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Do local authorities have the power to impose a full scale local 'lockdown'? UPDATED

Sep 17, 2020
Christopher Bevan examines the powers available to local authorities particularly under Regulation 6 of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 in providing a local public health response to the incidence and spread of coronavirus.

POCA and planning offenders

Sep 17, 2020
Roderick Morton considers a recent Court of Appeal ruling which suggests the pendulum is swinging back towards a more balanced view of POCA confiscations in planning cases.

Money for nothing?

Sep 17, 2020
Catherine Urquhart looks at the background to why sacked employees are chasing interim relief.

Public law children case update: contact, nationality and stays

Sep 17, 2020
Georgina Dalton summarises the latest public law children rulings, covering issues such as contact during care, changing the nationality of children in care, and practice on granting short-term stays.

Emergency Services collaboration

Sep 17, 2020
Nathan East considers the PEEL report which looked into the successes and pitfalls of police-to-police collaboration.

Working with Planning Reform

Sep 17, 2020
The Dentons Planning Law Blog looks at the issues arising out of the Government's proposals for planning reform, including in relation to zoning and affordable housing.

Decisions whether to prosecute

Sep 17, 2020
Ben Williams sets out the general principles when it comes to decisions to prosecute.

Employment law and Covid-19

Sep 17, 2020
This Employment guidance note from LexisNexis provides comprehensive and up to date legal information covering employment law issues arising from the Covid-19 pandemic.

The "Rule of 6" Coronavirus Regulations

Sep 15, 2020
Gary Grant sets out the key elements of the government's new 'Rule of 6' regulations.

The LLG Grapevine 14th September

Sep 14, 2020
Deborah Evans, Dennis Hall and Helen McGrath discuss the EU Withdrawal Agreement, obesity, council audits, The Housing Ombudsman Annual Report, disqualification of non-compliant bids, employment law considerations of working from home, and more.

Introduction to Public Contracts Procurement

Sep 11, 2020
The following LexisNexis Local Government guidance note, produced in partnership with Walker Morris, provides comprehensive and up to date legal information covering public contracts procurement, including the impact of Brexit.

The NPPF and “out-of-date”

Sep 10, 2020
The Court of Appeal has handed down a judgment on the meaning of “out-of-date” in paragraph 11(d) in the National Planning Policy Framework. Matthew Fraser sets out the key points.

Continuous supervision and control

Sep 10, 2020
Alex Ruck Keene analyses a further judicial take on deprivation of liberty.

Possession Notices – all change once more!

Sep 10, 2020
Alex Loxton sets out the government's proposed changes to the notice periods to be given to tenants when seeking possession of a property.

TUPE and splitting contracts of employment

Sep 10, 2020
Can a contract of employment be divided between transferees following a TUPE transfer? Charles Pigott examines a recent ruling of the Court of Justice of the European Union.

Homelessness application: Interim relief, suitability and housing benefit

Sep 10, 2020
Clare Cullen considers a recent High Court decision to adjourn a case considering the suitability of interim accommodation where further information was required.

Planning inspectors and "split decisions"

Sep 10, 2020
A Planning Court judge has ruled on the proper approach to split decisions. John Hunter and Killian Garvey explain the outcome.

Noises and Smells

Sep 10, 2020
James Burton, Rose Grogan and Katherine Barnes provide a practical overview of the statutory and policy framework available to local authorities and others to address noises and smells.

What do the proposed planning reforms mean for landowners?

Sep 10, 2020
In this webinar, Paul Campbell, Zack Simons and other guests explain the proposed new planning reforms.

An opportunity not to be missed

Sep 09, 2020
John Howell MP and John Pugh-Smith call on the government, in its reform of the planning system, to take steps to promote the use of ADR.

Dealing with net zero, biodiversity and air quality issues in planning

Sep 08, 2020
Richard Barlow, Ben Standing, David Elvin QC and James Maurici QC consider the legal obligations and implications introduced by 'net zero' legislation. Also discussed: biodiversity net gain and dealing with air quality issues in planning.

Guide to Care Act 2014 repeals

Sep 04, 2020
The following LexisNexis Private Client guidance note provides comprehensive and up to date legal information covering repealed legislation (in whole or in part), secondary legislation revoked (in whole or in part), relevant new secondary legislation and statutory guidance and directions cancelled.

Cyfraith ddwy-ieithog a’r iaith Gymraeg yn y Llys Gweinyddol

Sep 04, 2020
Mewn penderfyniad diweddar parthed ad-drefnu ysgolion yng Nghymru ceir cymorth barnwrol, am y tro cyntaf, ar y dull gywir i ddehongli statud dwy-ieithog. Mae’r dyfarniad yn pwysleisio pwysigrwydd yr Iaith Gymraeg yn fwy eang, hefyd, ysgrifenna Owain Rhys James ac Isabelle Knight.

Bilingual devolved legislation, the Welsh language and public law

Sep 04, 2020
A recent High Court judgment deals with the mechanics of school reorganisation in Wales. However, the Court’s approach to interpretation of bilingual devolved legislation, and the importance of the Welsh language more generally, is of broader importance and interest to public law practitioners in Wales, write Owain Rhys James and Isabelle Knight.

Standing to bring a procurement challenge

Sep 03, 2020
A Technology & Construction Court judge recently ruled that a consortium bringing a procurement claim was not an economic operator under the Public Contracts Regulations 2015 and would have had no chance of winning a hypothetical procurement. Colin Ricciardello analyses the judge's reasoning.

Children in care and national identity

Sep 03, 2020
David Josty discusses a recent Court of Appeal ruling on the scope of a local authority's decision making in a relation to the national identity of a child in care.

