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  NEWS

October 21, 2020

Night-Time Economy Adviser for Greater Manchester sends letter before action ahead of potential challenge to restrictions on hospitality sector

The Night-Time Economy Adviser for Greater Manchester, Sacha Lord, has threatened a judicial review challenge into the legality of implementing emergency restrictions on the area's hospitality sector, "without scientific evidence".
October 20, 2020

Law Society continues to back remote hearings in family cases, but expresses concern about their use in more complex cases

The Law Society has said that, as the rate of COVID-19 infections continues to increase across England and Wales and the safety implications connected with conducting face to face hearings remain significant, it still believes proceeding with remote hearings…
October 13, 2020

Care watchdog to review use of DNACPR during pandemic

The Care Quality Commission is to review how Do Not Attempt Cardiopulmonary Resuscitation (DNACPR) decisions were used during the coronavirus pandemic.
October 13, 2020

Report from Public Law Project warns of serious deficiencies in UK law making with huge rise in statutory instruments

The UK’s withdrawal from the EU has led to a ‘tsunami’ of delegated legislation in the form of statutory instruments (SIs), according to a report by the Public Law Project.
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  FEATURES AND ANALYSIS

October 23, 2020

Winter Plan: Impact on the deprivation of liberty safeguards

In the third in a series of articles by barristers at 39 Essex Chambers on the Winter Plan, Neil Allen considers whether the government's guidance on self-isolation constitutes a deprivation of liberty for those with reduced capacity.
October 22, 2020

Coronavirus (COVID-19) - Social Care Tracker

This LexisNexis tracker is intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to COVID-19, where relevant to social care lawyers.
October 19, 2020

The 3-Tier Covid Regulations: Impact on Licensed Premises

Gary Grant and Charles Holland summarise the new system brought in through the 3-Tier Covid Regulations and focus on its impact on licensed premises.
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  WEBINARS AND PODCASTS

October 12, 2020

The LLG Grapevine 12th October

Deborah Evans, Dennis Hall and Helen McGrath discuss the highlights of the LLG MO Conference including challenges and opportunities for Monitoring Officers, Governance and Scrutiny, The do's and don'ts of social media, the 95K exit cap, the LGA's position on the model code of conduct and intimidation in public life, and the conference round table discussion including the impact of Covid, health and well-being, virtual meeting provision and Law…
October 09, 2020

Collection and use of personal data: A guide for landlords

This webinar provides up to date guidance and advice for landlords and those who represent them on complying with data protection obligations, lawfully collecting CCTV for ASB and Tenancy Fraud investigations, and how such data can be used in court proceedings.

 

October 09, 2020

Using compulsory purchasing powers and the planning system to deliver regeneration and income

Christopher Stanwell examines how compulsory purchase order (CPO) powers can be secured and used in housing or mixed-use regeneration projects.
October 08, 2020

Public law and discrimination challenges to possession claims

This webinar considers the current state of play of such matters being raised in defences to possession claims, and increasingly (with discrimination) as a damages counterclaim as well, and considers strategies to deal effectively and confidently with them.
October 08, 2020

Dealing with mental health problems/capacity issues in ASB cases

In the second webinar of Cornerstone Barristers' Housing Week series, Kuljit Bhogal chairs a discussion on the different roles of each court and how they can be co-ordinated to secure expeditious outcomes in circumstances where the County Court sometimes defers to the CoP, whilst the CoP may want to defer to the County Court.
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  MORE NEWS

October 12, 2020

Council says it was told by government official not to take action against shops that were failing to enforce mask-wearing

The Leader of Barking and Dagenham Council complained to the Business Secretary in a letter last week after the council said it was told by an official at the Department of Business, Energy & Industrial Strategy (BEIS) to stop taking action against local…
October 08, 2020

Government issues guidance on COVID-19 secure marshals, stresses the role has no enforcement powers

The Government has issued guidance on how the £30m allocated to district and unitary authorities for COVID-19 related compliance and enforcement activities should be spent.
October 07, 2020

Council hits beauty salon with closure notice over failure to have adequate COVID-19 controls in place

