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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.