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Listing ACVs and compensation

Dec 04, 2020
Ruth Stockley analyses the first Upper Tribunal decision on compensation provisions relating to assets of community value.

Refusing an offer of accommodation

Dec 04, 2020
A London borough has succeeded in the Court of Appeal on the issue of what constitutes a refusal under s.193(7) of the Housing Act 1996. Michael Mullin and Elizabeth England explain why.

Capacity and EHC Plans

Dec 04, 2020
Matthew Wyard considers an important ruling for local authority education departments on how the Children and Families Act 2014 regime for over 18s and the Mental Capacity Act 2005 regime intertwine.

Reporting upon capacity for the court (and more broadly) – what (not) to do

Dec 04, 2020
A recent Court of Protection decision serves as an important reminder of how demanding the process of assessing and reporting upon capacity is – or should be, writes Alex Ruck Keene.

The Standard of Proof in Inquests

Dec 04, 2020
Jonathan Landau examines the implications for local authorities of the Supreme Court's ruling in the Maughan case.

Local Plans and SEA material

Dec 04, 2020
A challenge to the Harrogate Local Plan succeeded on the narrowest and resolvable point, but failed fundamentally on all other grounds, writes Richard Sagar.

Land-use conflict

Dec 04, 2020
The Supreme Court has given an important ruling on the discharge of restrictive covenants. David Sawtell analyses the judgment.

Coronavirus (COVID-19) – implications for property

Dec 03, 2020
The following Property practice note from LexisNexis provides comprehensive and up to date legal information covering the implications for commercial and residential property of the Coronavirus (COVID-19) pandemic.

The LLG Grapevine 1st December

Dec 01, 2020
Deborah Evans, Dennis Hall and Helen McGrath from LLG, discuss Devolution, All Party Parliamentary Groups. the Environment Bill, the Joint Committee on Human Rights, the Draft Building Safety Bill, the Spending Review and more.

Local Government Brexit tracker

Nov 27, 2020
This tracker is intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to Brexit relevant to local government lawyers. It is arranged alphabetically by topic and is designed to provide an easy reference point for relevant content for lawyers to support preparation for and implementation of the United Kingdom’s withdrawal from the European Union.

Vaccinations for children

Nov 27, 2020
When it comes to vaccinations for children, what happens when there is disagreement either between parents or between parents and the local authority? Sophia Stapleton looks at the legal background.

Robust decision-making

Nov 27, 2020
Matthew Alderton examines how public bodies reduce the scope for an irrationality challenge.

The Divisional Court on new permitted development rights

Nov 27, 2020
The Divisional Court recently rejected a challenge to radical new permitted development. Gary A Grant summarises the judgment.

On good terms? Part 2

Nov 27, 2020
In the second of a two-part series, Kieran McGaughey completes his 10 top tips for contracting via the procurement process.

Can foster carers be employees?

Nov 27, 2020
Mark Radford looks at the question of whether or not foster carers can be employees following a recent Employment Appeal Tribunal case.

HMO licensing, the ‘fit and proper’ test and spent convictions

Nov 26, 2020
The Court of Appeal has provided clarity for the test of a ‘fit and proper’ licence holder for houses in multiple occupancy (HMOs), write Simon Kiely and Christian Grierson.

Who is going to win the race to the bottom? Make sure it's not you

Nov 26, 2020
Rebecca Rees and Scott Dorling look at potential solutions to some of the significant issues facing the social and affordable housing sector.

Housing case law update - November 2020

Nov 26, 2020
The last month has seen the Court of Appeal and the High Court hand down a number of key rulings affecting the housing sector. Paul Lloyd, Charlotte Rawson and Jatinder Bhamber analyse the judgments.

An end to the water re-seller saga?

Nov 26, 2020
The Court of Appeal has upheld a ruling leaving social landlords facing significant compensation bills for water overcharging. Does your water arrangement expose you to compensation claims? Virginia Cooper and Jason Tandy analyse the impact of the judgment.

Empty home strategies and homelessness

Nov 26, 2020
Lyndon Campbell examines why local authorities are using enforced sales to tackle homelessness.

Exit pay cap regulations

Nov 25, 2020
What do the Exit Pay Cap Regulations do and what challenges might they present? Allison Cook and Mark Heath discuss the regulations.

November 2020 Mental Capacity Report walkthrough

Nov 24, 2020
Alex Ruck-Keene provides an overview of 39 Essex Chamber's November update on mental capacity issues in the courts this month.

The LLG Grapevine 24th November

Nov 24, 2020
This week sees a special feature with guest contributor Ed Hammond from the Centre for Governance and Scrutiny to discuss pandemic stresses and pressures on local authorities, governance challenges, the need for safeguards, reporting of decisions and the importance of review and reflection.

Coronavirus (COVID-19) - Managing the Workplace

Nov 20, 2020
The following LexisNexis Employment practice note provides comprehensive and up to date legal information covering the management of workplaces during the Coronavirus pandemic.

Local authority powers to obtain injunctions

Nov 20, 2020
The Court of Appeal has upheld the right of local authorities to obtain injunctions using their broad, general power to issue legal proceedings under section 222 of the Local Government Act 1972. Alexander Campbell looks at the lessons to be learned.

On good terms?

Nov 20, 2020
In the first in a two-part series, Kieran McGaughey provides top tips for contracting via the procurement process.

Environmental sustainability as a governance priority for housing associations

Nov 20, 2020
Nathan Bradberry, Sarah Greenhalgh and Deborah Rowntree look at the National Housing Federation Code of Governance’s new requirement for boards of housing associations to set financially sustainable plans with specific consideration given to “carbon neutrality and environmental sustainability”.

