PLT Masthead 430

Comment and Analysis Masthead

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A new planning rulebook?

Martin Edwards considers some of the key changes in the revised National Planning Policy Framework. Read more

Scope of the fit and proper test

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A recent Crown Court case considered the scope of the fit and proper test for private hire licences. Philip Kolvin QC analyses the outcome.

Illegality and public policy

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A recent County Court case considered the question of illegality in an historical abuse context. Ceri-Sian Williams explains the ruling.

Declining to determine applications

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The High Court has clarified the scope and application of Section 70C of the Town and Country Planning Act 1990 - the power to decline to determine planning applications, writes Saira Kabir Sheikh QC.

Services of general economic interest

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How can public bodies make use of the state aid exemption relating to services of general economic interest? Edward Reynolds explains.

What next for heat networks?

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The Competition and Markets Authority has published its final report on heat networks, calling for new regulation. David Kilduff, Ben Sheppard and Richard Butterworth consider the implications.

HMO licensing and upfront fees

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The Divisional Court has recently considered what a local authority can include in upfront fees for licensing houses in multiple occupation (HMOs). Jonathan Manning analyses the outcome.

Minded-to letters and representations

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Are housing authorities required to specify in a “minded-to” letter that applicants may make representations to the reviewer orally at a face-to-face meeting? Robert Brown analyses a Court of Appeal ruling.

GDPR and civil claims

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Kate Bear analyses some of the areas of concern for local authorities when it comes to GDPR and the handling of civil claims.

The Court of Appeal in Mencap

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Nathaniel Caiden considers the Court of Appeal ruling on sleep-in shifts and the National Minimum Wage.

Setting of a listed building

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The Court of Appeal has set out general principles to be applied when considering the setting of listed buildings and the effect of developments. Jacqueline Lean sets out the key points.

Two-stage evaluations and the PCR

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Now you can carry out a two-stage phased evaluation under the open procedure and still comply with the Public Contracts Regulation, writes Stephanie Rickard.

Mixed data in the Court of Appeal

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The Court of Appeal has considered the correct approach to dealing with mixed personal data. Rupert Paines analyses its ruling.

Judges meeting with children

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A senior judge has given an update on the issues created by judges meeting children and the correct approach to be taken. Michelle Brown reports.

Bringing it home?

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John Pugh-Smith and Katie Scott consider conflict management and resolution, and analyse alternatives to litigation for local government.

Highways and inspection systems

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A council’s annual inspection system was recently found by a court to be adequate for the purposes of S.58 of the Highways Act 1980 when determining liability. Lucie Evans and Suzanne Milne report.

Criminal law and family proceedings

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What place does criminal law have in family proceedings? Mark Cooper reports on a Court of Appeal ruling.
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Evaluation of social value

The UK government has announced changes to extend the scope of the Public Services (Social Value) Act 2012, to rebuild trust after Carillion's collapse. Patrick Parkin considers the implications.
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Legal Aid in housing cases

John Murray looks at a successful judicial review challenge to the government's proposed changes to legal aid and housing cases.
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Accountable care organisations

The Administrative Court recently considered a challenge to the creation of a new model for the provision of health and social care in England. Jonathan Auburn analyses the outcome.
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Tribunals and interim relief

What does a claimant have to prove to obtain an order for interim relief from the employment tribunal? Eleanor Boyd reports.
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The NIA and compulsory purchase

Richard Guyatt examines proposals in the National Infrastructure Assessment for making the process of compulsory purchase simpler and fairer.
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Open and shut

A judge recently found that an open cast mine case - where a council sought specific performance of an escrow account agreement - was open and shut. Matt Hutchings QC and Shomik Datta set out why.
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Rising social worker caseloads

With a more than 10% increase in social worker caseloads, is there an increase in risk? Sarah-Erwin Jones looks at the potential problems.
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Clarity in procurement processes

The High Court has examined whether it should order a contracting authority to amend its decision and award a contract to the claimant. Melanie Peers and Tim Care consider its approach.
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Prosecuting manslaughter

Sarah Wilson sets out the key considerations in the recent prosecution for manslaughter of a defendant who sold 'fat-burning capsules'.
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Dealing with student sit-ins

With the current climate of strikes and further cuts to public services, the number of student sit-ins is again on the rise. Michelle Bendall considers the options for handling them.
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Legal decisions and social work

The President of the Family Division, Sir James Munby, retires this month. Naomi De Silva looks at how his rulings have affected social work.
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Equal pay and comparators

What happens when the pay of a comparator in an equal pay claim changes? Michael Halsey explains.
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When can we dismiss for misconduct?

Rebecca Driffield and Phil Allen look at the lessons to be learned from recent cases involving alleged unfair dismissals.
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Selling off council property

Rebecca Gilbert considers how councils can best approach the sale of their property assets.
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Good expert or bad?

When it comes to historic social care claims, the answer lies in the prep, writes Laura Broadhead.
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Long players: time and money

Is there more that can be done to encourage timely resolution of issues that arise at planning application stage? Simon Ricketts investigates.

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