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Housing case law update - June 2020

Jun 29, 2020
Daniel Skinner and Natalie Hurst examine the latest housing-related cases in the Court of Appeal, High Court and Upper Tribunal.

Gas safety certificates and possession proceedings

Jun 29, 2020
Sarah Salmon examines an important Court of Appeal ruling on section 21 notices and the service of relevant gas safety records.

The section 188(1) duty and the Homelessness Reduction Act

Jun 29, 2020
Toby Vanhegan looks at a recent High Court ruling on amendents introduced by the Homelessness Reduction Act 2017.

Disrepair during COVID-19

Jun 29, 2020
Victoria Curran looks at how to take a pragmatic and common sense approach to housing disrepair during the coronavirus pandemic.

The COVID-19 “New Deal”​

Jun 29, 2020
Russell Harris QC explains how the delivery of housing association dwellings could be boosted at a stroke.

Private registered providers and the EIRs

Jun 29, 2020
The Upper Tribunal has confirmed private registered providers are not subject to the Environmental Information Regulations. Kate Dimes Letters and Andrew Latham look at the key points of the ruling.

Income-strip and housing supply

Jun 29, 2020
When it comes to boosting housing supply, is income-strip a potential solution? Paul McDermott looks at the advantages.

Variation and enforcement of s.106 – Part 3: relationship to s.73 TCPA

Jun 26, 2020
In the third in a series of articles by barristers at Landmark Chambers on varying s.106 obligations, Matthew Henderson looks at the relationship to s. 73 of the Town and Country Planning Act 1990.

Local government contracts and the ultra vires doctrine

Jun 26, 2020
In the light of the recent school facility management case invoving the Isle of Wight Council, Rob Hann takes a look at the weapons now available to local government to avoid the ‘horrors’ of ultra vires.

Ch-ch-ch-ch-changes - a practical checklist for varying public sector agreements

Jun 26, 2020
How should you go about varying agreements? Kieran McGaughey provides a practical checklist.

The right to lobby councillors: Holborn Studios 2

Jun 26, 2020
A High Court judge recently considered the right of local councillors to receive correspondence from the public and to consider it when making decisions. Richard Harwood QC analyses the outcome.

Child protection, diplomatic immunity and human rights

Jun 26, 2020
Hannah Whitehouse summarises two recent decisions by a High Court judge in relation to diplomatic immunity and public law children proceedings that are likely to be significant and have wide-reaching ramifications.

How to (lawfully) rename streets and remove statues

Jun 26, 2020
Ruchi Parekh highlights the relevant legal framework and some of the issues that councils will need to consider before amending their street names or removing statues.

Site allocation plans and Green Belt release

Jun 26, 2020
A Planning Court judge recently allowed a legal challenge to the Leeds Site Allocations Plan. Jenny Wigley explains why.

Asking employees to re-apply for their old jobs

Jun 26, 2020
Can an employer ask a redundant employee to apply for their old job? Mark Stevens examines a recent Employment Appeal Tribunal (EAT) ruling.

COVID-19 & RIDDOR for care providers

Jun 26, 2020
Edward Sainsbury and Peter James consider when and when not to report in relation to COVID-19 and RIDDOR.

Al Fresco eating and drinking under the Business and Planning Bill 2020

Jun 25, 2020
Through the Business and Planning Bill 2020, introduced this week, the government is looking to simplify and reduce the costs of the licensing process for outdoor seating and stalls. Gary Grant analyses the licensing aspects of the legislation.

Homelessness and COVID-19

Jun 24, 2020
Catherine Rowlands, Andy Lane and Tara O'Leary consider the impact of the pandemic on homelessness with a focus on the rough sleeper initiative, the issues of priority need, intentionality and homelessness/threatened with homelessness, and the issues faced by front-line officers investigating cases and securing information.

Public law update: relinquished babies

Jun 22, 2020
In this family law webinar, Michael Jones gives a public law update on babies relinquished for adoption.

The First-tier Tribunal (Property Chamber) - practice and procedure

Jun 19, 2020
This Property Disputes guidance note from LexisNexis provides comprehensive and up to date legal information covering the jurisdiction, practice and procedure of the First-tier Tribunal (Property Chamber).

Access to viability assessments: Holborn Studios 2

Jun 19, 2020
In the first of two articles Richard Harwood QC considers what the Planning Court had to say about the public's right of access to viability assessments.

Varying s106 obligations Part 2: S106B appeals

Jun 19, 2020
In the second in a series of articles from Landmark Chambers on the subject of the variation and enforcement of s106 obligations, James Maurici QC considers s106B appeals in relation to variations and discharge.

Requests for care pending assessment

Jun 19, 2020
A recent judgment is extremely significant for local authorities considering requests to provide care pending assessments or reassessments of needs, writes Arianna Kelly.

Pensions: the employer’s duty to inform its employees

Jun 19, 2020
Police Scotland was found to have failed to inform an employee of important changes to their pension scheme in a recent Pension Ombudsman case which shed light on the employer's duty of care to its employees. Alice Kinder outlines the judgment.

COVID-19 changes to SEN duties

Jun 19, 2020
Steve Broach and Gethin Thomas look at the latest changes to SEN duties during the Covid-19 pandemic.

