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Data-sharing safeguards: no ‘micro-managing’

Robin Hopkins looks at the lessons to be learned from an important Court of Appeal ruling on data-sharing, in a case involving the arrangements between a police force and a local crime reduction partnership. Read more
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  NEWS

Feb 05, 2021

Supreme Court to hand down key ruling next week on village greens and activities of landowner

The Supreme Court will next week (12 February) hand down an important ruling on town and village green registration.
Feb 05, 2021

Responsibility for pupil attacks on teachers and assistants

A council’s successful appeal in a case where a teaching assistant was attacked by a pupil is a reminder that a failure in a written risk assessment is not fatal - causation is key, writes Leah Jones.
Feb 04, 2021

Court of Appeal hands down ruling on policy for development in Areas of Outstanding Natural Beauty and presumption in favour of sustainable development

The National Planning Policy Framework (NPPF) allows a council to reject a planning application because of an adverse impact on an area of outstanding natural beauty (AONB), the Court of Appeal has ruled.
Feb 04, 2021

Council agrees to quashing of planning permission for 110,000-bird poultry farm: report

A local campaign group claims to have forced Powys County Council to reverse planning permission for a huge poultry farm after winning permission for a judicial review.
Feb 03, 2021

BBC fined £28,000 for recording part of hearing of legal challenge to grant by county council of planning permission for fracking

The BBC has been fined £28,000 after it made a video and audio recording of a half day’s hearing in the Planning Court.
Feb 02, 2021

Park authority obtains injunction after 12 oak trees felled in protected conservation area

The New Forest National Park Authority last month obtained a High Court injunction to prevent further damage to an area of protected woodland in the National Park.
Feb 02, 2021

Council secures possession order evicting environmental protesters at development site

A High Court judge has granted the London Borough of Islington a possession order for a development site where protesters are occupying a copse scheduled for destruction.
Feb 01, 2021

Council and guardian fail in appeal over refusal by judge of application for placement orders

The Court of Appeal has rejected appeals by a local authority and a children's guardian against a Family Court judge’s decision to refuse an application for placement orders in respect of two children.
Feb 01, 2021

Campaign group fails in legal challenge after council dismissed petition calling for referendum on governance model

A High Court judge has dismissed a judicial review challenge to the London Borough of Newham’s decision to declare invalid a petition seeking a referendum to change the governance model of the council.
Feb 01, 2021

Cornerstone Barristers expels public law specialist in row over tweeting

Cornerstone Barristers has expelled Jon Holbrook in a row over a tweet on 17 January from his personal account in which he claimed that “the Equality Act undermines school discipline by empowering the stroppy teenager of colour", although the public law specialist says he had already resigned.

  FEATURES AND ANALYSIS

February 05, 2021

Community Treatment Orders: does seeing patients remotely suffice?

Jonathan Auburn and Lucy McCann assess whether decision-making as to community treatment orders requires physical attendance.
February 05, 2021

Limitation in post-Covid procurement claims: What authorities and operators need to know

Following a recent High Court case which focused on limitation and communication issues in the post-Covid homeworking context, Gwendoline Davies and Lynsey Oakdene emphasise the importance of acting clearly and quickly when it comes to any potential procurement challenge.
February 05, 2021

Challenging the Streetspace Plan

The High Court recently quashed the Mayor of London's Streetspace Plan and TfL’s Bishopsgate Traffic Management Order. David Matthias QC and Charles Streeten explain why the black cab drivers succeeded.
February 05, 2021

Rooftop rows: What does an imposed Code agreement mean for site providers and operators?

