PLT Masthead 430

Comment and Analysis Masthead

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CPO and compensation: key changes

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. Read more

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.

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.

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.

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.

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.

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.

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.

Developer contributions: reforms

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The regime for developer contributions is set to be reformed. Stephanie David examines the proposals in the government's consultation.

TUPE and gaps between contracts

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The Advocate General of the European Court of Justice has confirmed that a five-month gap in operations does not necessarily prevent TUPE applying. Doug Mullen looks at practical guidance for employers where there is a gap in operations.

GDPR and contract negotiations

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Azhar Ghose highlights some of the issues that have arisen in contract negotiations of GDPR clauses.

LAs and energy efficiency standards

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An English local authority can add energy efficiency requirements to its local plan which exceed those of Building Regulations. David Browne explores the key points for local authorities.
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QOCS and Part 20 defendants

The Court of Appeal recently considered the application of the Qualified One Way Shifting Regime (QOCS) to a case involving a local authority and Part 20 Defendants added to the proceedings. Esther Pounder reports.
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Agents of Change

Will the introduction of an Agent of Change principle in planning succeed in protecting live music venues? The operation of other regimes in relation to licensing and statutory nuisance means this is far from certain, writes Michael Greig.
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Interpreting overage clauses

Overage continues to be a potential minefield. James Hall analyses the latest case on interpretation of a clause.
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Failing to meet criteria

A recent case has shown the importance of contracting authorities making clear the criteria they apply to procurement exercises and the implications of failing to meet any of these. Tiffany Cloynes and Clare Hardy consider the ruling.
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A new approach to viability

Rose Grogan examines the proposed changes in approach to viability in the revised National Planning Policy Framework (NPPF) and accompanying guidance.
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Teachers and disclosure of relationships

The Supreme Court recently upheld the fairness of the dismissal of a head teacher, for non-disclosure of a relationship with a convicted sex offender. Phil Allen looks at the lessons from the judgment.
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NHS trusts and health and safety fines

A £2m fine against Southern Health NHS Foundation Trust is the highest financial penalty imposed against a Trust for health and safety offences. Graeme Irvine considers the ruling.
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The choice for P in practice

The Court of Protection team at 39 Essex Chambers examine a judge's ruling over whether a stroke victim should stay in a care home near two of her children or be moved outside the area to her daughter-in-law's home and close to other family members.
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Care proceedings and medical treatment

The Court of Protection team at 39 Essex Chambers examines recent comments by the President of the Family Division on care proceedings and the medical treatment of children.
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A change is gonna come

Simon Ricketts examines the issues that emerge when changes are sought to a major scheme with planning permission.
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TUPE and fragmented services

Harmajinder Hayre looks at a case which illustrates the importance of identifying the pre-transfer activities in a service provision change.
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Approaches to the tilted balance

Josef Cannon reports on an inspector's approach to the ‘tilted balance’ in the National Planning Policy Framework, as the sun begins to set on paragraphs 14 and 49.
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Reasoning in court judgments

Claire Booth examines a Court of Appeal ruling in a case where a mother appealed foster care orders for her older children.
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The NPPF: all change?

The Prime Minister last week launched a consultation on changes to the National Planning Policy Framework (NPPF). Will it deliver on promises? Ashley Bowes reports.
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Selective licensing and conditions

Jonathan Manning analyses an important Court of Appeal ruling on selective licensing and the power of local authorities to impose conditions.
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The Family Court and extremist parents

Martin Downs examines the courts’ approach in childcare cases where parents are convicted of terrorism offences.

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