Sefton Council has issued a closure notice on a beauty salon over its failure to put in place adequate controls and measures required to make the premises COVID-secure.
October 07, 2020

London borough brings in PWC to review arrangements with its companies, ahead of bid to obtain financial support from Government

Croydon Council has selected PWC to carry out an independent strategic review of its arrangements with its companies and other entities, as part of the local authority’s preparations for a submission to Government aimed at securing financial support.
October 06, 2020

Owner of iconic nightclub to launch legal challenge over 10pm curfew

The owner of nightclub G-A-Y, Jeremy Joseph, has appointed law firm Simpson Millar and barristers at Kings Chambers to challenge the Government’s decision to implement a national curfew of 10pm on hospitality premises.
October 01, 2020

Taxi drivers mount legal challenge over Streetspace schemes

Organisations representing London taxi drivers have won permission to take the capital’s mayor to judicial review over street closures.
September 30, 2020

London borough facing legal action over street closures through experimental traffic regulation order

Objectors to a plan to close streets in Islington to motor traffic have sent the council a pre-action letter warning they will seek judicial review.
September 30, 2020

London borough shuts restaurant over Covid-19 breaches

The London Borough of Bromley has closed a restaurant in Orpington after breaches of Covid-19 restrictions.
September 28, 2020

Family Court statistics reveal impact of Covid-19 as fewer care cases disposed of within 26-week timeframe, but latest data suggests return to pre-pandemic levels

The average time for a care or supervision case to reach first disposal was 36 weeks in April to June 2020­­­­, up three weeks from the same quarter in 2019, as the impact of COVID-19 was felt on family court activity.
September 23, 2020

Council blames COVID-19 restrictions as it rejects petition calling for referendum on having elected mayor

The London Borough of Croydon has cited COVID-19 restrictions to reject a petition calling for a referendum on creating an elected mayoralty.
September 22, 2020

HMCTS announces further eight Nightingale Courts including converted hotels and theatre

A theatre and two hotels have been converted into ‘Nightingale Courts’ and will begin hearings next week in a further bid to alleviate the pressure on courts and tribunals resulting from the COVID-19 pandemic, HM Courts and Tribunals Service (HMCTS) has…
September 21, 2020

Master of the Rolls issues statement on resumption of possession cases

The Master of the Rolls, Sir Terence Etherton, has published a statement on the resumption of possession cases from 20 September.
September 17, 2020

Government upholds decision by council to issue direction cancelling international boat show

The Minister of State for Patient Safety, Suicide Prevention and Mental Health, Nadine Dorries MP, has upheld Southampton City Council’s decision to issue a direction which cancelled the Southampton International Boat Show (Boats 2020).
September 16, 2020

Birmingham bar sees licence revoked by council after COVID-19 breaches

The Licensing Sub-Committee at Birmingham City Council has revoked the premises licence of a bar in the Jewellery Quarter after it was found to be breaching COVID-19 guidelines.
September 16, 2020

Temporary increase in the notice period for eviction in Wales to be extended

The temporary increase in notice periods for eviction in Wales, including those announced in July, will be extended to 31 March 2021, Housing and Local Government Minister Julie James has announced.
September 15, 2020

Health and care workers report lack of legal training on how to uphold human rights law during COVID-19: BIHR

More than three quarters (76%) of people working in health and care who responded to a call for evidence told the British Institute of Human Rights (BIHR) that during COVID-19 they were not provided with legal training or clear information about upholding…
September 03, 2020

Academy of Experts issues guidance for expert witnesses on giving evidence remotely

The Academy of Experts has issued guidance for expert witnesses on giving evidence remotely, with the document approved by its judicial committee.
September 01, 2020

Court of Appeal to hear challenge to dilution of children’s safeguards this week

The Court of Appeal will this week (4 September) hear Article 39’s appeal over a High Court ruling that while the Department for Education’s Coronavirus Regulations did damage children’s safeguards, they were not unlawful due to the pandemic.
August 28, 2020

Replacing all district and county councils with unitary authorities “could save £3bn”: report

Merging district and county councils into single unitary councils could save £2.94bn over five years, reduce complexity and maximise economic growth, a study published by the County Councils Network has claimed.
August 26, 2020