Lillee Reid-Hunt and Christos Paphiti consider a recent Upper Tribunal decision that provides useful guidance on what site providers and telecoms operators can expect from the terms of an imposed Code agreement, especially in relation to upgrading and sharing of equipment and ballpark consideration and compensation figures.
February 02, 2021

Incapacious respondents to closure order proceedings: Ealing LBC v M

Siân McGibbon and Joshua Hitchens analyse the subject of incapacious respondents to closure order proceedings following a recent ruling.
February 02, 2021

Terminating flexible tenancies

Anneli Robins analyses the Court of Appeal's ruling in a case where the principal issue was whether a landlord can terminate a fixed term secure flexible tenancy agreement prior to the expiry of the fixed term if no express provision is made in the tenancy agreement for re-entry or forfeiture.
February 02, 2021

Housing case law update - January 2021

Michael Owen, Natalie Hurst and Claire Hogan-Clark round up the latest judgments affecting housing associations and local authorities.
January 29, 2021

Public open spaces and development

The conflict between the need for open spaces for recreation and the availability of land for residential development has resulted in another interesting Court of Appeal decision, writes Christopher Cant.

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  MORE NEWS

Jan 28, 2021

Council defeats Court of Appeal challenge over interpretation of paragraph 90 of National Planning Policy Framework on town centre vitality

Leeds City Council did not err when it gave planning permission for a large mixed-use retail-led development next to an Asda store, the Court of Appeal has found.
Jan 28, 2021

Upper Tribunal allows appeal over age assessment that failed to meet procedural safeguards

An Upper Tribunal judge has granted an asylum seeker a declaration that he was 15 at the age he entered into the country and when he was assessed by Wirral Metropolitan Borough Council, rather than over 18 and more likely 20 as the local authority concluded.
Jan 27, 2021

Senior judge authorises giving Covid-19 vaccine to 80-year-old woman in care home despite objections of son

It was lawful and in the best interests of an 80-year-old care home resident with dementia and schizophrenia to be vaccinated against Covid-19 despite the objections of her son, the Vice-President of the Court of Protection has ruled.
Jan 26, 2021

Judge rules out notifying consular authorities of adoption proceedings in "unusual case"

A High Court judge has ruled out joining a relinquished child and seeking the assistance of the Romanian consular authorities to track the father down.
Jan 26, 2021

High Court finds for local authority in dispute over backdating of council tax discounts in cases of severe mental health impairment

A High Court judge has upheld a district council’s decision not to backdate a council tax discount due to severe mental health impairment (SMI) to the date where symptoms were first diagnosed.
Jan 22, 2021

London borough fined £330,000 after death of five-year-old girl in playground

The London Borough of Tower Hamlets has been fined £330,000 after a five-year-old girl died when playground equipment collapsed on top of her at Mile End Park.
Jan 22, 2021

Family Division judge hits out at "breathtaking incompetence" of council, failures on disclosure to court

A judge has accused a borough council of “breathtaking incompetence”, and severely criticised a social worker, in a case where a boy was left in a “thoroughly corrosive” foster placement for nine months longer than he should have been.
Jan 21, 2021

North West council to apply to vacate High Court hearing in police HQ dispute to allow for further negotiations

Salford City Council will seek to delay a High Court case for six months to try to allow for settlement of a lengthy dispute with a developer.
Jan 21, 2021

Judge rules against woman who re-entered property after locks were changed

A woman who managed, after the locks were changed, to re-enter temporary accommodation being provided by a property firm for a council was a trespasser and had no right to stay, Chelmsford County Court has ruled.
Jan 20, 2021

Boating company wins permission for judicial review over decision not to offer interim concession contract

A High Court judge has granted a company permission to bring judicial review proceedings in relation to a decision by The Royal Parks Limited (TRP) not to grant it an extension to a concession contract for the operation of boating facilities in Hyde Park, on the Serpentine and in Greenwich Park.
Jan 20, 2021

Taxi drivers win High Court challenge over Streetspace plan

London’s taxi trade has hailed High Court rulings in which it won on four out of five grounds under which it challenged Mayor Sadiq Khan’s Streetspace plan.
Jan 20, 2021

