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Public houses and the ACV regime: the latest rulings

May 06, 2021
Christopher Cant analyses the latest appeal decisions in relation to the listing of pubs as assets of community value, covering issues including the recent past, financial viability and compensation.

Applications to discharge special guardianship orders

May 06, 2021
Fran Massarella examines a Court of Appeal case which concerned the test for granting leave to apply to discharge a special guardianship order and the construction of s.14D(5) of the Children Act 1989.

The death of Panayi

May 06, 2021
Roderick Morton analyses an important Court of Appeal ruling for planning enforcement lawyers in relation to confiscation cases.

Change of use and appropriate conditions

May 06, 2021
The High Court recently quashed an inspector’s decision allowing change of use without appropriate conditions. Horatio Waller explains why a city council’s appeal was successful.

Litigators beware! Recent changes to Part 36 Offers

May 06, 2021
The Civil Procedure (Amendment) Rules 2021 (‘the CPAR 2021’) introduce a new Civil Procedure Rule 36.5(5) to clarify the issue of interest after the expiry of Part 36 offers. Mia Plume examines its impact.

You can’t claim that! Court finds exclusion clauses work just like any other clause

May 06, 2021
The recent case of Mott MacDonald Limited v Trant Engineering Limited serves as a timely reminder that exclusion clauses in construction contracts can and do work and will be enforced by the courts to prevent what may otherwise be valid claims write Clare Mendelle and James Goldthorpe.

Notices and statutory nuisances

May 05, 2021
A recent High Court ruling shows the need to avoid an overly technical approach to s.82(6) notices under the Environmental Protection Act 1990, writes Sarah Salmon.

Housing case law update - April 2021

May 05, 2021
Christopher Skinner, Rebecca Asady and Filip Bodnar round up the latest judgments of interest to housing associations and local authorities.

What a relief: relief from sanctions and missed deadlines

May 05, 2021
The High Court has given judgment in a case which indicates that relief from sanctions may be granted where a party has breached a court-imposed deadline and that deadline, even if agreed by consent between the parties, was unrealistic from the start. Alexander Campbell examines the ruling.

Paying for sex and the Court of Protection

Apr 29, 2021
The Vice President of the Court of Protection has issued a detailed judgment on, amongst other things, whether a care plan to facilitate contact with a sex worker could be implemented without the commission of an offence. Alex Ruck Keene examines the ruling.

Croyde Part 2 – Judicial Review and Certificates of Lawfulness

Apr 29, 2021
In the second article on the Croyde case, Roy Pinnock looks at the approach taken to certificates of lawfulness.

TUPE: Splitting employees’ contracts after a service provision change

Apr 29, 2021
In a case which leaves practical difficulties, the Employment Appeal Tribunal has confirmed that employees’ contracts can be split between multiple transferees on a service provision change, write Zoë Wigan, Hilary Larter and Ceri Fuller.

EU State aid law and the UK: The European Commission adopts new Regional Aid Guidelines

Apr 29, 2021
The European Commission has adopted new Regional Aid Guidelines providing preferential EU State aid law cover for awards of public funding that incentivise investment into economically underperforming areas. The new guidelines extend and update the Assisted Areas map and allow increased levels of intervention, write Jonathan Branton and Alexander Rose.

Public law judgments: When to seek clarification and when to ask for permission to appeal

Apr 29, 2021
The Court of Appeal recently allowed an appeal by a father against findings that he had sexually abused his daughter, on the basis that the judge’s analysis was insufficient and flawed. Joanne Oakes examines the ruling.

The High Court on empty rates mitigation and Makro type schemes

Apr 29, 2021
In a win for ratepayers, the High Court has clarified the law on empty rates mitigation. Jenny Wigley QC analyses the ruling.

