Comment and Analysis Masthead

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Homelessness and vulnerability

What is the correct test as to whether a person has a priority need for accommodation by reason of vulnerability? Riccardo Calzavara reports on an important Court of Appeal ruling. Read more

Exclusion of tenderers

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Melanie Pears and Tim Care consider a Court of Justice of the European Union (CJEU) ruling that Directive 2004/18/EC does not preclude national rules for automatic exclusion of a tenderer in circumstances in which a member of a bidding consortium loses accreditation.

Challenging Ofsted

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In a surprising twist to the long running saga‎ of Durand Academy the High Court ruled that a damning Ofsted report, following an inspection late last year, should be quashed. Andrea Squires reports.

Thoroughness of disciplinary investigations

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Can a disciplinary investigation ever be too thorough? Gemma Cawthray examines a recent Employment Appeal Tribunal ruling.

Implying terms into planning conditions

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Can a whole new term be implied into a planning condition? Sasha Blackmore reports on a significant Planning Court ruling.

Court of Protection case law update

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Ben Troke and Rebecca Fitzpatrick round up the latest key cases in the Court of Protection.

Enforcement and certificates of lawfulness

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Phillip Hopkins examines some conundrums created by the Town and Country Planning Act 1990 in relation to planning applications, enforcement notices and certificates of lawfulness of existing use or development.

The absolute ground and reviews

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The Court of Appeal has handed down an important ruling on the timescales for the absolute ground for possession. Tina Conlan reports.

Cheating and exam malpractice

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Andrea Squires sets out some of the lessons learned from investigating cases of cheating and exam malpractice.

Public procurement after Brexit

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Simon Randall CBE has written a paper for the Society of Conservative Lawyers on public procurement after Brexit. Here he puts forward some of the key points.

The Planning Court on Grampian conditions

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A Planning Court judge has recently handed down an important ruling on Grampian conditions. Dalee Kaur and Rachel Holt analyse the outcome.

Inherently problematic?

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A High Court ruling has raised significant issues around capacity thresholds, the inherent jurisdiction and autonomy, writes Alex Ruck Keene.

Devolution is a process not an event

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As local government in England is handed additional powers and responsibilities, Lynda Towers, former Solicitor to the Scottish Parliament, gives her perspective on devolution and the lessons to be learned.

Declining to determine planning applications

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The High Court has revisited the limits of a local planning authority’s powers to decline to determine planning applications where an existing enforcement notice is in place. Annabel Graham Paul analyses the ruling.

Aarhus costs rule challenge

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Three charities recently took the Ministry of Justice to the High Court over new costs rules for environmental cases. Andrew Parkinson explains the outcome.

TPOs and compensation

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The Court of Appeal recently allowed a council's appeal over an Upper Tribunal judgment on tree preservation orders and compensation payable to a landowner. Claire Booth explains the outcome.

Listed buildings and statuary

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A judge has rejected a challenge to an inspector’s decision dismissing appeals against a listed building enforcement notice and the refusal of listed building consent for removal of two early 18th century piers and urns. John Hunter and Gary Grant explain why.
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QOCS and multiple defendants

A defendant against whom the claimant discontinued was not able to seek to enforce and ‘set-off’ its costs against the damages/interest paid to the claimant by the ‘unsuccessful’ defendants. Caroline Cousins reports.
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The Supplier Code of Conduct

Melanie Pears and Tim Care take a look at the Supplier Code of Conduct, which has been introduced by the Government with the aim of helping suppliers understand the standards expected of them when they are contracting with the Government.
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Deputyships and outsourcing

The Court of Protection recently considered an application to revoke a number of deputyships in place through a council's outsourcing arrangement and whether the borough could recover its costs. The COP team at 39 Essex Chambers reports.
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Housing association constitutions

Major changes are proposed to housing association constitutions. Matthew Waters reports on their likely impact, including in relation to councils.
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Delays in the provision of housing

A High Court judge has refused permission for a sex offender’s challenge to councils over delays in the provision of housing. Matt Hutchings QC explains why.
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Concealment: the latest cases

Steven Bell considers some of the issues raised by recent concealment cases, including one where a couple disguised a house as a garage.
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Learning from deaths

Every NHS organisation should be collecting data about the number of deaths, conducting 'case record reviews' and getting ready to publish the results. Gemma Brannigan looks at the issues involved.
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Holiday pay and employee monitoring

Two recent employment cases have provided important follow-up on two key issues: monitoring and holiday pay, writes Sarah Maddock.
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Housing needs: assessed or assumed?

The new draft methodology to be used by English local planning authorities for determining their level of housing need is deceptively simple, writes Simon Ricketts. Is it indeed too simple?
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Getting tough on councillor misconduct

A DCLG consultation on proposals to update the criteria that bar individuals from becoming or being a local councillor or directly-elected mayor represents a missed opportunity, writes Judith Barnes.
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Giving clear notice

Harmajinder Hayre looks at a recent employment case involving a city council that demonstrates the importance of clear notices.
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Personal philosophies

Chris Guy, a former local authority head of legal, sets out how he tried to overcome his weaknesses.
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NHS mergers and competition issues

For the first time, the Competition and Markets Authority (CMA) has announced that it has approved an NHS merger after having only carried out an initial phase 1 examination and not a more in-depth analysis. Melanie Pears and Tim Care report.
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The price of failing to support

The Court of Protection recently approved a £10,000 damages settlement plus costs to a man with Down's Syndrome over delays in the provision of sex education. The CoP team at 39 Essex Chambers explain why.
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Governance in academies

Good governance in academies is a key focus for the Department for Education. Mark Johnson looks at the most important considerations.
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Leasing open space land

A council’s decision to lease open space land to a limited company for private use has been held by the High Court to be unlawful. Robert Phillips and Stephanie James consider the ruling.

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