Ministry publishes guidance for councils on local government income loss scheme

The Ministry of Housing, Communities and Local Government has issued guidance for local authorities on how to access the local government income compensation scheme for lost sales, fees and charges as a result of COVID-19.
August 24, 2020

Mother and grandparents win appeal over interim care orders

The Court of Appeal has allowed an appeal by a mother and the maternal grandparents against interim care orders made in respect of three children, saying the transcript of the hearing before the recorder “demonstrates once again the difficulties facing courts…
August 21, 2020

Councils warn of “cliff edge” with 500,000 people at risk of eviction once stay on proceedings is lifted

Councils have warned that hundreds of thousands of people could be at risk of eviction when the stay on possession proceedings introduced during the COVID-19 pandemic comes to an end on 23 August.
August 20, 2020

Council facing £5m+ claim from construction firm after project stopped during lockdown: report

Northumberland County Council faces a legal claim for some £5.5m after a construction project was shut during the COVID-19 lockdown, it has been reported.
August 19, 2020

Claimants vow to appeal after High Court dismisses challenge over “downgrading” during pandemic of rights of children with SEN

A High Court judge has dismissed a legal challenge to the Education Secretary's decisions to reduce the obligations on local authorities to make statutory educational and health care provision for children and young people with special educational needs and…
August 19, 2020

Police and council secure closure order of residential property where 200 people had gathered

Greater Manchester Police and Manchester City Council have obtained a three-month closure order of a residential property where 200 people had gathered.

  MORE FEATURES

October 16, 2020

Getting off the hook

Parishil Patel QC and Katherine Barnes provide a guide to securing release from contractual obligations and varying public contracts in light of COVID-19. [1]
October 16, 2020

The Winter Plan and the right to family life

In the second of a three-part series from 39 Essex Chambers on the Government’s Adult Social Care: COVID-19 Winter Plan 2020-2021, Steve Broach looks at the implications for the right to respect for private and family life.
October 09, 2020

Using compulsory purchasing powers and the planning system to deliver regeneration and income

Christopher Stanwell examines how compulsory purchase order (CPO) powers can be secured and used in housing or mixed-use regeneration projects.
October 09, 2020

Enforcement of self-isolation

Alex Ruck Keene looks at another minefield to navigate in the capacity context - how new requirements on self-isolation apply to those with impaired decision-making capacity.
October 09, 2020

Department for Health and Social Care Winter Guidance: issues for local authorities

Siân Davies provides an overview of the Department of Health and Social Care (non-statutory) guidance issued on 18 September 2020.
October 02, 2020

Data protection challenges of remote working

Samantha Smith looks at how organisations can handle the data protection challenges of remote working.
September 30, 2020

Mandatory decibel limits in hospitality venues

Charles Holland sets out the legislative background to the new music level requirement, and Peter Rogers reviews its effectiveness and enforceability in terms of an acoustic test.
September 30, 2020

The resumption of Part 55 CPR possession cases

Raghav Trivedi provides an outline of practice and procedure in light of the resumption of Part 55 CPR possession cases.
September 25, 2020

Proportionality and the Regulator’s decision to prosecute in the time of Coronavirus

Has the public interest test for prosecution been changed in the regulatory context by COVID-19? James Puzey analyses the issues.
September 24, 2020

The 24 September Coronavirus Restrictions

Gary Grant examines the main provisions of the latest coronavirus regulations imposing restrictions on opening hours and the service of food and drink.
September 18, 2020

Do local authorities have the power to impose a full scale local 'lockdown'? UPDATED

Christopher Bevan examines the powers available to local authorities particularly under Regulation 6 of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 in providing a local public health response to the incidence and spread of coronavirus.
September 18, 2020

Public law children case update: contact, nationality and stays

Georgina Dalton summarises the latest public law children rulings, covering issues such as contact during care, changing the nationality of children in care, and practice on granting short-term stays.
September 17, 2020

Employment law and Covid-19

This Employment guidance note from LexisNexis provides comprehensive and up to date legal information covering employment law issues arising from the Covid-19 pandemic.
September 15, 2020

The "Rule of 6" Coronavirus Regulations

Gary Grant sets out the key elements of the government's new 'Rule of 6' regulations.
September 11, 2020

Possession Notices – all change once more!

