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  NEWS

October 20, 2021

Senior family judge gives "steer" on when hearings should be in-person, criticises speed of implementation of Public Law Working Group recommendations

The central theme running through the approach that should apply to whether hearings should be held in person, remotely or a hybrid is that the parties and their lawyers should normally be physically present at court on those occasions when an important…
October 18, 2021

LLG extends tenure of current president for further six months

LLG has decided to extend the term of its current president, Quentin Baker, until spring 2022, when it is envisaged that the full range of presidential team activities will be available to his successor.
October 01, 2021

Fewer than one in four care and supervision cases disposed of within 26-week timeframe: MoJ

The percentage of care or supervision cases to be disposed of within 26 weeks has reached its lowest level since 2012, government data has revealed.
September 29, 2021

Cafcass prioritisation protocol extended to Greater Manchester

Cafcass last month extended the use of its prioritisation protocol for managing high workloads to the Greater Manchester area, it has emerged.
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  FEATURES AND ANALYSIS

October 15, 2021

Recovering commercial rent during the pandemic

Clare Hartley and Chloe Postlethwaite analyse the latest favourable ruling for landlords in relation to commercial rent recovery during Covid-19, a judgment that confirms landlords can currently still rely on the court route notwithstanding the UK Government’s plans for arbitration next year.
October 08, 2021

Low traffic neighbourhoods

Philippa Jackson analyses the latest rulings in relation to low traffic neighbourhoods and what they mean for future legal challenges.
October 08, 2021

What now for public sector office buildings?

With the move to working from home, what will become of public sector office buildings? Amy Entwistle looks at the position in Scotland.
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  WEBINARS AND PODCASTS

March 25, 2021

Covid Enforcement Restrictions

As the UK prepares for the relaxation of lockdown, barristers Zachary Bredemear, Richard Cherry and Conor Kennedy offer a reminder of the restrictions on bringing proceedings and enforcement that are still in force.
March 15, 2021

The LLG Grapevine 15th March

Deborah Evans, Dennis Hall and Helen McGrath from LLG discuss devolution, Judicial Review, GDPR, The CfGS's Governance Risk & Resilience Framework, gender equality, flexible working, Rule of Law and Test and Trace.

 

March 09, 2021

Hugh James' NPS Framework Fortnight: Lot 3 - Civil Litigation - Housing Management

Rebecca Rees gives ten tips for handling disrepair claims and Bethan Gladwyn provides an overview of the current rules and practice for possession claims.
January 20, 2021

Delivering leisure facilities in a post-covid world

The pandemic has introduced new hurdles in the provision of local authority led leisure services. Peter Ware, Catherine Rustomji and Alex Kynoch look at the different options available to councils, including establishing a charity.
November 19, 2020

Licensing v.2.0 – a system reboot post-Covid

Philip Kolvin QC considers possible reforms to the licensing system that he says, if made in the wake of the pandemic, might determine the future of our towns and cities over the next 25 years.
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  MORE NEWS

September 28, 2021

Government faces legal challenge from pupil with SEN over “unfair” use of PCR testing in schools

The parents of a 15-year-old pupil with special educational needs and disabilities have instructed lawyers to challenge the lawfulness of government guidance to schools on Covid-19 testing, arguing that it should be urgently revised to enable pupils with…
September 27, 2021

Government must learn lessons from use of criminal law in pandemic including avoiding blurred line between guidance and the law: Justice Committee

Given the speed and scale with which the Government needed to create new regulations in response to the Covid-19 pandemic, in future it needs to have the requisite tools in advance "to respond in a swift and proportionate manner that does not risk…
September 27, 2021

FTB and Poppleston Allen issue report on Covid-19 legislative changes and hospitality sector

Barristers’ chambers Francis Taylor Building and law firm Poppleston Allen have published a 50-page report covering the COVID-19 related legislative changes which affected the hospitality sector, from the start of restrictions to Step 4 of the Roadmap and the…
September 22, 2021

Cycling charity secures permission from Court of Appeal for judicial review challenge over removal of bike lanes, after earlier High Court refusal

The Court of Appeal has given the go-ahead for a judicial review of West Sussex County Council's decision to remove a cycle lane installed during the pandemic.
September 07, 2021

Education Secretary and local authorities threatened with legal challenge over approach to vulnerable children and school attendance

The Good Law Project (GLP) has written to the Secretary of State for Education, Gavin Williamson, threatening legal action if he fails to issue guidance that protects vulnerable children and families as schools reopen.
September 06, 2021

