PLT Masthead 430

Comment and Analysis Masthead

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Introduction to CTO Recall: Part 2

In the second article in a two-part series, Clementine Robertshaw analyses some of the challenges that the recall process for community treatment orders can bring. Read more

Protection for disabled staff

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In a high-profile case where a teacher was dismissed for showing an 18 rated film to 15- and 16-year olds, the Court of Appeal has given guidance on the meaning of section 15(1) Equality Act 2010, write Ben Cooper QC and Angharad Davies.

Crichel Down Rules: new case law

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A High Court case has offered new judicial guidance on the Crichel Down Rules that is of importance to local authorities and landowners. Patrick Robinson and Alex Minhinick set out the key points.

The place of innovation in procurement

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Trevor Watt examines recent guidance from Brussels on how commissioners can make use of 'innovation procurement'.

GDPR and procurement

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The introduction of the GDPR has significant implications for procurement practice, writes Jenny Beresford-Jones.

Learning from poorly drafted contracts

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A Court of Appeal ruling in a contract dispute involving a NHS trust highlights the importance of parties having a shared understanding of what is being agreed, write Justin Mendelle and Tola Odedoyin.

Home addresses of election candidates

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James Goudie QC analyses a recent High Court case over whether there was a requirement to publish a mayoral election candidate's home address.

Capacity and housing: a strange relationship

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The Court of Appeal has handed down an important judgment on the capacity to make a homelessness application. The Court of Protection team at 39 Essex Chambers examine the ruling.

Post-19 education and SEND

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LexisPSL Local Government, with Hannah Lynch of St Pauls Chambers, considers the key issues around post-19 education for young people with special educational needs and disabilities.

Gang injunctions and human rights

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The Court of Appeal recently rejected a legal challenge brought on human rights grounds over a gang injunction obtained by Birmingham City Council. Jonathan Manning and Ayesha Omar explain why.

V for victory?

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So who did win the judicial review over the Mayor of London’s supplementary planning guidance? Simon Ricketts weighs the ruling up.

Museums and art galleries: a way forward

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Simon Randall and Joanne Bussell put forward some suggested solutions to the challenges facing local authority museums and art galleries.

Laying informations and time limits

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Edmund Walters discusses a recent case in which he successfully appeared in the Divisional Court on a point concerning the laying of informations and doing so before the six-month time limit expires.

Dealing with incursions

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Wendi Batteson of Basingstoke and Deane Borough Council sets out some of the lessons learned from a recent planning enforcement case.

Modern slavery and LAs: an update

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Raj Shah outlines important guidance and explains local authorities’ duties to ensure they comply with modern slavery legislation.

Social value and public procurement

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LexisPSL Local Government discusses when and how local government procurement officers should consider the application of the Public Services (Social Value) Act 2012 to procurement decisions.

Upper Tribunal on pubs and ACVs

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The Upper Tribunal has, finally, provided some guidance on assets of community value, writes Jeremy Phillips QC.
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Exaggerated negligence claims

A claimant was recently held in contempt of court for grossly exaggerating a negligence claim against an NHS trust. Lucy Eastwood explains why.
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Developing innovative practices

Tiffany Cloynes looks at the wider lessons for service delivery to be learned from the approach adopted by an East of England council to the allocation of housing.
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GDPR: updating privacy notices

Are you caught in a last minute rush to update your privacy notice to comply with the forthcoming General Data Protection Regulation (GDPR)? Ibrahim Hasan considers what is involved.
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Lines of sight and road accidents

Should a landowner or highways authority face liability for obstructed sightlines? John Goodman analyses a recent Court of Appeal ruling that wil be a useful case for highway authorities and other landowners.
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Reviewing your workplace dress code

Emma Ahmed looks at the key points from recent government guidance on workplace dress codes.
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Disciplining councillors

The High Court has handed down an important ruling on the obligation to discipline councillors under the code of conduct procedure. Richard Clayton QC and Jonathan Goolden look at the lessons for local authorities.
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The Government on deprivation of liberty

In an article for LexisPSL Local Government, Ben Troke, partner at Browne Jacobson LLP, discusses the government’s proposals in relation deprivations of liberty and assesses whether they go far enough.
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Standards matter

The Committee on Standards in Public Life is carrying out a review of local government standards. Dr Jane Martin explains what this involves, and sets out some of the key lessons learned so far.
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Approaches to determining care budgets

Jonathan Auburn looks at the lessons to be learned from an Ombudsman report into the way a council calculated an individuals's care under the Care Act.
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Time extension and ACAS EC

In a case involving a borough council the Employment Appeal Tribunal has endorsed the sequential approach to time extension for ACAS EC (early conciliation), report Craig Ludlow and Sarah Bowen.
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Coroners and burial policy

A coroner in London was recently defeated over her controversial ‘cab-rank’ burial policy. Shaheen Rahman QC explains why.
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Imposing pre-commencement conditions

Jane Linley looks at the effect of recently made regulations restricting local planning authorities from imposing pre-commencement conditions when granting planning permission.
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Contract Law in the Supreme Court

The Supreme Court recently considered the use of non-oral modification terms in written agreements. Michael Paget and Zoë Whittington examine the outcome.
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DPIAs: when and how?

Ibrahim Hasan looks at how data controllers can comply with the obligation to produce data protection impact assessments.
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Homelessness and local connection

LexisPSL Local Government, in partnership with Catherine Rowlands of Cornerstone Barristers, consider the issues around homelessness and local connection.
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Screening and mitigation measures

A recent decision of the Court of Justice of the European Union will have implications for all nationally significant infrastructure and other projects that could affect protected environmental sites, writes Angus Walker.

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