Section 106s and the ‘technical traps’ submission – The final chapter?

Sep 03, 2020
A Planning Court judge has rejected a council's bid to disapply the pure principles of contractual interpretation to s.106 agreements. John Pugh-Smith explains why.

Delivering Infrastructure in Wales: Current issues

Sep 03, 2020
Russell Harris QC, James Maurici QC and Heather Sargent consider issues that infrastructure projects are currently facing in Wales, including the delivery of infrastructure in National Parks and AONBs, and the impact of the Habitats Regulations.

Housing Case Law Update - August 2020

Aug 31, 2020
Christopher Skinner, Helen Gascoigne and Elena-Lucia Stoian discuss important new housing law cases from June and July 2020.

Similar fact evidence in family proceedings

Aug 27, 2020
A mother recently won an appeal from a case management decision to exclude similar fact evidence in private family proceedings, ahead of a fact-finding hearing. The issues apply to public law cases as well, writes Hazel Samuriwo.

Freehold enfranchisement and local authorities

Aug 27, 2020
If the recent Law Commission proposals for the reform of freehold enfranchisement become law, it will be the first significant change in residential leasehold law for nearly 20 years. V. Charles Ward analyses the potential impact on councils.

Freehold enfranchisement and local authorities

Aug 27, 2020
If the recent Law Commission proposals for the reform of freehold enfranchisement become law, it will be the first significant change in residential leasehold law for nearly 20 years. V. Charles Ward analyses the potential impact on councils.

Housing with Care and use classes

Aug 27, 2020
Has the High Court ended the 'Housing with Care' Use Class debate? asks Rachael Herbert.

COVID-19 and supplier relief

Aug 27, 2020
Mo Olatuja considers the implications COVID-19 has had on public contracts and the plans to provide supplier relief.

Public sector exit payments and local authority restructuring

Aug 27, 2020
Sarah Lamont and David Kitson look at how public sector bodies can get ready for new regulations and guidance on exit payments.

Local authority powers and traffic offences

Aug 27, 2020
Rob Hann, local government solicitor and author, explores concerns over proposals for new council powers to impose fines and penalties on motorists for some moving vehicle offences.

Section 106 agreements and outline and s.73 planning permissions

Aug 27, 2020
The High Court has considered whether, following an outline planning permission for housing subject to a s106 agreement, section 73 permissions for essentially the same development were bound by the agreement. Christopher Lockhart-Mummery QC analyses the judgment.

Commercial Property and Property Litigation

Aug 26, 2020
Helen Marsh and Laura Hallett Lea discuss the challenges that tenants and landlords face as a result of COVID-19. They cover concessions, tenant break clauses and new lease following service of a break notice.

The 11th hour extension to the possession claim stay

Aug 24, 2020
Andy Lane and Tara O’Leary consider the late changes announced by the Government to extend the stay of possession claims beyond the 23 August deadline.

Obtaining possession of a secure tenancy

Aug 21, 2020
The following LexisNexis Local Government guidance note, produced in partnership with Karl King of Hardwicke Chambers, provides comprehensive and up to date legal information covering the grounds on which and steps required to obtain possession of a secure tenancy.

The 2020 Guidance on Statutory intervention and Localism

Aug 20, 2020
Paul Feild examines recent government guidance on statutory intervention into local authorities, and considers what councils should do to avoid it coming to pass.

Anti-social behaviour, rough sleeping and injunctions

Aug 20, 2020
In a rare occurrence, North Lincolnshire Council recently secured an injunction pursuant to the Anti-social behaviour, Crime and Policing Act 2014 in respect of two rough sleepers. The powers under section 1 of the Act tend to be used exceptionally and many Courts are unfamiliar with them, writes Ben Williams.

Child, mother, journalist – whose rights win out?

Aug 20, 2020
Matthew White analyses the first recorded High Court judgment concerning journalistic access to the court file in public law family proceedings.

Public law children case update: August 2020

Aug 20, 2020
Georgina Dalton summarises the latest Court of Appeal and High Court Family Division rulings, which cover issues such as regulated placements, the inherent jurisdiction and habitual residence, and a flawed hybrid hearing during the pandemic.

Is there a duty to give reasons when granting planning permission?

Aug 20, 2020
In planning decisions such as Environmental Impact Assessments (EIA) and planning appeals, a duty to give reasons is provided for in statute. But since its abolition in 2013, the duty to give reasons for the grant of planning permission by local planning authorities (LPAs) has not been a statutory requirement. Ros Trotman examines the growing body of case law where a common law duty to give reasons may arise.

The impact of withdrawn Part 36 offers when resolving disputes

Aug 20, 2020
Justine Soutter considers the effect of a recent case, involving a borough council, on withdrawn Part 36 offers for successful parties.

Liberty Protection Safeguards: DOLS and Re X still here until April 2022

Aug 20, 2020
Kerry Short looks at the implications for local authorities of the Government’s recent announcement of a delay to the implementation of the Liberty Protection Safeguards.

Code for Leasing Business Premises 2020: a Code with more bite?

Aug 20, 2020
The new Code for Leasing Business Premises (2020 Code) comes into force on 1 September 2020. Rob Harrison and James Atkins analyse the changes.

Discounted housing and the First Homes scheme

Aug 20, 2020
David Perry and Tim Willis examine the government’s latest proposals for mandatory provision of discounted housing through the First Homes scheme; including the classification of this tenure as “affordable housing” in planning policy terms.

ICO publishes Artificial Intelligence guidance

Aug 20, 2020
The Information Commissioner’s Office (ICO) has published the final version of its guidance on Artificial Intelligence and Data Protection. James Cassidy looks at the key points.
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