May 16, 2024
How might new legislation on tacking air and noise pollution affect local authorities in Wales? Bill Cordingley explains.
May 16, 2024
The Court of Appeal has dismissed an appeal challenging the deregistration of a town and village green (“TVG”) and its replacement with adjoining land. Hugh Flanagan, Douglas Edwards KC and Michael Rhimes explain why.
May 16, 2024
The transition of functions, obligations and liabilities of Local Enterprise Partnerships has not been smooth and there are a number of issues which remain outstanding. Tiffany Cloynes, Rebecca Gilbert and Chantal Davison consider the present position and how some of those issues may be resolved.
May 16, 2024
Melanie Blake and David Owens examine methods of delay analysis in construction projects.
May 15, 2024
Local authorities cannot avoid the mandatory biodiversity net gain (“BNG”) regime which applies to the majority of new developments. Whilst there has been much focus on the additional burden this will create for local planning authorities, there are multiple opportunities too. Chrisa Tsompani and Stephanie Hall look at the ways in which authorities can work with the new requirements to deliver BNG on land in their ownership.
May 15, 2024
Ahead of the changeover to the Procurement Act 2023, on 22 April the Government Commercial Function published guidance on transitional and saving arrangements. Shyann Sheehy and Sally Stock look at the key points for contracting authorities.
May 15, 2024
‘Hope value’ of planning permission could now be ignored in some Compulsory Purchase Orders. Alex Dillistone and Libby Neilson look at what this will mean in practice.
May 15, 2024
Roderick Morton analyses a Court of Appeal ruling on whether a planning nspector who determined an appeal against an enforcement notice, misapplied the principle in Murfitt.
May 15, 2024
The Supreme Court this month handed down a landmark judgment in a Japanese knotweed case involving a Welsh council. Matthew White assesses the likely impact of the ruling.
May 15, 2024
Daniel Stedman Jones and Christopher Moss analyse a successful judicial review challenge to a major transport scheme in Bradford.
May 10, 2024
Justin Gray examines the care planning requirements necessary for placements in Scotland to meet the Care Inspectorate requirements.
May 10, 2024
Roderick Morton examines a recent s288 challenge against the decision of an inspector to refuse permission on appeal for a material change of use of land in the Green Belt for the stationing of caravans for residential occupation.
May 10, 2024
In a high-profile ruling, the High Court has rejected a legal challenge to a school prayer ban. Philip Wood explains why.
May 10, 2024
Alex Ruck Keene KC (Hon) looks at a High Court judge's careful approach to the presumption of capacity in relation to the mother in a case about end of life treatment for one of her twin sons.
May 09, 2024
HM Land Registry is aiming to have no applications older than 12 months by Spring 2024, report Gemma Duncan and Lillee Reid-Hunt.
May 09, 2024
David Leach discusses Transfer of Undertakings Protection of Employment rights.
May 08, 2024
In a blog series Steve Gummer and Tom Knox explore the different types of power purchase agreements (“PPAs”) available for local authorities to consider when procuring (or indeed generating) electricity.
May 08, 2024
The High Court has found a local authority's housing policy to be discriminatory against women and girls escaping violence. Stephanie Harrison KC and Nadia O’Mara.
May 08, 2024
Steve Gummer and Steve Cirell stress the importance of strategy at a local authority level when it comes to solar PV projects.
May 08, 2024
Piers Riley-Smith analyses a Court of Appeal case concerning whether there was a legal power to vary an Abatement Notice issued under s.80 of the Environmental Protection Act 1990.
May 08, 2024
The First Tier Tribunal recently considered the use of Improvement Notices under s.12 of Housing Act 2004 to address concerns regarding the fire safety of residential property containing cladding similar to that present on Grenfell Tower. Archie Maddan analyses its ruling.
May 08, 2024
Stefan Liberadzki discusses the new Intermediate Track and fixed costs.
May 08, 2024
Steve Gummer and Kamran Zaheer provide the first instalment of a series on heat networks and heat network zoning.
May 08, 2024
A recent Upper Tribunal decision involving a city council has significant implications for local housing authorities and landlords alike, writes Mikhail Charles.
May 07, 2024
St John’s Chambers Real Estate team have created a compelling channel for property lawyers which will provide news, insights, and some personality to complex legal cases.
