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Low traffic neighbourhoods

Oct 07, 2021
Philippa Jackson analyses the latest rulings in relation to low traffic neighbourhoods and what they mean for future legal challenges.

Harmful emissions and human rights duties

Oct 07, 2021
Stephen Tromans QC and Victoria Hutton consider a significant High Court ruling on the duties of the Environment Agency in relation to a landfill site.

Interim and final injunctions: the differences

Oct 07, 2021
Roderick Morton considers two injunction cases which neatly illustrate the differences between interim and final injunctions.

Subsidy Control - Referral to the Competition & Markets Authority

Oct 07, 2021
In the third article in a four-part series on subsidy control, Chris Harper and David Owens look at the role of the Competition and Markets Authority (CMA).

What now for public sector office buildings?

Oct 07, 2021
With the move to working from home, what will become of public sector office buildings? Amy Entwistle looks at the position in Scotland.

Capability and conduct dismissals

Oct 07, 2021
Can the Employment Tribunal “go behind' a final written warning? Madeleine Shields reports on a recent Employment Appeal Tribunal ruling.

List of issues

Oct 07, 2021
Peter Doughty looks at the lessons from a recent Employment Appeal Tribunal judgment around the list of issues.

The COVID-19 Inquiry: Preliminary thoughts on its scope and efficacy

Oct 07, 2021
Fiona Scolding QC, Christopher Jacobs, Carine Patry, Ben Fullbrook and Alex Goodman offer some preliminary thoughts on the scope of the public inquiry into the handling of the Covid-19 pandemic inquiry, scheduled to commence in 2022, focusing in particular on the inquiry’s “terms of reference”.

A commentary on the new powers in relation to quashing orders and abolition of the rule in Cart

Oct 07, 2021
David Lock QC, David Elvin QC and Richard Drabble QC look at the some of the potential consequences of the Judicial Review and Courts Bill.

Unregulated placements for children under 16

Oct 07, 2021
Can the High Court to still authorise, under its inherent jurisdiction, the deprivation of liberty of a child under the age of 16 following amendments to the Care Planning, Placement and Case Review (England) Regulations 2010? Tahmina Rahman, barrister at 1GC Family Law, considers the issues.

Possession – more change in England

Oct 03, 2021
From the beginning of this month, there has been yet more change on the possession front. Suzanne Gregson examines the latest position.

No case to answer: prosecution under s. 82 Environmental Protection Act 1990 dismissed

Sep 30, 2021
Sarah Salmon reports on how a social landlord successfully defended a private prosecution brought by an occupier of one of its properties under section 82 of the Environmental Protection Act 1990.

The new subsidy control regime: new rules on competition and relocation

Sep 30, 2021
In the second article in a four-part series, Edward Reynolds and David Owens consider two key provisions in the Subsidy Control Bill on competition and relocation of activities.

Carbon reduction and central government contracts

Sep 30, 2021
Jenny Beresford-Jones looks at the imminent prospect of Supplier Carbon Reduction Plans being assessed in large government contracts.

PFI contract expiry and handover assistance from the IPA

Sep 30, 2021
Is the support plan produced by the Infrastructure and Projects Authority one you can work with on PFI contract expiry? Martin Cannon looks at the details.

Assessment of costs in disrepair claims

Sep 30, 2021
The County Court recently considered the amount of legal costs that are recoverable in a disrepair claim that settled pre-issue. Stathis Kosteletos and Elena-Lucia Singleton analyse the ruling.

Employment Tribunal cases considering the risks posed by the COVID pandemic

Sep 30, 2021
Nick Murrell discusses two non-binding employment tribunal decisions concerning measures to protect pregnant workers during the pandemic and the dismissal of an employee who refuses to obey a management instruction due to COVID-related risks being automatically unfair.

Council’s charging policy held unlawful as it discriminated against severely disabled persons

Sep 30, 2021
Hannah Gibbs looks at the impact of a recent High Court decision on local authority charging policies.

Two-child benefit rule held lawful

Sep 30, 2021
Recently, in R (SC, CB and 8 children) v Secretary of State for Work and Pensions & ors [2021] UKSC 26 (“SC”), the Supreme Court held that the two-child rule (contained in the Welfare Reform and Work Act 2016) limiting key subsistence benefits to two children per household, was lawful. Yaaser Vanderman investigates.

Settlement agreements – waiving Personal Injury claims

Sep 30, 2021
In the case of Farnham-Oliver v RM Educational Resources LTD, the Queen’s Bench Division of the High Court allowed a Personal Injury claim (“PI claim”) to be pursued by an employee against his former employer despite the parties signing a Settlement Agreement in respect of an Employment Tribunal claim on the same issue. Julie Bann and James Hughes report.

Social care reforms in England - how will they work in practice?

Sep 30, 2021
Nicola Gunn of Anthony Gold Solicitors LLP, in association with Lexis PSL, considers what the reforms will mean in practice for those who require care.

Practice Direction 57AC Trial Witness Statements in the B&PC

Sep 29, 2021
Matthew Hall and Geraint Wheatley discuss various issues relating to evidence in property cases.

Mandatory off-site schooling

Sep 28, 2021
Jonathan Auburn QC examines the impact of the recent decision in CHF & ORS, R (On the Application Of) v Newick Church of England Primary School & Anor [2021] EWCA Civ 613 on the need for and provision of off-site schooling by schools and local authorities.

The recovery of tuition fees

Sep 24, 2021
Imogen Proud analyses the decision of the High Court in SS Education v CCP Graduate School Ltd to deny the recovery of tuition fees under the Education (Student Support) Regulations 2011.

