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Applications to discharge special guardianship orders

Fran Massarella examines a Court of Appeal case which concerned the test for granting leave to apply to discharge a special guardianship order and the construction of s.14D(5) of the Children Act 1989. Read more
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  NEWS

May 12, 2021

Councils express concern at potential rise in homeless households as Government confirms ban on bailiff-enforced evictions to end on 31 May

The current ban on bailiff-enforced evictions will end on 31 May, the Ministry of Housing, Communities and Local Government (MHCLG) has confirmed.
May 12, 2021

Judicial review proceedings launched against Welsh council in waste recycling plant planning dispute

Judicial review proceedings have been launched against Caerphilly County Borough Council over the local authority's decision to give planning permission to a waste recycling plant without undertaking an Environmental Impact Assessment (EIA).
May 12, 2021

High Court issues key ruling on "Traveller Injunctions" and "persons unknown", criticises suspected procedural breaches and abuse of court procedures in applications for interim orders

There are grounds to suspect that, in a significant number of applications by local authorities for interim injunctions against “Persons Unknown” targeting unauthorised encampments on land, there were material and serious breaches of the procedural…
May 12, 2021

DVLA appoints law firm to £830k contract advising on exit from property PFI deal

The DVLA has handed law firm Gowling WLG a two-year contract worth more than £830,000 to advise on the expiry of a major PFI agreement.

  FEATURES AND ANALYSIS

May 06, 2021

Public houses and the ACV regime: the latest rulings

Christopher Cant analyses the latest appeal decisions in relation to the listing of pubs as assets of community value, covering issues including the recent past, financial viability and compensation.
May 06, 2021

The death of Panayi

Roderick Morton analyses an important Court of Appeal ruling for planning enforcement lawyers in relation to confiscation cases.
May 06, 2021

Change of use and appropriate conditions

The High Court recently quashed an inspector’s decision allowing change of use without appropriate conditions. Horatio Waller explains why a city council’s appeal was successful.
May 06, 2021

Litigators beware! Recent changes to Part 36 Offers

The Civil Procedure (Amendment) Rules 2021 (‘the CPAR 2021’) introduce a new Civil Procedure Rule 36.5(5) to clarify the issue of interest after the expiry of Part 36 offers. Mia Plume examines its impact.
May 06, 2021

You can’t claim that! Court finds exclusion clauses work just like any other clause

The recent case of Mott MacDonald Limited v Trant Engineering Limited serves as a timely reminder that exclusion clauses in construction contracts can and do work and will be enforced by the courts to prevent what may otherwise be valid claims write Clare Mendelle and James Goldthorpe.
May 05, 2021

Notices and statutory nuisances

A recent High Court ruling shows the need to avoid an overly technical approach to s.82(6) notices under the Environmental Protection Act 1990, writes Sarah Salmon.
May 05, 2021

Housing case law update - April 2021

Christopher Skinner, Rebecca Asady and Filip Bodnar round up the latest judgments of interest to housing associations and local authorities.

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  MORE FEATURES

May 05, 2021

Housing case law update - April 2021

Christopher Skinner, Rebecca Asady and Filip Bodnar round up the latest judgments of interest to housing associations and local authorities.
May 05, 2021

What a relief: relief from sanctions and missed deadlines

The High Court has given judgment in a case which indicates that relief from sanctions may be granted where a party has breached a court-imposed deadline and that deadline, even if agreed by consent between the parties, was unrealistic from the start. Alexander Campbell examines the ruling.
April 29, 2021

Paying for sex and the Court of Protection

The Vice President of the Court of Protection has issued a detailed judgment on, amongst other things, whether a care plan to facilitate contact with a sex worker could be implemented without the commission of an offence. Alex Ruck Keene examines the ruling.
April 29, 2021

Croyde Part 2 – Judicial Review and Certificates of Lawfulness

In the second article on the Croyde case, Roy Pinnock looks at the approach taken to certificates of lawfulness.
April 29, 2021

TUPE: Splitting employees’ contracts after a service provision change

In a case which leaves practical difficulties, the Employment Appeal Tribunal has confirmed that employees’ contracts can be split between multiple transferees on a service provision change, write Zoë Wigan, Hilary Larter and Ceri Fuller.
April 29, 2021

EU State aid law and the UK: The European Commission adopts new Regional Aid Guidelines

The European Commission has adopted new Regional Aid Guidelines providing preferential EU State aid law cover for awards of public funding that incentivise investment into economically underperforming areas. The new guidelines extend and update the Assisted Areas map and allow increased levels of intervention, write Jonathan Branton and Alexander Rose.
April 29, 2021

Public law judgments: When to seek clarification and when to ask for permission to appeal

The Court of Appeal recently allowed an appeal by a father against findings that he had sexually abused his daughter, on the basis that the judge’s analysis was insufficient and flawed. Joanne Oakes examines the ruling.
April 29, 2021

The High Court on empty rates mitigation and Makro type schemes

In a win for ratepayers, the High Court has clarified the law on empty rates mitigation. Jenny Wigley QC analyses the ruling.
April 29, 2021

Sparks Flying: Increasing Network Connectivity For Tenants

Lillee Reid-Hunt, James Nelson and Natasha Barlow look at the potential impact of The Telecommunications Infrastructure (Leasehold Property) Act 2021 on reducing delays in the installation of telecommunications equipment to leasehold properties.
April 29, 2021

Council meetings beyond 7 May 2021

What does the Divisional Court's ruling mean for local government? David Kitson, Victoria Barman and Mark Robinson look at what happens next.