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Coronavirus (COVID-19) - Healthcare Tracker

Feb 05, 2021
This tracker is focused on healthcare and is intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to coronavirus (COVID-19) and healthcare.

Data-sharing safeguards: no ‘micro-managing’

Feb 05, 2021
Robin Hopkins looks at the lessons to be learned from an important Court of Appeal ruling on data-sharing, in a case involving the arrangements between a police force and a local crime reduction partnership.

Community Treatment Orders: does seeing patients remotely suffice?

Feb 05, 2021
Jonathan Auburn and Lucy McCann assess whether decision-making as to community treatment orders requires physical attendance.

Limitation in post-Covid procurement claims: What authorities and operators need to know

Feb 05, 2021
Following a recent High Court case which focused on limitation and communication issues in the post-Covid homeworking context, Gwendoline Davies and Lynsey Oakdene emphasise the importance of acting clearly and quickly when it comes to any potential procurement challenge.

Challenging the Streetspace Plan

Feb 05, 2021
The High Court recently quashed the Mayor of London's Streetspace Plan and TfL’s Bishopsgate Traffic Management Order. David Matthias QC and Charles Streeten explain why the black cab drivers succeeded.

Rooftop rows: What does an imposed Code agreement mean for site providers and operators?

Feb 05, 2021
Lillee Reid-Hunt and Christos Paphiti consider a recent Upper Tribunal decision that provides useful guidance on what site providers and telecoms operators can expect from the terms of an imposed Code agreement, especially in relation to upgrading and sharing of equipment and ballpark consideration and compensation figures.

Responsibility for pupil attacks on teachers and assistants

Feb 05, 2021
A council’s successful appeal in a case where a teaching assistant was attacked by a pupil is a reminder that a failure in a written risk assessment is not fatal - causation is key, writes Leah Jones.

Ripping up the Mental Health Act - the journey continues

Feb 05, 2021
The Government has published a white paper on reforming the Mental Health Act 1983, promising that its proposed changes would provide patients with greater choice and autonomy in a mental health crisis. Sophy Miles sets out the key points.

Varying planning permissions

Feb 03, 2021
Landmark Chambers and Herbert Smith Freehills host a webinar to discuss the current state of the law on varying planning permissions, the impact of recent case law including Lambeth and Finney, explain the practical implications for developers, landlords, tenants and funders, and propose some possible ideas for reform.

Incapacious respondents to closure order proceedings: Ealing LBC v M

Feb 02, 2021
Siân McGibbon and Joshua Hitchens analyse the subject of incapacious respondents to closure order proceedings following a recent ruling.

Terminating flexible tenancies

Feb 02, 2021
Anneli Robins analyses the Court of Appeal's ruling in a case where the principal issue was whether a landlord can terminate a fixed term secure flexible tenancy agreement prior to the expiry of the fixed term if no express provision is made in the tenancy agreement for re-entry or forfeiture.

Housing case law update - January 2021

Feb 02, 2021
Michael Owen, Natalie Hurst and Claire Hogan-Clark round up the latest judgments affecting housing associations and local authorities.

Fire safety, cladding and compartmentalisation

Feb 02, 2021
John Murray and Stephen Radcliffe consider key fire safety issues for social landlords including in relation to cladding and compartmentalisation.

Coronavirus (COVID-19) - Governance Tracker

Jan 29, 2021
This tracker from LexisNexis Local Government intended to be used to track the most recent key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to coronavirus (COVID-19) local authority governance, where relevant to local government lawyers.

Leisure centre losses during the pandemic

Jan 29, 2021
Louis Sebastian analyses a High Court dispute between a council and a leisure centre provider over where losses arising from closure of facilities during the current coronavirus pandemic fall.

A bold new world?

Jan 29, 2021
Kieran McGaughey provides some practical tips for local authorities in tackling the new subsidy control regime.

Public open spaces and development

Jan 29, 2021
The conflict between the need for open spaces for recreation and the availability of land for residential development has resulted in another interesting Court of Appeal decision, writes Christopher Cant.

Ceasing discretionary functions and powers

Jan 29, 2021
Matthew Alderton sets out some key issues for public bodies to consider when they are contemplating ceasing discretionary functions.

Interim care orders, parental alienation and procedural fairness

Jan 29, 2021
Francesca Massarella looks at a recent appeal against an interim care order in a case of potential alienation.

Family care and the lockdown regulations

Jan 29, 2021
Alex Ruck Keene analyses an important (but nuanced) Court of Protection decision in a case where a deputy suspended parents' contact with a 30 year old man with autism during the first nationwide lockdown.

FOI, disclosure of information and actionable breaches of confidence

Jan 29, 2021
Monckton Chambers summarises a recent Upper Tribunal ruling involving a council and the FOIA exemption in relation to actionable breaches of confidence.

When is a policy not a policy: Supreme Court on Heathrow expansion

Jan 29, 2021
In February 2020, the Court of Appeal decided that the Government policy on airport expansion at Heathrow was unlawful on climate change grounds. The Supreme Court has now reversed this decision. David Hart QC considers this development.

Planning case law: Asda Stores v Leeds City Council

Jan 28, 2021
Stephanie Hall looks at a recent Court of Appeal judgment which concerns whether paragraph 90 of the NPPF means what it says when it suggests that permission “should be refused” for development having a significant adverse impact on a retail centre.

Book review: A Guide to Local Authority Companies and Partnerships (‘LACAPs’)

Jan 22, 2021
This unique book charts how partnerships, involving local authorities, the private sector and/or the voluntary sector, can be established within the current legal and accounting framework. Kieran McGaughey reviews the text.

