The Court of Appeal has recently considered for the first time whether alleged detriments against whistleblowers have to be suffered in their capacity as employees (or workers) rather than in any other personal capacity, and concluded that they do. Sarah Hooton reports.
In Part 1 of a two-part series, Ralph Kellas considered the expectations and challenges around build out and some of the reforms proposed to address it. He now considers the implications of slow build out for local authorities and what they, and the planning system more broadly, can do to speed up delivery.
With local authorities seeking to deliver on some of their declared priorities to address the climate emergency, attention is turning to how to fund some of the ideas and initiatives, writes David Hutton.
In December 2019, the Care Quality Commission brought its first prosecution against a local authority. Lorna Kenyon said the case demonstrates the importance of considering whether to admit or contest a prosecution at an early stage.
Justin Gray provides an analysis of the current law on placement of looked after English children in Scotland that will be of interest to child care lawyers and solicitors, including those acting for local authorities.
In the first appellate court decision on the issue, the Court of Appeal has confirmed that the Valuation Tribunal ("VT") has exclusive jurisdiction to determine disputes relating to the calculation of Council Tax and that this jurisdiction excludes a freestanding common law claim in restitution. Shomik Datta analyses the case.
The Employment Appeal Tribunal has recently provided helpful pointers to practitioners on the relevant factors an Employment Tribunal should consider when entertaining an application to strike out, writes Gareth Price.
A recent ruling in the High Court in a test case on water re-selling has led to claims that local authorities and housing associations could face having to refund millions of pounds to tenants. Simon Kiely and Anna Moon analyse the judgment.
Alex Ewing considers an important ruling from the European Court of Human Rights on the so-called 'bedroom tax' that could have potentially significant implications for the way in which discrimination cases are approached in the future.
This practice note from LexisNexis explains the criteria for assured tenancies (AT) and assured shorthold tenancies (AST) and the exceptions to those criteria, the main terms of AT and ASTs, the position regarding succession, and summarises a landlord’s obligations in respect of energy efficiency, gas safety and other health and safety obligations, right to rent and tenancy deposits.
The High Court has recently revisited the principles for determining the validity of overlapping consents. Gary Soloman and Alex Minhinick highlight the key points for landowners, developers and local authorities.
A judge was recently asked to resolve a case where there was disagreement as to the jurisdictional basis upon which the Court of Protection was being invited to impose care on a man against his will as being in his best interests. The Court of Protection team at 39 Essex Chambers analyse the ruling.
The Supreme Court has confirmed that a Tribunal may find that the reason for the dismissal is something other than that given to the employee by the decision-maker – even where that reason is genuinely held by the decision maker. Gareth Price reports.
A recent Divisional Court judgment is of interest to prison lawyers but also to public lawyers as it deals with important points of law in relation to the interpretation of the Prison Rules and the "implied powers" principle, writes Geeta Koska.
This guidance note provides a comprehensive and up to date overview of powers to control anti-social behaviour under the Anti-social Behaviour, Crime and Policing Act 2014, Reform of anti-social behaviour powers (2014), Part 1 Civil Injunctions and Part 2 Criminal Behaviour Order (CBO).
You really can’t buy a planning permission, the Supreme Court has said. Mark Lowe QC and Estelle Dehon report on a significant ruling in a case involving proposed community donations and the grant of planning permission for a wind turbine.
A 'fair hearing' in the family court includes the judge creating the appropriate atmosphere. Maria Scotland analyses a recent case where a judge was criticised for holding a hearing that was procedurally unfair.