Alex Loxton sets out the government's proposed changes to the notice periods to be given to tenants when seeking possession of a property.
September 09, 2020

Data Protection and FOI/EIR requests – coming out of lockdown

Following the ICO's call for councils to make plans for returning to pre-covid levels of FOI work, Damien Welfare, Estelle Dehon, Isabella Buono and Rowan Clapp look ahead to the time when the regulatory environment returns to normal, and requesters are likely to expect their outstanding requests to be answered quickly.
September 07, 2020

The LLG Grapevine 7th September

Deborah Evans, Dennis Hall and Helen McGrath look back over the summer and discuss reforms of the planning, the EU-UK future relationship, guidance for schools, algorithims and children falling behind, whether public services were fit to respond to the pandemic, devolution, equality and the solicitors disciplinary tribunal, and the National Institute for Health Protection.
August 28, 2020

COVID-19 and supplier relief

Mo Olatuja considers the implications COVID-19 has had on public contracts and the plans to provide supplier relief.
August 24, 2020

The 11th hour extension to the possession claim stay

Andy Lane and Tara O’Leary consider the late changes announced by the Government to extend the stay of possession claims beyond the 23 August deadline.
August 21, 2020

The 2020 Guidance on Statutory intervention and Localism

Paul Feild examines recent government guidance on statutory intervention into local authorities, and considers what councils should do to avoid it coming to pass.
August 21, 2020

Anti-social behaviour, rough sleeping and injunctions

In a rare occurrence, North Lincolnshire Council recently secured an injunction pursuant to the Anti-social behaviour, Crime and Policing Act 2014 in respect of two rough sleepers. The powers under section 1 of the Act tend to be used exceptionally and many Courts are unfamiliar with them, writes Ben Williams.
August 21, 2020

Public law children case update: August 2020

Georgina Dalton summarises the latest Court of Appeal and High Court Family Division rulings, which cover issues such as regulated placements, the inherent jurisdiction and habitual residence, and a flawed hybrid hearing during the pandemic.
August 14, 2020

Contact with children in care: COVID-19

The Court of Appeal has confirmed that the ordinary principles governing applications for contact with children in care continue to apply during the COVID-19 pandemic, even though outcomes may well be affected by the practical difficulties that are being faced. Hazel Samuriwo outlines the judgment.
August 14, 2020

Possession claims after the stay is lifted

Andy Lane explains and provides an overview of the post-23 August 2020 landscape for residential possession claims.
August 07, 2020

Public sector rent deferrals and State aid

Jonathan Branton and Lee Pickett look into some of the ways State aid issues can arise in public sector property transactions, the ramifications and ways to proceed within the rules.
August 07, 2020

Landlord’s knowledge of breach: waiver of forfeiture

The High Court has considered the interrelationship between a landlord’s knowledge and the date of accrual of a tenant’s liability and their effect on waiver of forfeiture. Lachlan Stewart examines the ruling.
July 31, 2020

COVID-19, care settings and deprivations of liberty

Rebecca Gowling analyses whether Care Quality Commission data suggests a rise in unauthorised deprivations of liberty.
July 31, 2020

Extreme urgency?

The judicial spotlight is now trained on Regulation 32(2)(c) and the direct award of contracts on the basis of extreme urgency, writes Rachel Whitaker.
July 29, 2020

The End is in Sight – but what then?

