Comment and Analysis Masthead

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Fit to practise?

Shazia Akhtar of Hardwicke Chambers discusses with LexisPSL Local Government a recent Court of Appeal ruling on a student's fitness to practise. Read more

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Duty bound

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Alexander Campbell of Arden Chambers discusses on LexisPSL Local Government the interplay between housing duties and children’s services duties.

Disciplinary action against statutory officers

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Sarah Lamont looks at how local authorities can get to grips with the new regime for disciplinary action against statutory officers.

The Agent of Change principle

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What are the implications of the 'Agent of Change' principle? Gareth Hughes explains.

Confinement and children

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The Family President has pronounced upon two key issues in relation to deprivation of liberty and children. Alex Ruck Keene analyses the judge's ruling.

Running with the land

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An imminent amendment to regulations will allow local planning authorities to facilitate development, writes Phillip Hopkins.

Making planning conditions great again!

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Jonathan Darby examines the law surrounding planning conditions, which has been consolidated over the past couple of years.

Taxi licensing policy quashed

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A North West council’s intended use policy for private hire drivers was quashed this week. Philip Kolvin QC explains why.

Carillion: implications for public contracts

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With the number of Carillion’s contracts with the government running into hundreds, Ruth Murray analyses on LexisPSL the impact of Carillion’s collapse on its public contracts and outlines the next steps that authorities should take.

Fundamental dishonesty in PI claims

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The High Court has provided the first authoritative guidance on the meaning of ‘fundamental dishonesty’ in the context of personal injury claims. Roger Jones and Martin Stockdale explain the ruling.

Imprisonment for council tax arrears

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The Divisional Court has ruled on a systemic public law challenge to the enforcement of council tax by committal prison. Tim Buley explains the judgment.

Getting out of a fix

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Alastair Currie looks at a case involving a doctor which provides useful guidance on the tricky question of fairly dismissing employees on fixed term contracts.

Fracking at the Court of Appeal

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The Court of Appeal recently decided a challenge to the grant of planning permission to a fracking company for exploratory works. Ashley Bowes and Estelle Dehon explain the ruling.

Restraining publication of CQC reports

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Jonathan Auburn examines a care provider’s bid to obtain an injunction restraining publication of a Care Quality Commission report.

Procurement challenges and non-parties

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Preferred bidders need to protect their interests in procurement challenges. They may choose not to be a party to the claim but they may still have to pay another party’s costs, write Ian Tucker, Chris Jackson and John Houlden.

Personal injury awards and care costs

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A High Court judge has backed the Local Government and Social Care Ombudsman’s decision on the ‘double recovery’ of care costs. Virginia Cooper explains why.

Covert surveillance of employees

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Is it legal to monitor your employees by covert surveillance? Mark Stevens reports on a ruling of the European Court of Human Rights.
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OAN and affordable housing

The Court of Appeal has addressed the relationship between the objectively assessed need for housing and the need for affordable housing. Hereward Phillpot QC examines the outcome.
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What is a bedroom?

A recent Upper Tribunal ruling on assessment of bedrooms could have a significant impact on stretched local housing authorities, writes Zishaan Saleem.
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Pass/fail questions and disqualification

Does failing a pass/fail question in public procurement = disqualification? Emma Butcher analyses a recent Technology and Construction Court ruling.
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Liabilities for contaminated land

Stephen Tromans QC and Rose Grogan discuss a rare contaminated land case in the Court of Appeal which considered the scope of “liabilities” for the purposes of the Part IIA contaminated land regime.
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Preventing the occupation of land

Timing is everything when obtaining an injunction preventing gypsies occupying land, writes David Lintott.
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Post Carillion insolvency: what next

The collapse of Carillion this week has thrown up a range of issues for local authorities and other public bodies. David Kilduff, James Mills and Kate Webster chart a way forward.
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Neighbourhood plans bolstered

A group of developers sought to challenge through the courts a written ministerial statement aimed at supporting neighbourhood plans. Richard Harwood QC analyses the outcome.
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Re X applications and representation

Lee Parkhill examines a Court of Protection ruling by Mr Justice Charles on Re X applications and representation for P.
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Selective licensing and company directors

Alice Richardson examines a case where the director of a property management company fined for a failure to license a property, was prosecuted personally.
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Dealing with icy car parks

The Court of Appeal recently rejected a claim for damages brought by a 78-year-old man who fell on ice in a council-operated car park. Claire Booth explains why.
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Book Review: Button on Taxis

After an eight-year gap there is a new edition of Button on Taxis. Professor Roy Light reviews the publication and the changes made.
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Licensing procedure and the Ombudsman

The Local Government & Social Care Ombudsman recently upheld a complaint against a council on licensing procedure. Paddy Whur examines the ruling.
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Revising the s.45 code of practice

The Cabinet Office recently put out to consultation a revised draft code of practice under s. 45 FOIA. Ibrahim Hasan examines the changes.
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Dealing with nuisance premises

How do local authorities deal with premises causing a nuisance? Paddy Whur explains the approach taken in proceedings brought by one London borough.
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Ownership certificates and planning

Nikki Fonseka explains the importance of correct ownership certificates in planning applications.
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VAT, sporting activities and HMRC

Shimon Shaw looks at an HMRC announcement in relation to VAT and local authorities' provision of sporting activities.

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