draft Public Service Ombudsman Bill recently laid in Parliament, which aims to introduce a Public Service Ombudsman (PSO) with improved access, structure and powers.
January 26, 2017
What steps/issues should a contracting authority consider when engaging a consultant to help develop a public contract specification? LexisPSL Public Law, in partnership with Peter Ware of Browne Jacobson LLP, explain.
January 19, 2017
In this LexisPSL Public Law analysis, Fiona Scolding considers a recent case in relation to damages to be awarded on a procurement claim if the breach would have made a difference to the outcome of the tender.
January 12, 2017
LexisPSL Local Government, in partnership with Mark Bassett of Dentons UKMEA LLP addresses the question of whether contracting authorities need to redraft their standard termination clauses for contracts subject to the Public Contracts Regulations 2015.
January 05, 2017
This LexisPSL Public Law checklist, produced in partnership with Stephen Hocking of DAC Beachcroft highlights the key steps and considerations for defending a judicial review claim.
December 15, 2016
LexisPSL Public Law spoke to Adam Chapman, partner and head of public law at Kingsley Napley, about the potential expansion of the UK’s freedom of information (FOI) regime and explains that introducing certain measures—such as a ‘duty to document’—may be providing a solution to a problem that doesn’t actually exist.
December 09, 2016
LexisPSL Local Government, in partnership with Philip McCourt, provides a summary of the local government legal peculiarities involved in the appointment or dismissal of officers.
December 02, 2016
LexisPSL Local Government, in partnership with Jonathan Auburn of 11KBW, discuss the meaning of and tests for ‘ordinary residence’.
November 25, 2016
What are the obligations of schools under the Equality Act 2010? Mark Blois, head of education at Browne Jacobson talks to LexisNexis about how a recent high-profile court case has made no change to the core obligations schools are under.
October 27, 2016
This LexisPSL Local Government article, produced in partnership with Nicholas Hancox, examines how the quality of highway maintenance required of those responsible for it depends almost entirely on the expected ordinary traffic on the highway in question.
October 20, 2016
This LexisPSL Local Government article was produced in partnership with Walaiti Rathore of Fraser Browne and sets out the law and practice in relation to the duties and responsibilities of a licensing authority under the Licensing Act 2003.
October 13, 2016
LexisPSL Local Government, in partnership with Tim Spencer-Lane, considers the concept of 'private' deprivations of liberty for the purposes of Article 5 ECHR, involving people who lack the material decision-making capacity.
October 06, 2016
The Information Commissioner’s Office recently announced that Trafford Council will be monitored over the timeliness of its responses to freedom of information requests. Jeremy Isaacson, in discussion with LexisPSL Public Law, considers the background to this announcement and the various issues surrounding monitoring.
September 29, 2016
The LexisPSL Public Law team provides a summary of key developments in judicial review and sets out some important dates for practitioners’ diaries.
September 22, 2016
LexisPSL Public Law analyses a ruling that the Public Sector Directive required a new tendering procedure to be carried out where the parties had made changes to the scope of a public contract, even though they were made pursuant to a settlement of a dispute.
September 01, 2016
This LexisPSL Local Government article, produced in partnership with Tim Spencer-Lane considers recent court decisions on whether a parent can consent to the confinement of their child which, absent a valid consent, would amount to a deprivation of liberty.
August 25, 2016
LexisPSL Local Government in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council, explains how to draft a local authority threshold document in care proceedings.
August 18, 2016
LexisPSL Local Government in partnership with Joy Hopkinson of London Borough of Lambeth Council explains the pre-proceeding process under the Public Law Outline (PLO) reforms to care proceedings.
August 11, 2016
Is a voluntary transparency notice published in the OJEU? How in practice is this distinguished from the OJEU notices that are published in advance of a procurement process? The LexisPSL Public Law team report.
August 04, 2016
What is the interrelationship between regulations 20 and 77 of the Public Contract Regulations 2015? The LexisPSL Public Law team analyse the reservation of public contracts.
July 29, 2016
LexisPSL Public Law in partnership with Walker Morris explain the new process for concession contracts procurement by contracting authorities and utilities under the Concession Contracts Regulations 2016, SI 2016/273.