Sparks Flying: Increasing Network Connectivity For Tenants

Apr 29, 2021
Lillee Reid-Hunt, James Nelson and Natasha Barlow look at the potential impact of The Telecommunications Infrastructure (Leasehold Property) Act 2021 on reducing delays in the installation of telecommunications equipment to leasehold properties.

Council meetings beyond 7 May 2021

Apr 29, 2021
What does the Divisional Court's ruling mean for local government? David Kitson, Victoria Barman and Mark Robinson look at what happens next.

Can remote licensing hearings continue?

Apr 29, 2021
Philip Kolvin QC asks whether the High Court's decision that remote local authority meetings cannot continue without new legislation applies to licensing commitee hearings.

Subcontract held to govern works commenced before execution

Apr 22, 2021
Clare Mendelle and James Goldthorpe examine a case which considered which terms governed liability for works carried out prior to the execution of a contract.

No overlap between substance and jurisdictional issues

Apr 22, 2021
Clare Mendelle and James Goldthorpe examine the implications of Ex Novo Limited v MPS Housing Limited [2020] EWHC 3804 (TCC)]

Climate change - extreme weather and shifting liability risks

Apr 22, 2021
James Fawcett considers what further developments we might see in response to shifting environmental challenges.

Elections in the time of Covid-19

Apr 22, 2021
Rupert Beloff sets out some important considerations for Returning Officers and other election administrators as they look ahead to May's elections.

Tower blocks, re-cladding and service charges

Apr 22, 2021
Timothy Straker QC, Jonathan Manning and Christopher Baker analyse a Court of Appeal case on service charge liability for re-cladding a tower block.

Time becomes a loop

Apr 22, 2021
In a two-part series, Roy Pinnock looks at the lessons to be learned after a High Court judge recently quashed a planning permission granted in 2014.

What next for procurement challenges?

Apr 22, 2021
Andrew Millross considers the proposals in the procurement Green Papers for ‘fast and fair challenges’.

Lies, welfare and the future risk of harm

Apr 22, 2021
Jackson LJ has reiterated the basic principles to be applied when determining whether to make care and placement orders and discussed the significance of lies in the context of welfare and the impact of lies when assessing the future risk of harm. Kate Pye-Jones examines the case.

How to tackle urbexing

Apr 22, 2021
Lyn Crawford looks at what property owners, developers and contractors can do about "urbexing".

Lessons from Bechtel v HS2

Apr 22, 2021
A recent Technology and Construction Court ruling relating to HS2 procurement addressed a wide range of important issues, write Emily Heard and Victoria Croshaw.

Fighting fire with fines

Apr 22, 2021
Even before the tragedy of what happened at Grenfell Tower on 14 June 2017 there could be no doubt that no limit can be put on the personal costs of a fire. The Government has now stated that the same can be said for the financial costs, writes Natalie Puce.

Home is where the heart is

Apr 22, 2021
Bernadette Hillman and Christos Paphiti outline the new permitted development right and what it means for the property sector and planners

Education tracker

Apr 15, 2021
This Local Government practice note from LexisNexis provides comprehensive and up to date legal information covering key upcoming developments of interest to Education lawyers from early years foundation stage (EFYS) to further and higher education.

Liability for abuse suffered by claimant placed in private care home

Apr 15, 2021
Steven Ford QC analyses a ruling where, in the absence of fault, a local authority was not liable for sexual assaults committed by an employee of the private residential care home at which it placed the claimant. The relationship between the abusive employee and the placing authority was not akin to employment and the duty of care owed by the authority to the claimant was not non-delegable.

Long-term leave under s.17 Mental Health Act

Apr 15, 2021
Arianna Kelly analyses a recent judgment in which the Upper Tribunal considered whether a s.3 Mental Health Act detention can persist during long-term s.17 Mental Health Act leave without any active connection between the patient and hospital.

Prosecuting unlicensed dog and cat breeders

Apr 15, 2021
Gary Grant looks at a recent case where £50,000 in financial penalties were imposed on unlicensed dog and cat breeders.