Whistleblowing: Employment tribunal time limits and the application of the ACAS code of practice

Nov 20, 2020
The Employment Appeal Tribunal has held that the ACAS Code of Practice on Disciplinary and Grievance Procedures may apply to whistleblowing allegations. It has also held that the imposition of a new contract was a one-off act with continuing consequences, not an act extending over a period, write Zoë Wigan, Ceri Fuller and Hilary Larter.

Prospective adopters and return of the child to the local authority

Nov 20, 2020
Francesca Massarella examines a recent mandatory injunction application by prospective adopters for the return of one sibling back to their care pursuant to the Human Rights Act 1998.

Lawyers, a call to arms, you need to defend local democracy

Nov 20, 2020
Cllr Clive Stevens outlines the need for more transparency in local government and highlights the role monitoring officers play.

Licensing v.2.0 – a system reboot post-Covid

Nov 19, 2020
Philip Kolvin QC considers possible reforms to the licensing system that he says, if made in the wake of the pandemic, might determine the future of our towns and cities over the next 25 years.

Section 73 permissions, planning conditions and planning obligations

Nov 18, 2020
Four recent decisions have not only decided important points regarding planning conditions, section 73 permissions and section 106 planning obligations but have also provided helpfully a more general consideration of the operation of these two statutory provisions which provided the building blocks leading to the decisions reached, writes Christopher Cant.

Who needs to know what?

Nov 16, 2020
The latest phase in the roll-out of the 5G mobile phone network has thrown up a legal issue of general interest to local government lawyers about the way consultations are conducted, writes David Wolfe QC.

Planning court – Not so fab four

Nov 13, 2020
Richard Harwood QC considers the means of challenging planning and related decisions and suggests possible reforms.

"Late" review decisions and s.204 homelessness appeals

Nov 13, 2020
The Court of Appeal has considered the issue of “late” review decisions and section 204 (homelessness) appeals. Andy Lane and Riccardo Calzavara report on the outcome.

Taxi drivers: the "fit and proper" standard and the benefit of the doubt

Nov 13, 2020
A taxi driver was recently not given the benefit of doubt over inappropriate behaviour towards children. Matt Lewin explains why.

That ADR feeling

Nov 13, 2020
The Independent Review of Administrative Law and the Civil Justice Council review of Pre-Action Protocols need to highlight the tangible benefits that can be derived from the greater promotion and use of ADR within the current administrative law system, writes John Pugh-Smith.

The inherent jurisdiction, deprivation of liberty and out of hours applications

Nov 13, 2020
The Court of Appeal recently set out seven lessons for judges and practitioners in cases where urgent applications without notice are made, after concluding that a disabled man had his human rights breached. Alex Ruck Keene analyses the ruling.

Areas of Outstanding Natural Beauty and the exceptional circumstances test

Nov 13, 2020
The Planning Court has dismissed a challenge to a decision granting planning permission for relocation of works at a nuclear power station within an area of outstanding natural beauty (AONB). Leanne Buckley-Thomson analyses the ruling.

When practical jokes go badly wrong

Nov 13, 2020
Is an employer vicariously liable for its employees’ practical jokes? Zoë Wigan, Ceri Fuller and Hilary Larter analyse a recent High Court judgment.

That ADR Feeling

Nov 12, 2020
The Independent Review of Administrative Law and the Civil Justice Council review of Pre-Action Protocols need to highlight the tangible benefits that can be derived from the greater promotion and use of ADR within the current administrative law system, writes John Pugh-Smith.

Voting in the Law Society membership ballot

Nov 09, 2020
Local government solicitors need to check by 11 November that they are eligible to vote on the proposed changes to the Law Society Council, writes Maria Memoli.

Care and support for disabled and elderly people during ‘Lockdown 2’ in England - key legal considerations

Nov 09, 2020
Steve Broach and Sian Davies consider the implications of the second lockdown for people in need of care and support and the families and professionals involved in their lives.

The LLG Grapevine 9th November

Nov 09, 2020
This week sees a special feature with guest contributor Derek Bedlow from the Local Government Lawyer to discuss the 'Life After Lock-down Survey' and what this means for the future of lawyers in the profession. We also discuss Brexit, Public Appointments & Transparency and the Location of Power between Central and Local Government.

DHSC care home visiting guidance

Nov 06, 2020
The Department for Health and Social Care has published its eagerly awaited care home visiting guidance for England. Alex Ruck Keene sets out the key points.

For COVID’s sake, get me to the polls on time!

Nov 06, 2020
Timothy Straker QC and Katharine Elliot analyse current law regarding local authority change of governance referendums, including in light of the COVID-19 pandemic.

Publicly-owned companies, finance and state aid

Nov 06, 2020
Are measures adopted by publicly owned companies state resources for the purposes of state aid rules? Athina Agrafioti reports.

Highways, snow and ice

Nov 06, 2020
Matthew Mawdsley analyses the first reported decision on s. 41(1A) of the Highways Act 1980 and the question of reasonable practicality.

Enfield London Borough Council v Persons Unknown: Applications for retrospective permission

Nov 06, 2020
Justine Soutter looks at the important implications a recent case involving a London borough may have for other local authorities dealing with fly tipping and unauthorised encampments.

Does “commercial common sense” play a part in the interpretation of a contract?

Nov 06, 2020
Phoebe Holland breaks down the key messages in a recent High Court judgment on the legal principles of good faith, implied rationality and commercial common sense.
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