May 12, 2016
LexisPSL Local Government, in partnership with Anita Chopra and Chris Barnett of Match Solicitors set out a checklist for moving children from statements to the new regime of education, health and care plans.
April 26, 2016
In partnership with Stephen Sheen, the LexisPSL Local Government team highlights key features of external audit and internal audit in England.
February 01, 2016
The LexisPSL Local Government team provide a checklist for a continuous improvement model in the context of contemplating the delivery of shared legal services.
February 01, 2016
The LexisPSL Local Government team explain the background to and advantages and disadvantages of shared legal services in achieving improved cost efficiency within the public sector.
January 28, 2016
LexisPSL Local Government and Claire Cousin outline a local authority’s duty to provide accommodation to children under section 20 of the Children Act 1989, identifying the challenges a local authority may face including parental consent and capacity.
January 21, 2016
LexisPSL Local Government and Elizabeth England of 42 Bedford Row set out the duties owed by local authorities to those presenting as homeless, and the particular issues that affect elderly and vulnerable adults.
January 14, 2016
What happens if a parent refuses to pay a penalty notice for their children's unauthorised absence from school? The LexisPSL Local Government team sets out the key points.
January 08, 2016
Has the Human Rights Act 1998 been successful? With the legislation turning 15, Stephen Grosz QC talks to LexisNexis about the past, present and future.
November 30, 2015
This Q&A from the LexisPSL Public Law team examines the key changes implemented by the Re-use of Public Sector Information Regulations 2015, which came into force from 18 July 2015, replacing the Re-use of Public Sector Information Regulations 2005.
November 19, 2015
Has the Care Act 2014 been successful since it came into force? Carolyn Hunnisett talks to LexisNexis about the positives and the negatives of a landmark piece of legislation.
November 09, 2015
LexisPSL Public Law and Andy Cooke of PA Consulting Group compare three project management methodologies – PRINCE2®, PMBOK® and Agile.
October 29, 2015
What are a local authority’s data retention obligations? John Atkinson talks to LexisNexis about at the practical steps councils should consider taking to ensure they do not fall foul of their legal obligations with regards to data retention schedules.
October 22, 2015
LexisPSL Local Government, Peter Ware and Angelica Hymers consider the statutory powers available to local authorities to provide shared services, the risks associated with exercise of those powers, and how delivery of shared services can be achieved.
August 20, 2015
The LexisPSL Local Government team and Ros Ashcroft examine l ocal authority statutory functions with regard to the provision of health services.
August 13, 2015
LexisPSL Government and Morayo Fagborun Bennett set out key provisions in relation to costs for judicial review, covering protective costs orders (PCOs), interveners and costs capping.
August 06, 2015
The LexisPSL Local Government service regularly publishes Q&As on property litigation. Here are three of the most popular.
July 03, 2015
The LexisPSL Local Government Team explain a new procedure created under The Public Contract Regulations 2015 – the innovation partnership procedure.
April 16, 2015
The LexisPSL Immigration team look at the impact of changes to the regime governing Tier 4 (General) sponsors and review the case law around revocation action by the Home Office.
March 26, 2015
This article from the LexisPSL IP&IT team focuses on the key considerations and potential risks an organization needs to evaluate when considering whether or not to permit BYOD.
March 05, 2015
All criminal cases begin in the magistrates' court however serious the offence. The LexisPSL Corporate Crime team set out the correct steps that need to be taken when commencing proceedings in these ways.
March 05, 2015
There are three types of surveillance techniques available to local authorities under the Regulation of Investigatory Powers Act 2000 (RIPA 2000). The LexisPSL Corporate Crime team set out how to use these powers correctly.
February 09, 2015
Part 36 offers – to accept or pay some amount less than the full amount in dispute - are powerful weapons in every litigator’s armoury which have led to the settlement of many disputes since their introduction in 1999.
June 26, 2014
David Brammer discusses the role local government has to play in awarding fracking rights and regulating the industry.
June 05, 2014
Jon Payne comments on the Committee on Medical Aspects of Radiation in the Environment’s (Comare) findings and recommendations in relation to aspects of radiation in the environment.