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Implementing a compulsory purchase order

Jul 22, 2021
Simon Bell considers the lessons for local authorities and claimants from a recent High Court challenge to a council's decision to execute a general vesting declaration.

Maximising support for families in a system under strain

Jul 22, 2021
The children social care sector needs urgent reform to support families and avoid crisis, writes Jo Porter.

How to ensure better protection for tenants around the country

Jul 22, 2021
Shona Ali looks at worrying recent trends in relation to illegal evictions and sets out what local authorities can do to combat the problem.

Accusations in judgments of misconduct

Jul 22, 2021
A social worker has recently been awarded damages by the European Court of Human Rights for unfair accusations of professional misconduct. Charlotte Gilmartin analyses the ruling.

Why insisting on flexible hours could discriminate against women

Jul 22, 2021
Two recent cases from the Employment Appeal Tribunal illustrate some potential pitfalls when women with childcare responsibilities are asked to move away from fixed working hours, writes Charles Pigott.

Prior approval and definitional requirements

Jul 22, 2021
The High Court has issued an important judgment on prior approval decision-making, writes Andrew Byass.

Transparency in regulated procurements

Jul 22, 2021
A county council has recently defended a waste company’s application for summary judgment in a procurement dispute. Joseph Barrett explains how.

GDPR fines

Jul 22, 2021
The Information Commissioner's Office recently issued its first GDPR fine to a charity. Ibrahim Hasan examines the watchdog's track record of enforcement.

Food advertising

Jul 22, 2021
This LexisNexis Practice Note, produced in partnership with Katrina Anderson of Osborne Clarke, considers the law and practice applicable to food advertising to consumers.

Mediation and planning: here to stay?

Jul 21, 2021
John Pugh-Smith, Harry Spurr and Josef Cannon review important recent developments in the use of mediation in planning.

Housing Ombudsman Podcast: Relaxing the rules and returning to the New Normal

Jul 20, 2021
In the first episode of the Housing Ombudsman's new podcast, Richard Blakeway, Verity Richards and David Simmons discuss the complaints they have seen that have been affected by the Covid-19 pandemic.

The LLG Grapevine 19th July

Jul 19, 2021
Deborah Evans, Dennis Hall and Helen McGrath discuss the Lord Chief Justice's comments on Serious Court Failings, the Environment Bill and climate change, the future of the planning system, the Public Accounts Committee Test and Trace 2 Inquiry, council's financial black holes, the Supreme Courts position not to interfere with political choices, the Health & Social Care Bill and the CSPL Annual Report.

Mandatory Vaccination for Care Home Workers in England

Jul 15, 2021
The Government has announced that people working in care homes in England must be fully vaccinated against Covid-19 from October 2021, unless they have a medical exemption, write Rachel Murray-Smith and Francesca Gallagher.

Alighting on serious risks

Jul 15, 2021
Wayne Beglan and Sam Fowles examine the Planning Court's recent judgment in an important judicial review concerning the correct approach of planning decision-makers in the context of sites presenting serious health and safety risks.

Self-builders, CIL exemptions and retrospective planning permission

Jul 15, 2021
Trevor Ward analyses a recent High Court ruling that the CIL payment exemption is not available for self-build houses granted retrospective planning permission.

The housing possessions backlog and Nightingale Courts: a simple solution?

Jul 15, 2021
Natalie Foster explores the potential role of ‘Nightingale Courts’ and extended operating hours in unclogging the housing possessions backlog – and ensuring that the wheels of justice keep turning.

What next for Special Severance Payments?

Jul 15, 2021
Recent Government guidance on Special Severance Payments goes further than before, writes Kerren Daly.

Reporting restrictions in end of life cases

Jul 15, 2021
Rosalind English analyses an important High Court ruling on anonymity for treating clinicians in 'end of life' cases.

Public law children case update: May 2021

Jul 15, 2021
Kerry Cockayne analyses important recent rulings for childcare lawyers on special guardianship orders, discharge of care orders, and joinder of foster carers.

Publication to Contracts Finder

Jul 15, 2021
Jenny Beresford-Jones examines the recent procurement policy note (PPN 07/21) on publication of information to Contracts Finder.

When procurement law and contracts for interests in land meet

Jul 12, 2021
Colin Ricciardiello provides a case law update examining cases that have examined the overlap between a requirement to procure and a contract for the disposal of an interest in land.

UK granted data protection adequacy decision

Jul 11, 2021
Charlotte Smith summarises the new data protection adequacy decision.

Good faith in commercial agreements

Jul 08, 2021
The following Commercial practice note from LexisNexis examines the concept of good faith and the extent to which it is applied in commercial agreements.

Defects on the highway

Jul 08, 2021
A highways authority recently successfully defended a claim brought by an injured motorcyclist. Ian Clarke considers the ruling.

Introduction of the Building Safety Bill

Jul 08, 2021
Lorna Kenyon offers some initial thoughts on the scope of the Building Safety Bill.

Confiscation and enforcement notices: the roll-back from Panayi

Jul 08, 2021
Richard Furlong considers the Court of Appeal decision in Barnet v Kamyab, and the prospect of Edis LJ conducting a fact-finding confiscation hearing. An interesting issue arises as to the first-instance defendant’s right of appeal from that exercise.

First Impressions on the New Subsidy Control Bill

Jul 08, 2021
Last week the Government published its new Subsidy Control Bill. The Bill represents a significant shift in the way in which subsidies are assessed and also provides some clarity about the regime that will replace the EU State aid regime, writes Peter Collins.