Consultation launched on making permanent outdoor measures introduced to support high streets and hospitality businesses

The Government has launched a consultation on making permanent two time-limited permitted development rights introduced during the pandemic to boost high streets and hospitality businesses.
September 03, 2021

London borough defeats judicial review challenge over introduction of low traffic neighbourhoods

Hackney Council has successfully defended a judicial review claim over the decision of its Cabinet in September 2020 to adopt an emergency transport plan (ETP).
August 26, 2021

Ombudsman raps council over handling of request for council tax relief during pandemic

The Local Government and Social Care Ombudsman (LGSCO) has heavily criticised Cotswold District Council for the way it handled a man’s request for help paying his council tax during the COVID-19 pandemic.
August 25, 2021

Councils warn of major rise in child-related serious incident notifications

The number of serious incident notifications in England rose 19% in 2020/21 to 536, the Local Government Association has warned.
August 18, 2021

Council hit with judicial review challenge after calling on man housed under 'Everyone In' Scheme to leave hotel

Lawyers to a Bangladeshi national with leave to remain in the UK but with no recourse to public funds have secured an interim relief order requiring Tower Hamlets Council to continue to accommodate him pending a decision on permission to proceed with a…
August 17, 2021

Increased instructions from shareholders and external clients during pandemic lead to surge in profits at council-owned LGSS Law

LGSS Law, the council-owned alternative business structure (ABS), saw revenue rise 14% and profits more than double in the financial year ending 31 March 2021.
August 17, 2021

Government withdraws emergency guidance covering Mental Capacity Act and DoLS during pandemic

The Department of Health and Social Care has withdrawn its emergency guidance on the Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic.
August 16, 2021

Hull City Council formally adopts use of electronic seal

Hull City Council has become one of the first councils to formally adopt the use of an electronic seal.
August 12, 2021

City of London defeats challenge to its refusal to revoke experimental traffic order

An experimental traffic order was not invalidated just because the experiment it was designed for had been affected by the pandemic, the High Court has ruled.
July 28, 2021

Ombudsman warns of “widening cracks” in local government complaint handling

The Local Government and Social Care Ombudsman (LGSCO) upheld a greater proportion of investigations in 2020/21 than ever before, its annual review of complaints has revealed.
July 28, 2021

MoJ to reopen Crown Court rooms by September, allow judges to open courts for longer

Around 60 Crown Court rooms will reopen by September and the leases of 32 ‘Nightingale Court’ rooms will be extended to April 2022, the Ministry of Justice has said.
July 20, 2021

Cafcass blames “unsustainable pressures” as it implements prioritisation protocol for private law cases in West Midlands - other areas likely to follow in weeks ahead

Cafcass has implemented a process to prioritise and manage high workloads in areas covering Birmingham, the Black Country, Shropshire, Worcestershire, Staffordshire and Herefordshire family courts due to what it called "unsustainable pressures" on the family…
July 20, 2021

Campaign group calls for public register of algorithms used by councils, files complaint with Information Commissioner

Campaign group Big Brother Watch has hit out at councils’ use of algorithms, claiming that most of those it had uncovered were “secretive, unevidenced, incredibly invasive and likely discriminatory”.
July 19, 2021

MPs demand reforms to ensure sustainability of local government finances

The time is right to consider a more radical review of local government finances, the Housing, Communities and Local Government Committee has said.
July 16, 2021

HMCTS to retain some safety measures in England after 19 July, work with judiciary to increase capacity

Not all of the safety measures employed in HMCTS' buildings will go on 19 July when the England moves to step four of the Government’s roadmap and social distancing is no longer required, its acting chief executive has said.
July 15, 2021

No need to change on ‘Freedom Day’ how family courts and Court of Protection have been operating, says Family President

The President of the Family Division has ruled out issuing firm guidance on how the family courts and the Court of Protection should approach their work after 19 July – dubbed ‘Freedom Day’ – when coronavirus restrictions are lifted by the Government.
July 14, 2021

Law Society suggests some coronavirus restrictions should be retained for safe running of courts in England

Some coronavirus restrictions in England may need to be retained after 19 July to allow courts to run safely and efficiently, the Law Society has warned.
July 14, 2021

Public Accounts Committee demands urgent action to improve system of local government audit in England

Without urgent action from government, the audit system for local authorities in England may soon reach breaking point, an influential committee of MPs has warned.
July 13, 2021