Council not entitled to refuse to assess needs of Vietnamese woman on basis of preliminary age assessment by different authority, judge finds

A London borough was not entitled to refuse to assess the needs of young Vietnamese woman on the basis of a preliminary assessment of age carried out by another council, a Deputy High Court judge has ruled.
Jan 20, 2021

Former councillor at London borough jailed for electoral offences

A former councillor at the London Borough of Redbridge has been jailed for electoral offences and banned from holding elected office for five years.
Jan 19, 2021

Official Solicitor wins appeal over ability of mother and step-father of autistic man to leave homes to provide care during first lockdown

The Official Solicitor has won an appeal on behalf of a 30-year-old with autism and communication difficulties over whether his mother and step-father had a reasonable excuse during the first national lockdown to leave their homes to provide him with care.
Jan 19, 2021

Court and tribunal buildings are safe, insists acting chief executive of HMCTS

Buildings operated by HM Courts and Tribunals Service are safe for those that need to use them, the organisation's acting chief executive has insisted.
Jan 18, 2021

Senior judges issue guidance on wearing masks and face coverings in courts

The Senior Presiding Judge, Lady Justice Thirlwall, and the Deputy Senior Presiding Judge, Lord Justice Haddon-Cave, have issued new guidance on the wearing of masks and face coverings in courts.
Jan 18, 2021

Judge dismisses application for interim relief for homeless asylum seeker after breach of duty of candour

A Deputy High Court judge has dismissed an application for interim relief in the form of suitable accommodation submitted on behalf of a street homeless former asylum seeker, both on the merits and because of the claimant’s breach of the duty of candour.
Jan 15, 2021

Law Society calls for two-week pause of non-custodial Crown and Magistrates court work

The Law Society has called for urgent action including a possible two-week pause of non-custodial Crown and magistrates’ court work “amid escalating safety concerns”.
Jan 15, 2021

The halt on evictions (again)

Amy Kelly analyses the latest prohibition on enforcement of some possession orders in England and Wales.
Jan 13, 2021

Court of Appeal dismisses appeal by company director over £99k penalties for breaches of HMO regulations, non-compliance with enforcement notices

The Court of Appeal has rejected a company director's appeal over penalties amounting to £99,000 imposed by the Upper Tribunal for breaches of regulations covering houses in multiple occupation (HMOs), and non-compliance with enforcement notices.
Jan 13, 2021

Plexus Law names Steel as Head of Public Sector Services

Defendant law firm Plexus Law has appointed partner Andrew Steel as Head of Public Sector Services with effect from 18 January 2021.
Jan 13, 2021

Court of Appeal rules on whether VAT is payable on top of caps on costs in Aarhus Convention claims

The caps set out in the Civil Procedure Rules on the costs payable by losing parties in Aarhus Convention claims are inclusive of VAT, the Court of Appeal has ruled as part of the third Heathrow runway litigation.
Jan 12, 2021

Criminal solicitors body warns members it is not safe to attend Magistrates’ courts

The London Criminal Courts Solicitors' Association (LCCSA) has advised its members that it is not safe to continue to attend Magistrates’ courts.
Jan 12, 2021

Government facing legal challenge over speed of provision of devices to disadvantaged children for education at home

The Good Law Project has launched judicial review proceedings over what it says is the Government’s failure to ensure, “in a timely fashion”, adequate devices are provided to disadvantaged children who require them to be educated at home.
Jan 12, 2021

Judge finds claim over procurement of cloud-based management information system for 57 schools commenced in time

A High Court judge has rejected a contention by an academy trust that a claim brought over the procurement exercise for a three-year contract to supply a cloud-based management information system was commenced out of time.