The New Model for Shared Ownership Lease: a decade of repair costs for landlords

Jul 08, 2021
Mark Foxcroft looks at the impact on registered providers of the 10-year repair-free period under the Shared Ownership model.

The Domestic Abuse Act 2021: What does it mean for social housing providers?

Jul 07, 2021
The Domestic Abuse Act (“DAA”) received royal assent on 29 April 2021 following a much-delayed journey through Parliament. The Act will have important ramifications for social housing providers – including changes for homelessness under Part VII of the Housing Act 1996 which came into effect on 5 July 2021. Tara O’Leary provides a summary of what to expect.

Electronic execution: how to save time and money sealing your property documents

Jul 07, 2021
A new era of paperless property deals is upon us following the Land Registry’s landmark decision in July 2020 to accept e-signed documents for registration, writes Sandy Munroe.

Housing case law update - June 2021

Jul 07, 2021
Daniel Skinner, Sarah Christy and Laura Waby round up the latest judgments of interest to housing associations and local authorities.

Good news for landlords! No requirement to provide EPC for pre-2015 tenancies

Jul 07, 2021
Michael Grant discusses a recent decision by the Court of Appeal on whether a section 21 notice served by landlords on a tenant was invalid because no energy performance certificate ("EPC") had been served on the tenant prior to the service of the notice.

Bridging the Gap: planning pointers for property practitioners

Jul 05, 2021
Myriam Stacey QC, Jenny Wigley QC, Katrina Yates and Heather Sargent focus on key points that property practitioners need to know about section 106 obligations and planning enforcement.

Managing new enforcement powers for councils under the Traffic management Act 2004

Jul 02, 2021
Rob Hann considers the recent legislative changes to traffic management in England, including the introduction of Clean Air Zones and widening local authorities enforcement powers for moving traffic offences.

No more reward without risk

Jul 01, 2021
Nigel Bolton and Philip Woolham look at the lessons to be learned from an important High Court judgment for local authorities and contractors on pension exit credits.

Early contractor involvement

Jul 01, 2021
Early contractor involvement is growing in popularity with local authorities, but which is the best route, Joint Contracts Tribunal (JCT) or New Engineering Contract (NEC)? Martin Cannon considers the approach to take.

Capacity to make decisions on care and alcohol dependency

Jul 01, 2021
Laura Wares analyses a recent case in which the assessment of capacity of an individual with a history of alcohol misuse was considered by the court.

Tree safety management

Jul 01, 2021
Nicholas Thorne examines a recent case that considered the landowner's duty of care when it comes to tree safety management.

Can mediation solve the housing possessions backlog?

Jul 01, 2021
The freeze on possession hearings is finally starting to thaw – but how will the courts cope with the huge backlog of cases? Will mediation, online hearings, or a dedicated housing tribunal make a difference? In the first of a series of articles from 42BR Housing, looking at the potential solutions, Catherine Urquhart analyses the mediation pilot scheme.

E-scooters in the UK public transport mix

Jul 01, 2021
Kathryn Hinchey highlights the challenges faced by local authorities rolling out e-scooter trials due to gaps that remain in the Government legislation and guidance. Here, she discusses the steps needed to ensure that future e-scooter use on UK roads is viable, and that ongoing trials bear fruit.

Gender-critical views are a protected "philosophical belief" under the Equality Act 2010

Jul 01, 2021
Jane Fielding and Connie Cliff consider what a recent high-profile ruling on gender-critical views means in practice.

Local Authority Insight Series - Climate Change

Jun 28, 2021
What are the legal powers that local authorities can use to fight climate change and what legal obstacles do they face? Rachel McKoy, Stephen Cirell, Richard Honey QC and James Lupton consider the problems.

Subsidy Control FAQs

Jun 25, 2021
Alexander Rose and Jonathan Branton discuss the latest updates made to the Subsidy Control guidance published by Department for Business, Energy and Industrial Strategy (DBEIS).

Renewal of taxi drivers’ licences

Jun 24, 2021
Gerald Gouriet QC looks at the issues that arise with the late renewal of taxi drivers’ licences.

Business rates – is the tide turning?

Jun 24, 2021
Business rates are an important source of funding but assessment and enforcement of liability require local authorities to address a complex range of issues. Paul Hilsdon and Clare Hardy examine two recent cases have shown that courts are prepared to look closely at the arrangements under which premises are occupied.

The Funeral Market Investigation Order 2021

Jun 24, 2021
The Competition and Markets Authority has this month published its Funeral Market Investigation Order 2021. V. Charles Ward looks at how bereavement-service managers can comply with new regulatory requirements.

Court of Protection case update

Jun 24, 2021
Aaqib Javed and Holly Littlewood review the latest cases of interest to Court of Protection practitioners.

General Power of Competence: what does this mean for Wales?

Jun 24, 2021
Neil Kates looks at the prospective introduction of the general power of competence for Welsh local authorities and community councils.

New guidance on special severance payments

Jun 24, 2021
The Treasury has issued new guidance which relates to 'Special Severance Payments' (SSPs) made by public sector employers to their employees, setting out the criteria that should be considered and steps to take to obtain Treasury approval. Mark Stevens reports.

QOCS in Scotland

Jun 24, 2021
What do public sector legal teams in Scotland need to know about the introduction of Qualified One-Way Costs Shifting (QOCS)? Jenny Dickson explains.
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