After school clubs and duty of care

Apr 15, 2021
Nicholas Thorne analyses a judge's rejection of a claim for injury arising out of the warm-up session at an after school club.

When the wind(fall) blows

Apr 15, 2021
Roy Pinnock examines the sweeping Commercial to Residential permitted development right that was trailed in Autumn 2020 and which will come into effect from 1 August 2021.

The procurement Green Paper: no marks for DPS+ or framework proposals

Apr 15, 2021
The proposals concerning dynamic purchasing systems (DPS) and framework agreements are the most disappointing aspect of the procurement Green Paper, writes Andrew Millross.

Remote meetings and the importance of ‘local choice’

Apr 14, 2021
The imminent High Court hearing over the ability of councils in England to continue to hold remote meetings after 6 May is about ensuring local choice, the leaders of the two organisations behind the legal proceedings tell Local Government Lawyer.

What does the COVID pandemic mean for the standard of care?

Apr 13, 2021
What is the impact of the COVID-19 pandemic on the interpretation of the appropriate standard of care? Chris Bright QC, John Coughlan QC, Gemma Roberts, and Neil Shastri-Hurst explore the key implications.

Deja Value all over again [i] – The Best Value Report on Liverpool City Council

Apr 08, 2021
Dr Paul Feild looks at some of the lessons to be learned - including in relation to the legal team - from the best value report into at Liverpool City Council.

Vulnerable persons - participation and evidence in family proceedings

Apr 08, 2021
The following Family practice note from LexisNexis provides comprehensive and up to date legal information covering the participation of vulnerable people and evidence in family proceedings.

Can a worker get paid for sleeping?

Apr 08, 2021
Some jobs such as care workers, security guards and nightwatchmen require the individual to work night shifts where they may, with the approval of their employer, sleep during some or all of the shift, but nevertheless remain on standby during that time. The Supreme Court was asked to decide how many hours such a worker should be paid for the purpose of the National Minimum Wage (NMW) which will be raised to £8.91 from April 2021 for over 23s.

Towards better Subsidy Control

Apr 08, 2021
Jonathan Branton and Alexander Rose set out how the United Kingdom can create a better Subsidy Control system.

Approaches by bidders to payment

Apr 08, 2021
Jenny Beresford-Jones examines a procurement policy note, effective from the beginning of April, on taking account of a bidder’s approach to payment in the procurement of major contracts.

The EU Settlement Scheme: children, care leavers and local authority duties

Apr 08, 2021
Local authorities are coming under increasing pressure to ensure that children and care-leavers with EU law rights to reside in the UK make an application to the EU Settlement Scheme (“EUSS”) before the deadline of 30 June 2021, writes Gráinne Mellon.

Dealing with Hoarding during the Coronavirus crisis

Apr 07, 2021
There has been some focus on the effects of anti-social behaviour upon neighbours but what about cases such as hoarding where the main person affected is the hoarder themselves and the property? Anna Bennett looks at the options.

Too much, too soon

Apr 06, 2021
A High Court judge recently allowed an appeal against a decision of a Circuit Judge to dismiss a claim that an asylum seeker who had been accommodated by a local authority under the “Everyone In” scheme did not have an arguable case that he had been granted a secure tenancy. Justin Bates explains why.

Alternative dispute resolution and the Housing Ombudsman

Apr 05, 2021
The Housing Ombudsman has announced plans to publish individual determinations and reports based on complaints that it has reviewed. Matthew Lake examines the proposals.

Better late than never: round two

Apr 05, 2021
The Court of Appeal has confirmed that where a local authority makes a homelessness review decision late, that decision is valid notwithstanding its lateness, writes Alexander Campbell.

Can you decline to sponsor skilled workers under the new immigration rules?

Apr 01, 2021
Is there an obligation to consider resident workforce prior to employing migrants? Julie Bann and Aleksandra Wolek report.
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