May 06, 2024
Catherine Craven, Ian Larkins and Martha Mpangile round up the latest cases and court decisions of interest to housing associations and local authorities.
May 03, 2024
Imran Khodabocus looks at some of the common misconceptions that surround honour based abuse and discusses why a legal definition is long overdue.
May 03, 2024
James Mallery-Nelson examines the application of the Crichel Down Rules where public bodies decide to dispose of land acquired by compulsion.
May 03, 2024
A recent judgment has significant implications for public procurement and the disclosure of documents in English law, writes Cheye Waithe.
May 03, 2024
The Joint Contracts Tribunal (JCT) published its new Design and Build 2024 and Design and Build Sub-contract 2024 standard forms of contract on 17 April 2024 with much anticipation from across the sector. Rachel Murray-Smith and Helen Arthur set out some of the key changes made.
May 03, 2024
Katie Michelon sets out what you need to know in relation to Ofsted’s revised complaints procedure.
May 03, 2024
A council recently won an appeal over a ruling on whether a 20-year-old man had capacity in certain areas. Lucinda France-Hayhurst analyses the judgment.
May 03, 2024
Jessica Bannon discusses the intricacies of traffic regulation orders.
May 01, 2024
Trish D’Souza, a Legal Director in the Education sector, and Jo Corbett-Simmons, a Legal Director in our Commercial Litigation team, delivered a session for schools, local authorities and academy trusts on Disability discrimination – how to recognise potential claims.
April 26, 2024
Daniel Gatty analyses one case, involving a local authority, but two decisions on occupation under the Landlord and Tenant Act 1954.
April 26, 2024
Julia Michalczyk considers some recent Upper Tribunal decisions on rent increases, a helpful reminder that registered providers must ensure that they follow the correct procedures when increasing the rent.
April 24, 2024
The Court of Appeal’s upholding of a High Court judgment which quashed the decision by the Home Secretary to transfer the powers of the West Midlands Police and Crime Commissioner (PCC) to the Mayor of the West Midlands Combined Authority (WMCA) is a salutary reminder of the need to fully comply with consultation requirements, writes Matt Marsh.
April 24, 2024
The Public Service Obligations in Transport Regulations 2023 (the “PSO Regulations”), which came into force on Christmas Day 2023, set out procurement and subsidy control obligations in the public transport sector for public bodies awarding PSO contracts. Clarice Harper-Smith highlights the key considerations.
April 23, 2024
Thanh Lanh-Connolly looks at how local authority legal teams can harness AI power to improve efficiency in commercial and corporate matters.
April 23, 2024
Emily Heard analyses the Cabinet Office's announcement of an intended “go-live” of Monday 28 October 2024 for the Procurement Act 2023.
April 19, 2024
Christopher Cant and Ben Garbett address an undiscussed issue relating to the Community Infrastructure Levy in light of the Supreme Court ruling in Hillside.
April 19, 2024
Laura Thornton and Fergus Alexander set out some recommendations on how to deliver better results for social value in public procurement.
April 19, 2024
More government guidance on the Procurement Act has been published. Jenny Beresford-Jones sets out the main points.
April 18, 2024
Stephen Crispin and Matthew Brookes-Baker analyse the outcome of a fact-finding hearing in care proceedings concerning allegations that one or other of the parents had deliberately inflicted injury to a non-mobile infant.
April 17, 2024
A number of significant changes to the planning enforcement regime will come into effect from 25 April 2024. Perhaps the most notable of these is a change to the time period in which Local Planning Authorities can take enforcement action against unauthorised development. Rebecca Stewart explores some of these changes.
April 17, 2024
Shiva Krishnan and Hannah Taylor examine a judge's new formulation for interim declarations on capacity in the Court of Protection.
April 16, 2024
Victoria Guest examines recent changes to the legal duties on schools regarding pupil registration and attendance.
April 16, 2024
Rebecca Denvers considers what employers can learn from a case which found that anti-Zionist beliefs are protected under the Equality Act 2010.
April 16, 2024
Luke Exton examines guidance from LocatED on developing the education estate.
April 15, 2024
When children and young persons with Education, Health and Care Plans (EHCPs) move between boroughs, the local authorities involved have different duties depending on whether they are a child or young person, and whether they are currently ‘looked after’. Sarah Davidson and Ellie Mullett seek to unpick the applicable statutory, regulatory, and case law provisions, and highlight issues which can arise as a result of their intersection.