Coronavirus and the duty to house

Jun 18, 2020
The High Court has found that local authorities are not obliged to provide furniture and white goods for unfurnished accommodation, writes Tom van der Klugt.

The LLG Grapevine 15th June

Jun 15, 2020
Deborah Evans, Dennis Hall and Helen McGrath of LLG discuss legal considerations pertaining to the removal of statutes, the draft Model Code of Conduct, the 4th Health Amendment Regulations, procurement - fraud and corruption, PFI assets and contracts, challenges for women lawyers, virtual court hearings and housing possessions.

Quick guide to landlord’s remedies for breach of lease

Jun 12, 2020
The following property disputes guidance note from LexisNexis provides comprehensive and up to date legal information for commercial landlords.

Varying a s106 obligation

Jun 12, 2020
In the first in a series of articles to be published by a group of Landmark barristers over the coming weeks, Kate Olley looks at the variation and enforcement of s106 obligations.

The End of PFI or… a new dawn for local authority infrastructure investment?

Jun 12, 2020
Rob Hann assesses new guidance from the National Audit Office for public bodies as PFI contracts start coming to an end, and looks at what the future holds for local authority investment.

Time limits for tender challenges

Jun 12, 2020
Rhodri Williams QC examines a recent High Court ruling on the test for extending time to bring a public procurement challenge.

Childcare proceedings and autistic parents

Jun 12, 2020
A recent judgment incorporated a useful overview of how best to approach cases involving a parent with Autistic Spectrum Disorder and the reasonable adjustments which may need to be made, writes Anna Sutcliffe.

A lesson in legal alchemy

Jun 12, 2020
A CAAD appeal relating to 135 homes was recently dismissed as inappropriate development in the Green Belt. James Pereira QC and Daisy Noble explain why.

Capacity and silos (again)

Jun 12, 2020
The Court of Protection team at 39 Essex Chambers consider a recent case that shows the difficulty in reconciling the decision and time-specific structure the MCA requires when assessing capacity with the approach outlined by the Court of Appeal.

Environmental impact assessment and contamination screening

Jun 12, 2020
Stephen Tromans QC and Adam Boukraa examines a Planning Court judge's ruling that a screening process was defective.

The Court of Appeal, decision-making capacity and sex

Jun 11, 2020
An important ruling from the Court of Appeal raises the question: have we been getting it all wrong? Alex Ruck Keene analyses the judgment.

Civil Penalty Notices

Jun 10, 2020
Vilma Vodanovic and Alice Richardson examine Civil Penalty Notices. These are part of the range of enforcement measures available to Local Authorities against private residential landlords. The session explores appeals for such Notices in the First-Tier Tribunal Property Chamber, including an explanation of the process and useful tips.

Improvement Notices & the First-Tier Tribunal Property Chamber

Jun 10, 2020
James McHugh and Morgan Brien examine Improvement Notices in relation to Landlords, Local Authorities and their advisers.

Houses in Multiple Occupation (HMOs)

Jun 10, 2020
Alice Richardson and Morgan Brien examine Houses in Multiple Occupation (HMOs). The webinar will be of interest to a wide range of Landlords, as well as Local Authorities and their advisers.

First-Tier Tribunal, Property Chamber Appeals – practice and procedure

Jun 10, 2020
Housing and Property Litigation barristers Vilma Vodanovic and Tom Tyson examine the Appeals process in the First-Tier Tribunal Property Chamber.

Elections and the Coronavirus Act 2020

Jun 05, 2020
Allison Cook, Public Sector Partner at VWV, talks to specialist in elections law, Mark Heath about the changes to elections introduced under the Coronavirus Act 2020.

The Public Law Outline 2014

Jun 05, 2020
This Practice Note provides practical guidance on key aspects of procedure and the PLO 2014 for public children proceedings.

Decision time

Jun 05, 2020
Shivaji Shiva looks at government initiatives, as part of its response to the COVID-19 pandemic, to reshape our towns and cities for safer travel.

The outdoor café campaign

Jun 05, 2020
Philip Kolvin QC looks at a potential solution to the challenge of allowing outside drinking as premises look to recover from lockdown.

The public interest test under EIR and FOI: weighting the arguments

Jun 05, 2020
A recent decision of the Upper Tribunal, under the Freedom of Information Act 2000 (FOI), provides a useful reminder of what a public authority needs to do when applying the public interest test, writes Ibrahim Hasan.

Children case law update: vaccinations and appeals out of time

Jun 05, 2020
Georgina Dalton summarises a recent Court of Appeal ruling on vaccination of children in care, and a High Court decision on an appeal out of time.

COVID-19 related checks and proposals: pitfalls, tips and an update

Jun 04, 2020
As part of their mini webinar series on rating law, Luke Wilcox and Stephen Morgan discuss COVID-19 related checks and proposals.

Gulliksen dead and McGeown fatally wounded?

Jun 04, 2020
Matthew White looks at the key points for highways authorities and claimants from an important Court of Appeal ruling this week.

Development plan issues

Jun 04, 2020
With the Government apparently maintaining its objective of having all local plans in place by the end of 2023, this webinar considers the current issues for development plan preparation arising from the restrictions imposed in response to the coronavirus pandemic.

Changes to insolvency legislation

Jun 04, 2020
The Government has announced changes to the insolvency framework, including provisions relating to PPP and PFI contracts. Melanie Pears and Tim Care look at the key points.
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