Are you ready for UK GDPR 2.0?

Sep 23, 2021
Ibrahim Hasan sets out the key points from the Government's consultation on a revamped data protection regime.

The Subsidy Control Bill 2021: key questions for Parliament to consider

Sep 23, 2021
Jonathan Branton and Alexander Rose outline some key issues with the Subsidy Control Bill as it reached the second reading in Parliament this week.

Vaccinating 12 to 15 year olds

Sep 23, 2021
Stephanie McGarry and Alistair Taylor consider the Government’s updated guidance on Covid-19 vaccination of 12 to 15 year olds.

Fixed recoverable costs in housing conditions claims

Sep 23, 2021
The Government has decided to extend fixed recoverable costs to all civil claims, including housing conditions claims. Matthew Lake analyses the impact of the move.

Procurement and the UK Hydrogen Strategy

Sep 23, 2021
Kyle Duggan, Victoria Croshaw, Emily Heard analyse procurement issues in relation to the use of hydrogen in the transport sector.

Fixtures or fittings?

Sep 23, 2021
Although the facts related to a commercial dispute, the Technology and Construction Court’s recent approach to determining if something is a fixture or fitting applies across a range of legal areas, write Clive Adams, Stathis Kosteletos and Elena-Lucia Singleton.

Gillick competence, puberty-blockers and the Court of Appeal

Sep 23, 2021
Alex Ruck Keene examines the Court of Appeal’s ruling in the high-profile case on referrals for the prescription of puberty-blockers to children and young people under 18.

Civil claims in schools

Sep 23, 2021
Katherine Langley explores some of the more common types of claim that arise in a school setting to provide insight into the principles that will be considered when civil claims are brought and steps that can be taken by schools when implementing policies and procedures.

Looked after children in unregulated settings

Sep 20, 2021
What should local authorities do in the case of looked after children under 16 who are placed in unregulated settings after 9 September 2021? Samantha Broadfoot QC investigates.

Which local authority pays for aftercare after repeated detentions?

Sep 20, 2021
Leon Glenister takes a look at the Department of Health & Social Care's current position on determinations on s117 Mental Health Act 1983 disputes.

Social care funding: rapid response note

Sep 17, 2021
Fenella Morris QC, Sian Davies and Arianna Kelly analyse the Government's proposals for social care funding reform and look at the key issues for local authorities.

Local Government - new starter guide

Sep 17, 2021
The following LexisNexis practice note is aimed at trainee solicitors and those who are new to Local Government and explains the role of local government lawyers and provides an overview of the primary legal disciplines they will encounter.

You can never be too diligent - the issue of know your client

Sep 16, 2021
Paul Feild considers the risk to local authorities posed by money laundering and the importance of carrying out due diligence properly in their transactions.

Housing disrepair claims and costs

Sep 16, 2021
Social landlords who do not challenge costs are potentially overpaying by tens of thousands of pounds in some of these matters. Alex Bagnall explains how they can secure significant reductions.

Public procurement update

Sep 16, 2021
Lynsey Oakdene and Kathryn Vickers consider recent decisions on the role of expedited trials in maintaining automatic suspensions and the admissibility of expert evidence; other notable cases; and the government’s newest judicial review reform proposals.

The Court of Protection and “the most complex Covid patient in the world”

Sep 16, 2021
Alex Ruck Keene looks at the latest ruling by the Vice President of the Court of Protection on the withdrawal of treatment in a COVID context.

Subsidy Control Bill - The General Principles

Sep 16, 2021
In the first in a four-part series David Owens and Edward Reynolds review the Subsidy Control Bill.

Reversibility of works affecting heritage assets

Sep 16, 2021
The High Court recently dismissed a claim for judicial review of a decision to grant planning permission and listed building consent for a rear extension to a listed residential dwelling in Cambridge. Jack Parker explains why.

Asserting a statutory right

Sep 16, 2021
Peter Doughty examines the protection under s.104 Employment Rights 1996 (ERA) afforded to an employee from being dismissed for asserting a statutory right.

Relief from sanctions

Sep 15, 2021
Desmond Kilcoyne unpacks the relief from sanctions principles, considering the Denton test, applications for an extension of time, applications in respect of failure to comply with orders or otherwise which are outside the scope of Denton, alongside a look at practical guidance on preparing to apply for relief from sanctions.

Service of documents in civil proceedings: A lesson in getting it right

Sep 10, 2021
Lynsey Oakdene and Kathryn Vickers highlight a recent judicial review case in which the claim form was set aside because it was served late and the court declined to exercise its case management powers.

Mandatory Vaccination for Care Home Workers in England – Update

Sep 09, 2021
Rachel Murray-Smith and Francesca Gallagher look at the detail of the government's guidance on compulsory vaccination for care staff.

Placing children in Scotland

Sep 09, 2021
What do English local authorities need to know when placing a child in Scotland? Ellen Crofts and Lucia Clark explain.

LEPs and public funding

Sep 09, 2021
A Government review of Local Enterprise Partnerships is expected to lead to significant changes in how public funding is delivered in England, write Jonathan Branton and Alexander Rose.

Another month, another immunity case. Another question ducked by the court?

Sep 09, 2021
Roderick Morton analyses an appeal against a decision of an inspector to dismiss the appellant's appeal against an enforcement notice issued by a council in respect of the unauthorised conversion of a property into two flats.

Notification to the biological father

Sep 09, 2021
Fran Massarella reports on an appeal against an order refusing a mother’s application for permission to dispense with the requirement for the local authority to give notice of the proceedings to the child’s biological father.
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