London borough secures possession order against groups camping on Clapham Common

The London Borough of Lambeth has secured an order for possession against occupiers camping on Clapham Common.
July 13, 2021

High Court judge finds claim form for PPE contract award challenge was not validly served

The High Court has thrown out a judicial review challenge over the lawfulness of a decision by the Secretary of State for Health and Social Care during the pandemic to award a £102.6m contract to a company for the supply of personal protective equipment…

  MORE FEATURES

October 04, 2021

Possession – more change in England

From the beginning of this month, there has been yet more change on the possession front. Suzanne Gregson examines the latest position.
September 24, 2021

Vaccinating 12 to 15 year olds

Stephanie McGarry and Alistair Taylor consider the Government’s updated guidance on Covid-19 vaccination of 12 to 15 year olds.
September 17, 2021

Social care funding: rapid response note

Fenella Morris QC, Sian Davies and Arianna Kelly analyse the Government's proposals for social care funding reform and look at the key issues for local authorities.
September 17, 2021

The Court of Protection and “the most complex Covid patient in the world”

Alex Ruck Keene looks at the latest ruling by the Vice President of the Court of Protection on the withdrawal of treatment in a COVID context.
September 03, 2021

Staying away from work because of Covid: a trap for employers?

Hari Menon looks at the problems that arise for employers where an employee stays away from work, pointing to the risks to his health from potentially contracting Covid.
August 27, 2021

Long COVID: What is it and how should employers deal with it?

Andrew Rayment, Laura McLellan and Kendel Shepherd look at the issues created by Long Covid and set out some practical steps for employers.
August 27, 2021

Commercial leases and unpaid rent

Are we turning a corner? Priya Sejpal examines the Government Policy Statement on COVID-19 enforcement and rent recovery restrictions for commercial leases.
August 13, 2021

Local authority leisure provision in a time of Covid

Craig Elder looks at the lessons for local authorities in relation to leisure provision during the pandemic and considers the way forward.
August 05, 2021

Possession proceedings and evictions: recent changes

Helen Tucker analyses the latest developments in relation to possession proceedings and evictions.
July 16, 2021

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

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.
July 02, 2021

Can mediation solve the housing possessions backlog?

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.
June 18, 2021

Best interests and Covid-19 vaccination in the Court of Protection

The Court of Protection recently ruled that an 86-year-old woman with dementia should not be either forcibly given a Covid vaccine or deceived into accepting a jab. Rebecca Handcock and Hilton Harrop-Griffiths analyse the ruling.
April 29, 2021

Council meetings beyond 7 May 2021

What does the Divisional Court's ruling mean for local government? David Kitson, Victoria Barman and Mark Robinson look at what happens next.
April 23, 2021

Elections in the time of Covid-19

Rupert Beloff sets out some important considerations for Returning Officers and other election administrators as they look ahead to May's elections.
April 23, 2021

How to tackle urbexing

Lyn Crawford looks at what property owners, developers and contractors can do about "urbexing".
April 14, 2021

Remote meetings and the importance of ‘local choice’

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.
April 09, 2021

Vulnerable persons - participation and evidence in family proceedings

The following Family practice note from LexisNexis provides comprehensive and up to date legal information covering the participation of vulnerable people and evidence in family proceedings.
April 07, 2021

Dealing with Hoarding during the Coronavirus crisis

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.
April 07, 2021

Too much, too soon

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.
March 26, 2021

Procurement obligations and Covid

What do the Westminster and Good Law Project cases tell us about the courts’ attitude to procurement post-Covid? Léonie Cowen explains.
March 26, 2021

Vaccination – looking at all the relevant circumstances

Alex Ruck Keene analyses a Court of Protection ruling on whether a 31-year-old man with a learning disability should be vaccinated against Covid-19.
March 15, 2021

The LLG Grapevine 15th March

Deborah Evans, Dennis Hall and Helen McGrath from LLG discuss devolution, Judicial Review, GDPR, The CfGS's Governance Risk & Resilience Framework, gender equality, flexible working, Rule of Law and Test and Trace.
March 09, 2021

Hugh James' NPS Framework Fortnight: Lot 3 - Civil Litigation - Housing Management

Rebecca Rees gives ten tips for handling disrepair claims and Bethan Gladwyn provides an overview of the current rules and practice for possession claims.
March 08, 2021