The government has set out how possession proceedings will be dealt with once the stay ends next month. Jane Talbot looks at the proposed approach and the issues that could arise.
July 29, 2020

Helping Registered Providers raise funds quickly and efficiently in challenging times

The current pandemic has demonstrated not only the volatility of the financial markets but also the resilience and attractiveness of social housing as a safe haven for investors. David Moore, Louise Leaver and Deborah Rowntree discuss how registered providers can get the most out of the shift towards social housing.
July 24, 2020

Coronavirus – accentuating the differences

V. Charles Ward looks at the issues thrown up by the COVID-19 pandemic in relation to exchange of contracts, transfer of funds, and due diligence identification.
July 24, 2020

Procurement: how to reduce the risk of fraud

Following publication of a government review into the risks of fraud and corruption in local government procurement, Matt Marsh looks at what local authorities and other public bodies can do to tackle the issue.
July 17, 2020

Lifting the stay

A County Court judge has been persuaded to use its discretion to lift the general stay on possession cases in order to enable a claim to be finalised. Anya Newman explains why.
July 16, 2020

The rules for independence day...and beyond

Charles Holland, Gary Grant and Leo Charalambides provide an in-depth summary of the regulations to remove the closure restrictions that had been imposed on English restaurants, cafes, bars and public houses to tackle COVID-19.
July 09, 2020

COVID-19, homelessness and rough sleepers: how to help persons ineligible for support

Tara O'Leary looks at what legal powers local authorities will have to deal with rough sleepers once lockdown ends.
July 03, 2020

COVID-19 - Code of principles on commercial leases

The Government has issued a new Code of Practice for commercial property relationships: What does it mean for landlords and tenants? Sara Bailey, Yvette Bryan and Nick Levy explain.
June 30, 2020

No5 Barristers' Chambers Planning Podcast - Episode 9 - Infrastructure

Richard Kimblin QC interviews Angus Walker, Chair of the Board of the National Infrastructure Planning Association on infrastructure projects during the emergency, whether consenting procedures might actually be better after the emergency and infrastructure and economic recovery.
June 30, 2020

Vaccinations: Public Law Update

Focusing on the Court of Appeal's recent decision in Re H (A Child)(Parental Responsibility: Vaccination), Joanna Moody discusses vaccinations within the sphere of public law proceedings.
June 29, 2020

Disrepair during COVID-19

Victoria Curran looks at how to take a pragmatic and common sense approach to housing disrepair during the coronavirus pandemic.
June 29, 2020

The COVID-19 “New Deal”​

Russell Harris QC explains how the delivery of housing association dwellings could be boosted at a stroke.
June 29, 2020

Income-strip and housing supply

When it comes to boosting housing supply, is income-strip a potential solution? Paul McDermott looks at the advantages.
June 26, 2020

COVID-19 & RIDDOR for care providers

Edward Sainsbury and Peter James consider when and when not to report in relation to COVID-19 and RIDDOR.
June 25, 2020

Al Fresco eating and drinking under the Business and Planning Bill 2020

Through the Business and Planning Bill 2020, introduced this week, the government is looking to simplify and reduce the costs of the licensing process for outdoor seating and stalls. Gary Grant analyses the licensing aspects of the legislation.
June 19, 2020

COVID-19 changes to SEN duties

Steve Broach and Gethin Thomas look at the latest changes to SEN duties during the Covid-19 pandemic.
June 18, 2020

Coronavirus and the duty to house

The High Court has found that local authorities are not obliged to provide furniture and white goods for unfurnished accommodation, writes Tom van der Klugt.
June 09, 2020

The LLG Grapevine 8th June

Deborah Evans (CEO), Dennis Hall (Bulletin Editor) and Helen McGrath (Head of Public Affairs) from LLG discuss the Seven Principles of Public Life, new school regulations, judicial review, remote meeting case studies, child vaccination disputes, the Commons Briefing on the role of the governments law officers, local lockdown powers and Brexit - remember that?!
June 05, 2020

Decision time

Shivaji Shiva looks at government initiatives, as part of its response to the COVID-19 pandemic, to reshape our towns and cities for safer travel.
June 05, 2020

The outdoor café campaign

Philip Kolvin QC looks at a potential solution to the challenge of allowing outside drinking as premises look to recover from lockdown.
June 04, 2020

Changes to insolvency legislation

The Government has announced changes to the insolvency framework, including provisions relating to PPP and PFI contracts. Melanie Pears and Tim Care look at the key points.
June 02, 2020

Emergency procurements in the UK

How do things look in the Covid era? Michael Bowsher QC and Ben Rayment consider the thorny issues around emergency procurements.
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