EIAs, end products of development and greenhouse gases

Jan 22, 2021
Do Environmental Impact Assessments apply to products derived from a development? David Hart QC looks at a recent case concerning the grant of planning permission for drilling for oil.

School uniform policies and Indirect Discrimination under the Equality Act 2010

Jan 22, 2021
Khatija Hafesji looks at the legal action threatened against Muslim parents in relation to their daughter’s breach of school uniform policy.

Use Class C2 or C3? - proceed with care

Jan 22, 2021
Sarah Skuse and Dalee Kaur look at a High Court ruling on whether a housing developer's retirement living scheme was classed as a residential institution or a dwelling.

State aid to Subsidy Control

Jan 22, 2021
David Owens, Edward Reynolds and Matthew Waters warn that the new trade agreement between the UK and European Union is likely to lead to greater uncertainty for grant-making bodies.

Reviewing the risks facing the social housing sector

Jan 22, 2021
Jo Loake summarises the key points from the Sector risk profile 2020 issued by the Regulator of Social Housing.

Data protection under the EU GDPR

Jan 21, 2021
The following Information Law precedent from LexisNexis provides comprehensive and up to date legal information covering data protection after the final withdrawal of the United Kingdom from the European Union.

Planning case law in 2020: A recap

Jan 21, 2021
Matthew Fraser and Heather Sargent look back on most important planning law cases of 2020.

The Office: District Judge rules on Covid-19 Summary Review

Jan 20, 2021
An experienced district judge has issued the first fully reasoned judgment on a Covid-19 summary review. Gary Grant analyses the ruling.

Delivering leisure facilities in a post-covid world

Jan 20, 2021
The pandemic has introduced new hurdles in the provision of local authority led leisure services. Peter Ware, Catherine Rustomji and Alex Kynoch look at the different options available to councils, including establishing a charity.

Curing a breach of the Public Sector Equality Duty in possession proceedings

Jan 15, 2021
Christian Grierson and Simon Kiely examine the impact of a High Court judge’s ruling on whether a breach of the public sector equality duty (PSED) can be cured in possession proceedings.

Occupiers and a failure to warn

Jan 15, 2021
Emma Woods examines a High Court ruling on whether a council was under a duty to warn that a cricket match was taking place.

Changing safeguards for children in care: the Article 39 case

Jan 15, 2021
David Gregory looks at a powerful recent Court of Appeal judgment on the consultation undertaken by the Government on changes to the delivery of children's services during the pandemic.

Age assessments 2020: a year in review

Jan 15, 2021
Donnchadh Greene provides an overview of some of the key legal cases in 2020 concerning age assessments and support for those whose age is disputed.

Anticipatory deprivations of liberty and autonomy

Jan 15, 2021
Anna Dannreuther analyses a recent judgment that discussed anticipatory deprivation of liberty orders in the context of prospective loss of capacity and the tension between respecting a young person’s autonomy and protecting them from harm when making best interest decisions.

One more time - multiple planning permissions

Jan 15, 2021
Mark Child analyses a recent Court of Appeal judgment involving a national park authority and what it means for sites with multiple planning permissions and the practice of ‘drop-in’ permissions.

Commencing criminal proceedings - applying for the issue of a summons

Jan 14, 2021
The following Corporate Crime practice note from LexisNexis provides comprehensive and up to date legal information covering the correct procedure for bring a criminal prosecution.

VAT’s the way I like it (if you’re the paying party)

Jan 14, 2021
Martin Carter explains the Court of Appeal’s decision in R (Friends of the Earth Limited) v Secretary of State for Transport [2021] EWCA Civ 13, which provides useful clarification on whether the Aarhus costs caps in the CPR are inclusive or exclusive of VAT.

The halt on evictions (again)

Jan 14, 2021
Amy Kelly analyses the latest prohibition on enforcement of some possession orders in England and Wales.

PPN 11/20 and reserving contracts for local suppliers - a sting in the tail for local authorities

Jan 13, 2021
Local authorities should be wary of reserving contracts for local suppliers, as recommended by a recent Procurement Policy Note, writes Andrew Millross. Other contracting authorities may want to maximise their use of this guidance.

A Tale of Two Cities: Different approaches in residential s.78 appeals

Jan 10, 2021
Paul G Tucker QC compares the approach and outcome in two appeals with very similar characteristics which give rise to a very different outcome as a result of residential appeals determined at the end of last year.

Green Paper: transforming public procurement law

Jan 08, 2021
Peter Ware, Rachel Whitaker, Michael Mousdale and Louise Bennett examine the proposed changes to procurement law set out in the government's green paper.

Limiting planning permission to that applied for

Jan 08, 2021
The Court of Appeal has confirmed that the use permitted must be limited to that applied for, write Saira Kabir Sheikh QC and Charles Streeten.

Covid-19 Regulations – the enforcement role of local authorities

Jan 08, 2021
Horatio Waller looks at defining the enforcement role of local authorities and best practice on ‘designating’ officers for enforcement purposes.

Remote meetings: planning for permanence

Jan 08, 2021
Ed Hammond looks at the benefits of remote meetings and the likelihood the arrangements facilitating them will be put on a permanent footing.

Insolvency influx – the upsurge of CVAs

Jan 08, 2021
James Nelson examines the rise in Company Voluntary Arrangements, analyses their impact on commercial leases and explains how landlords, including public bodies and local authorities, can respond.

When you lose an Article 4 direction

Jan 08, 2021
The Administrative Court recently upheld a conviction for failure to comply with an enforcement notice despite the council losing an Article 4 direction. Roderick Morton looks at the lessons to be learned.
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