Comment and Analysis Masthead

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Safeguarding and the Court of Protection

Safeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection. LexisPSL Local Government, in partnership with Alex Ruck Keene and Michelle Pratley both of 39 Essex Chambers and the Legal Action Group, set out the key considerations. Read more

Giving reasons for planning decisions

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Ned Westaway and Charlie Merrett consider the duty to give reasons for planning decisions in light of the Supreme Court's ruling in Dover District Council v CPRE Kent.

Norton your nelly!

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The Court of Appeal has rejected a starter tenant's policy-breach complaints. Dean Underwood explains why.

Managing pregnant employees

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Can you performance manage a pregnant employee? Paul McFarlane and Louise Singh consider the key issues.

Running local authority trading companies

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When it comes to local authority trading companies, who should be involved? Members, officers, others? Rob Hann reports.

NAI or not?

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Carol Binnion examines the Family Court's disposal of care proceedings in what was originally thought to be a case of non-accidental injury.

Fares fair

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A High Court judge has rejected a challenge to hackney carriage fares set by a borough council. Philip Kolvin QC explains why.

Supply chain sustainability

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LexisPSL, in partnership with Simon Garbett, Ian Skinner and Sarah Rathke of Squire Patton Boggs, examine how authorities can ensure sustainable supply chains.

Fresh developments in the ACV regime

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The flow of interesting points on the Assets of Community Value regime continues, with recent appeal decisions before the FTT considering a number of important aspects of the regime, writes Christopher Cant.

Stalking of a foster placement

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A recent Court of Appeal case will be of significant interest to local government family practitioners, writes Dominic Boothroyd.

Operating hours and restaurant conditions

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Southwark Council has fought off a challenge by the operator of Rock Island Bar and Grill who sought to extend its operating hours and remove the “restaurant condition” from its premises licence just six months after it was granted. Gary Grant explains how.

Air quality and development

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A High Court judge has recently handed down an important air quality judgment. Ashley Bowes looks at the implications for planning authorities, developers and those resisting development.

Contraception and safeguarding

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A Court of Protection judge recently had to consider whether it was in the best interests of a woman with a learning disability to be given a contraceptive patch. The CoP team at 39 Essex Chambers examine the decision.

Short term gain; long term pain?

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Philip Woolham looks at incentivising employees to leave public sector pensions.

Local Plan interventions

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The Communities Secretary recently announced the first 15 local authorities to face potential intervention for failing to produce a Local Plan. Simon Ricketts looks at the issues this raises.

Housing associations and reclassification

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Do housing associations still exercise “public functions”? Andy Lane looks at the impact of the reclassification of registered providers as private rather than public bodies.

Holding festivals in parks

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The Court of Appeal has dismissed a challenge to the holding of music and other festivals in parks. Although the case involved a London authority, the case is important for local authorities nationwide, write Philip Kolvin QC and Ranjit Bhose QC.
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What next for damages?

A recent EFTA court ruling on whether the gravity of a breach of the EEA rules on public contracts is relevant for the award of damages is at odds with a Supreme Court judgment. Helen Prandy explains why this could be important post-Brexit.
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The Upper Tribunal on age assessments

In a recent ruling the Upper Tribunal has given guidance on age assessments. Tessa Buchanan sets out its findings.
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Setting up local authority companies

After 21 years as author of Local Authority Companies and Partnerships (‘LACAP’) and practising as a local government lawyer, Rob Hann provides some practical tips for local authorities setting up LACAPs.
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Kinship assessments

A Family Court judge recently found kinship assessments carried out by social workers to be fundamentally flawed. Elisabeth Richards explains why.
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The district heat billing hiatus

Are you waiting for the Department for Business, Energy and Industrial Strategy (BEIS) to issue an update relating to the installation of final customer meters for district heat networks? Maxim Laithwaite provides a quick reminder of the current position regarding the regulations and in particular the cost effectiveness and technical feasibility tool.
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Adoption update

Elizabeth Isaacs QC looks at the lessons to be learned from the latest judgments in relation to adoption.
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Business rates and heritage assets

When is a building a listed building? Peter Dixon and Simon Whitfield report on a recent Administrative Court case over whether the whole of a building or just part of it was listed.
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Taxis, software and cross-border bookings

The Administrative Court has dismissed a council's appeal over a judge's dismissal of its prosecution of a private hire company over cross-border bookings. James Goudie QC explains why.
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Families and Rule 3A Representatives

District Judge Bellamy has added to the small but important body of case-law concerning Rule 3A in the context of so-called Re X applications for judicial authorisation of deprivation of liberty, writes the Court of Protection team at 39 Essex Chambers.
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Concurrent delay conundrum conquered

The TCC has just resolved a longstanding conflict between two competing principles of construction law, deciding that the “prevention principle” doesn’t stop clients placing the whole risk of concurrent delay on their contractor. Emily Aldridge reports.
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The Pre-Action Protocol for Debt Claims

John Schmitt sets out and discusses the newly in force Pre-Action Protocol for Debt Claims, which applies to public bodies - amongst others - claiming payment from an individual.
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EU nationals and the immigration tribunal

Families of EU nationals have won a court battle for a right of appeal. Rajiv Sharma explains the Court of Appeal's ruling.
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Finding fundamental dishonesty

Does dishonesty or fraud have to be pleaded for the court to make a finding of fundamental dishonesty? Chris Booth reports on a Court of Appeal ruling.
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Challenge to CPO dismissed

The High Court has dismissed a statutory challenge to a compulsory purchase order. George Mackenzie looks at the judge’s approach.
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If you snooze you lose

A recent Technology and Construction Court ruling has emphasised how an unsuccessful bidder must have a good reason if an extension of time is to be granted. Helen Prandy reports.
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After-care services and PI damages

The Court of Appeal has ruled that a personal injury award cannot be considered when making provision for after-care services. Morris Hill looks at the reasoning.

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