Planning and the way out of lockdown for leisure, hospitality and attractions

Richard Harwood OBE QC looks at the Local Government Secretary's recent comments on Covid planning and pavement licensing measures for the hospitality and leisure industry, and propooses some other changes that would help.
March 08, 2021

Covid testing in schools and data protection

Neil Murphy examines the data protection issues that arise with the return to school and the prospect of on-site tests for Covid.
March 05, 2021

Late publication of contracts

David Mitchell examines a recent ruling that the late publication of coronavirus contracts by the Department of Health and Social Care was unlawful.
March 02, 2021

The pitfalls of relying on s21 during the pandemic

Master Dagnall recently gave judgment in a case which considered several issues regarding the pandemic and possession proceedings which are worthy of note as the stay on evictions has again been extended, writes Jane Talbot.
March 01, 2021

The LLG Grapevine 1st March

This week Deborah Evans, Dennis Hall and Helen McGrath discuss Covid Procurement Transparency, Local Authority Pension Investment, Emergency Legislation during Covid, Working Time and being 'On Call', News from Wales, Schools, Fly-tipping and Dismissal for Not Wearing a Face Mask.
February 26, 2021

Health and Care White Paper: opportunities for local authorities

Kirtpal Kaur Aujla considers what the Government's Health White Paper means for local authorities.
February 19, 2021

Extended halt on evictions (again, again): exemption applications; warrants and extensions

Amy Kelly considers the latest extension of the prohibition on enforcement of some possession orders in England and Wales.
February 19, 2021

The COVID-19 vaccine and employees

Can employers require employees to be vaccinated? Joanne Bell and Louise Bloomfield consider some o the legal issues.
February 12, 2021

Covid-19 and Specific Changes in Law

Amy Callahan-Page sets out the key points from a recent High Court ruling on risk allocation between a council and a leisure centre operator.
February 12, 2021

Closing gyms during lockdown

Sarah Clover recently supported a city council in closing down a gym which opened persistently in contravention of Coronavirus Regulations and the lockdown restrictions. She explains what this involved.
February 12, 2021

The Covid-19 vaccine and capacity

A senior judge recently ruled that 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. Jennifer Swan analyses the judgment.
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

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.
January 29, 2021

Coronavirus (COVID-19) - Governance Tracker

This tracker from LexisNexis Local Government intended to be used to track the most recent key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to coronavirus (COVID-19) local authority governance, where relevant to local government lawyers.
January 29, 2021

Leisure centre losses during the pandemic

Louis Sebastian analyses a High Court dispute between a council and a leisure centre provider over where losses arising from closure of facilities during the current coronavirus pandemic fall.
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 20, 2021

Delivering leisure facilities in a post-covid world

The pandemic has introduced new hurdles in the provision of local authority led leisure services. Peter Ware, Catherine Rustomji and Alex Kynoch look at the different options available to councils, including establishing a charity.
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 14, 2021

The halt on evictions (again)

Amy Kelly analyses the latest prohibition on enforcement of some possession orders in England and Wales.
January 08, 2021

Covid-19 Regulations – the enforcement role of local authorities

Horatio Waller looks at defining the enforcement role of local authorities and best practice on ‘designating’ officers for enforcement purposes.
January 08, 2021

Remote meetings: planning for permanence

Ed Hammond looks at the benefits of remote meetings and the likelihood the arrangements facilitating them will be put on a permanent footing.
January 04, 2021

NAHT calls for school closures: the right to education during the second wave of Covid-19

Khatija Hafesji considers the Department for Education’s latest school closure and mass testing decisions and their implications for the right to education.
December 22, 2020

New local authority Covid enforcement powers

Gary Grant analyses the new enforcement tools that allow local authorities in England to take action against premises that do not comply with COVID-secure rules.
December 20, 2020

The Tier 4 Regulations: impact on businesses

Gary Grant sets out the key points for businesses from the Government's regulations implementing the new Tier 4.
December 18, 2020

Running elections in 2021 - What's changing?

Elections are now likely to take place in May 2021. What are the challenges facing returning officers and their staff, running elections in a coronavirus (COVID-19) environment and what is being done to address them? Mark Heath explains.
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 07, 2020

All Reasonable Measures: tidying up the Coronavirus, Restrictions Regulations and the law of unintended consequences

Charles Holland looks at how a “tidying up” amendment in the new All Tiers Regulations has removed an important obligation on the operators of a significant class of premises in Tier 3.
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