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May 09, 2018

Council defeats Court of Appeal challenge over road accident and vegetation

Appeal judges have refused to create a duty of care with “potentially serious and costly consequences for very little practical gain” in a case over whether overgrown vegetation contributed to a road accident. Read more

Featured articles

Assisting the homeless

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LexisPSL Local Government, in partnership with Elizabeth England of 42 Bedford Row, look at how local authorities from 3 April are expected to assist the homeless.

Banning orders – how do they work?

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Christi Scarborough looks at new powers available from 6 April 2018, and the circumstances under which private landlords or letting and management agents might end up subject to an order.

Payment for being on stand-by

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Are workers entitled to be paid when on stand-by? Allison Cook reports on a significant ruling by the European Court of Justice.

Exercising delegated authority in planning

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A parish council recently enjoyed success in a legal challenge over a purported exercise of delegated authority. Meyric Lewis explains how.

The need to plead

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Andrew Williams examines the tort of misfeasance in public office and why a recent claim was struck out.

Recent changes to the s.182 guidance

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The Home Office has issued revised Guidance under section 182 of the Licensing Act 2003. Is there anything of substance in the changes? Paddy Whur reports.

Legal apprenticeships: getting started

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One of the great privileges of working with local authorities to deliver apprenticeships is observing the different approaches legal departments take to deploying and developing apprentice staff, writes Noel Inge.

CPO and compensation: key changes

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Gary Soloman looks at a number of provisions relevant to compulsory acquisition in the Neighbourhood Planning Act 2017 and Housing and Planning Act 2016 that come into force on 6 April 2018.

Magical sparkle powers

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Mr Justice Mostyn has recently issued two rulings on secure accommodation and consent. Andrew Pack examines the judgments and the prospect of an appeal.

Proving an error of law

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Elizabeth England discusses a recent Court of Appeal case that reminds us who has the burden of proving an error of law in homelessness appeals under Part VII Housing Act 1996.

Supply chain visibility

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Following the government's publication of a new procurement policy note on supply chain visibility, do you need to update your T&Cs? Ruth Smith explains.

Case management and apparent bias

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A recent Court of Protection judgment is a salutary warning on the dangers of judges giving early indications of the conclusions they are like to reach. The CoP team at 39 Essex Chambers reports.

Funding continuing care

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A judge has confirmed that a clinical commissioning group has no legal power to fund a continuing care patient for whom it had no statutory responsibility. David Lock QC explains why.

Capping the number of hackney carriages

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A Yorkshire council has fought off a Crown Court challenge to the limit it placed on the number of hackney carriage licences. Gary Grant explains how.

Principles for reforming social care

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Will Jeremy Hunt's principles for social care reform be a game changer for the sector? Stuart Marchant analyses the Health and Social Care Secretary's proposed approach.

Establishing a regional adoption agency

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What issues should local authorities consider when establishing a regional adoption agency? Olwen Dutton explains.

Multiple allegations of misconduct

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In situations where there are multiple allegations of misconduct, employers need to tread carefully to avoid unfair dismissal, writes Mark Foster.

Mineral extraction in the Green Belt

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The Court of Appeal finds that visual effects must be considered when assessing whether openness is preserved, write Peter Village QC and Ned Helme.

Manchester on Alcohol & Entertainment Law

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Professor Roy Light reviews the 4th edition of Manchester on Alcohol and Entertainment Law. Woods Whur Publishing, Leeds. £115 soft cover.

Best value inspections and Northants

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Secretary of State Sajid Javid has said he is minded to send commissioners in to Northamptonshire County Council. Dr Paul Feild sets out the lessons from the troubles faced by the local authority.

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