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Capacity and housing: a strange relationship

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.

News headlines

Jun 11, 2018

Virgin Media to take council to Upper Tribunal over broadband rollout and land access

Virgin Media has instigated legal proceedings in order to reach a court-imposed agreement under the updated Electronic Communications Code (ECC) over land access with Durham County Council.
Jun 08, 2018

Council rapped for delays while homeless family left in crowded conditions

The Local Government & Social Care Ombudsman (LGO) has criticised a London borough after an investigation found that a mother and her five children were accommodated in a damp and mouldy single bedroom.
Jun 07, 2018

High Court quashes planning permission for care home expansion: report

The High Court has quashed planning permission for a care home expansion granted by Bath and North East Somerset Council despite officers’ objections, it has been reported.
Jun 07, 2018

Councils to be able to apply to establish new town development corporations

Councils will be able to set up locally accountable new town development corporations to promote new homes, Housing Minister Dominic Raab has said.
Jun 04, 2018

High Court to hear application for judicial review of right to rent scheme

The High Court will this week hear an application by the Joint Council for the Welfare of Immigrants (JCWI) for a judicial review challenge over the right to rent scheme.
Jun 01, 2018

Town council ordered to disclose contract with developer for sports complex sale

The First-tier Tribunal has upheld a decision by the Information Commissioner’s Office that required a town council to disclose a contract entered into more than five years ago with a developer over the multi-million pound sale of a sports complex.
Jun 01, 2018

NW housing association to set up first legal services panel worth up to £2m

A Liverpool-headquartered housing association has given notice of its intention to set up its first legal services framework agreement, which it expects to be worth up to £650,000 per annum.
May 31, 2018

Judges uphold listing of field as asset of community value despite trespassing

An open space can be designated as an asset of community value even if its present use is one arising from trespass, the Court Of Appeal has said.
May 31, 2018

Claimant fails in damages claim against council for housing breaches

A woman left in unsuitable housing is not entitled to damages from the London Borough of Enfield, the High Court has said.
May 31, 2018

Council hits out after court rules in favour of barrister on home extension

The London Borough of Camden has deplored a judgment that a barrister resident in Hampstead need not remove an extension built onto his home without planning permission.

Features and analysis

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.

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.

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.

DPIAs: when and how?

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

Contract Law in the Supreme Court

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

Imposing pre-commencement conditions

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

Time extension and ACAS EC

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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.

Contract Law in the Supreme Court

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

Homelessness and local connection

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

Homelessness and academic appeals

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The Court of Appeal has reiterated in the context of homelessness appeals that the discretion to allow an academic appeal to proceed where it raises a point of law of general importance is to be exercised exceptionally, writes Stephanie Lovegrove.

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