  MORE FEATURES

January 29, 2021

Interim care orders, parental alienation and procedural fairness

Francesca Massarella looks at a recent appeal against an interim care order in a case of potential alienation.
January 29, 2021

Family care and the lockdown regulations

Alex Ruck Keene analyses an important (but nuanced) Court of Protection decision in a case where a deputy suspended parents' contact with a 30 year old man with autism during the first nationwide lockdown.
January 29, 2021

When is a policy not a policy: Supreme Court on Heathrow expansion

In February 2020, the Court of Appeal decided that the Government policy on airport expansion at Heathrow was unlawful on climate change grounds. The Supreme Court has now reversed this decision. David Hart QC considers this development.
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January 26, 2021

Supreme Court to consider whether claimants unsuccessful at permission stage of statutory and judicial review cases are liable for costs of multiple parties

The Supreme Court will this week hear a dispute over whether a claimant in statutory and judicial review cases who is unsuccessful at the permission stage should be liable for the costs of multiple other parties, including respondents and interested parties.
January 22, 2021

EIAs, end products of development and greenhouse gases

Do Environmental Impact Assessments apply to products derived from a development? David Hart QC looks at a recent case concerning the grant of planning permission for drilling for oil.
January 20, 2021

The Office: District Judge rules on Covid-19 Summary Review

An experienced district judge has issued the first fully reasoned judgment on a Covid-19 summary review. Gary Grant analyses the ruling.
January 15, 2021

Occupiers and a failure to warn

Emma Woods examines a High Court ruling on whether a council was under a duty to warn that a cricket match was taking place.
January 15, 2021

Changing safeguards for children in care: the Article 39 case

David Gregory looks at a powerful recent Court of Appeal judgment on the consultation undertaken by the Government on changes to the delivery of children's services during the pandemic.
January 15, 2021

Age assessments 2020: a year in review

Donnchadh Greene provides an overview of some of the key legal cases in 2020 concerning age assessments and support for those whose age is disputed.
January 14, 2021

Commencing criminal proceedings - applying for the issue of a summons

The following Corporate Crime practice note from LexisNexis provides comprehensive and up to date legal information covering the correct procedure for bring a criminal prosecution.
January 08, 2021

When you lose an Article 4 direction

The Administrative Court recently upheld a conviction for failure to comply with an enforcement notice despite the council losing an Article 4 direction. Roderick Morton looks at the lessons to be learned.
December 23, 2020

Procurement claims: practical insights on summary judgment and the automatic statutory suspension

Lynsey Oakdene sets out the lessons to be learned for contracting authorities and bidders from a recent procurement case concerning the award of a contract to provide an automatic number plate recognition system.
December 22, 2020

Consulting on new policies

The Court of Appeal has confirmed the correct tests to apply to determine whether: (1) a public body has consulted fairly; and (2) is under a legitimate expectation to consult. Matthew Alderton analyses the ruling.
December 18, 2020

Guidance documents for abbreviated age assessments

The High Court recently found a city council’s guidance for abbreviated age assessments to be unlawful. Philip Rule explains why.
December 18, 2020

The courts and the lack of secure accommodation for children

How does the Court approach the increasingly difficult decisions it faces in relation to the national shortage of secure accommodation for children? Ellen Lloyd analyses an important ruling.
December 18, 2020

Inspecting the “soft estate"

A recent case examined liability for the collapse of roadside trees. Adrian Neale and Roger Carver look at the outcome.
December 11, 2020

Coronavirus restrictions and interim steps appeals

Birmingham Magistrates’ Court has this week (10 December 2020) dismissed appeals against interim steps taken by Birmingham City Council on summary reviews of two premises licences that arose out of trading in breach of restrictions imposed on the hospitality sector as part of the response to the Coronavirus pandemic. Charles Holland explains why.
December 11, 2020

Settled accommodation and the chain of intentional homelessness

The Court of Appeal has handed down an important ruling on ‘settled accommodation’ and the chain of intentional homelessness. Ian Peacock and Anneli Robins report on a case providing helpful guidance to local authorities.
December 04, 2020

Listing ACVs and compensation

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

Refusing an offer of accommodation

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.