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Coronavirus and Police use of drones

Apr 03, 2020
Ibrahim Hasan looks at the significant issues arising out of the police's use of drones during the coronavirus outbreak.

Coronavirus and local authority meetings in England and Wales

Apr 03, 2020
Alastair Lewis gives an overview of the regulations for local authority meetings in England and Wales during the COVID-19 crisis.

The importance of pension trustee responsibilities

Apr 03, 2020
Gillian McCue examines a Pensions Ombudsman ruling against Hampshire County Council for failing to carry out proper due diligence before transferring a person's benefits to a retirement scheme which turned out to be a scam.

Serious allegations of domestic abuse

Apr 03, 2020
A recent private law appeal dealt with issues relevant to all Children Act cases where domestic abuse may be involved, writes Anne Chavasse.

Foster families and human rights

Apr 03, 2020
In an important judgment, the Court of Appeal has confirmed the general application of Article 8 of the European Convention (right to family life) in the context of foster care. Peter Wake analyses the ruling.

Coronavirus employment implications - FAQs

Apr 02, 2020
Allison Cook provides answers to frequently asked questions from public sector employers during the COVID-19 outbreak.
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A life worth living

Apr 02, 2020
Nageena Khalique QC looks at Mostyn J's judgment in a novel case concerning withdrawal of life sustaining treatment in the Court of Protection’s first ever Skype trial.

Covid-19, social distancing and mental capacity

Apr 01, 2020
Victoria Butler-Cole QC, Sian Davies and Alex Ruck-Keene discuss the legal position where a person (“P”) lives in the community and declines to practice social distancing in circumstances where P does not (or may not) have capacity to make decisions about social contact in the circumstances of COVID-19.

Housing disrepair claims and the complications caused by coronavirus

Mar 31, 2020
Whilst there might be a decline in the number of new housing disrepair claims in the short term, there is likely to be a spike in claims once restrictions are lifted, write Matthew Lake and Matthew Wilson.

Court of Appeal upholds lawfulness of NHS Avastin choice policy for wet AMD patients

Mar 30, 2020
A policy of 12 Clinical Commissioning Groups (CCGs) to recommend that NHS clinicians should offer patients a choice between two licensed medicines and a cheaper drug for a treatment was confirmed as lawful following the Court of Appeal's dismissal of an appeal brought by pharmaceutical companies. David Lock QC and David Blundell QC analyse the judgment.

COVID-19 and housing law

Mar 30, 2020
Elizabeth England rounds up the key developments in housing law in the week commencing 23 March 2020 and considers what is next for possession and disrepair claims.

COVID-19 and social landlords: updated

Mar 30, 2020
Angela Hall, Elizabeth England and Tristan Salter provide an update for social landlords on the changes taking place as a response to the pandemic.

Coronavirus and executing documents remotely

Mar 27, 2020
David Sawtell and Gethin Thomas look at the legal position on the execution of documents during the coronavirus outbreak and the particular issues faced by local authorities.

Coronavirus Act 2020 and social care

Mar 27, 2020
The Coronavirus Act 2020 means that disabled and vulnerable adults may be left with no entitlement or access to care, writes Jonathan Auburn.

Coronavirus emergency: local authority charges for care and support

Mar 27, 2020
Christine Cooper looks at the issues for local authorities around charging for care during the coronavirus outbreak.

Skype in the Court of Protection: The courts in the time of coronavirus

Mar 27, 2020
Nageena Khalique QC and Sophia Roper explain what it was like to take part in a trial concerning withdrawal of life sustaining treatment that was heard by Mr Justice Mostyn with five parties and at least 20 participants over Skype for Business.

Sentencing for non-compliance with planning enforcement notices

Mar 27, 2020
The Court of Appeal recently considered an appeal against sentence for a failure to comply with a planning enforcement notice. Constanze Bell explains the outcome.

How not to conduct a placement application

Mar 27, 2020
A recent case contains some very useful observations about placement applications and a good analysis of the case law, writes Anne Chavasse.

Data protection and coronavirus

Mar 26, 2020
The Information Commissioner's Office has issued guidance for data controllers on their data protection compliance obligations during the coronavirus outbreak. Euros Jones, Alexander Gorst and Natasha Jordan look at the key points.

Coronavirus, local authority meetings and development management

Mar 26, 2020
John Pugh-Smith provides a brief overview of the current known position, watch points and continuing uncertainties as at 26 March 2020 now that the Coronavirus Act 2020 is in force.

Homelessness and Covid-19

Mar 26, 2020
Andy Lane, Matt Lewin and Tara O’Leary of Cornerstone Barristers’ Housing and Public Law Teams have prepared a briefing note in response to the particular issues raised for local housing authorities (LHAs) by Covid-19 insofar as concerns their Part 7 homelessness duties and powers.

Final implementation of The Fitness Act

Mar 26, 2020
Baljit Basra and Alex Loxton analyse changes to the 'fitness obligations brought in by The Homes (Fitness for Human Habitation) Act 2018 and predict an increase in the volume of claims.

Disability discrimination in pursuit of a legitimate aim

Mar 26, 2020
A recent case looked closely at the actions of a housing provider which sought to evict a disabled tenant following his assault on one of the trust's employees. John Murray unpacks the judgment.

Housing case law update: March 2020

Mar 26, 2020
Paul Lloyd, Victoria Smith and Elena-Lucia Stoian round up the latest housing law rulings from the courts and a recent report from the Local Government and Social Care Ombudsman.

Welsh social landlords and judicial review

Mar 26, 2020
Can a Welsh registered social landlord who is not a public body for Office National Statistics be the subject of a judicial review when it delivers a public function? Tim Edds investigates.

Building safety reforms - what impact on local authority landlords?

Mar 26, 2020
In the wake of new building safety reforms, Jessica Arczynski and Ian Doolittle look at how local housing authorities will be affected.

What are for-profit registered providers?

Mar 26, 2020
When the Housing and Regeneration Act 2008 (2008 Act) came into force, it allowed profit-making organisations to be registered with the social housing regulator for the first time. Emma Kirby looks at what happened next.

Forfeiture frustrated

Mar 25, 2020
The government is proposing emergency legislation via the Coronavirus Bill intended to protect business tenants from the threat of having their leases forfeited for non-payment of rent. Peter Hall looks at the issues.

COVID-19 and State aid: Local Government Impacts

Mar 25, 2020
Fenella Morris QC and Kelly Stricklin-Coutinho set out what local authorities need to consider in relation to state aid if they are looking to provide support during the COVID-19 outbreak.

Remote licensing hearings are lawful

Mar 25, 2020
Philip Kolvin QC addresses any lingering doubts as to whether it is lawful for licensing hearings to be conducted remotely.

Enforcing the lockdown

Mar 24, 2020
The government is once again using s.45C of the Public Health (Control of Disease) Act 1984 to impose distancing measures, writes Charles Holland, as new measures are introduced in Wales.

Closing restaurants, cafes and pubs during COVID-19

Mar 23, 2020
Charles Holland analyses the regulations issued by the government for the closure of restaurants, cafes, pubs and other leisure venues during the coronavirus outbreak.

COVID-19 and new State aid exemptions

Mar 23, 2020
The European Commission has adopted new State aid exemptions to allow Governments to alleviate the economic impact of COVID-19. Jonathan Branton and Alexander Rose analyse the provisions.

Keeping the planning system going

Mar 20, 2020
Jonathan Easton sets out how local authorities can maintain decision taking when it is becoming ever more difficult to convene planning committees.

Consultation in a time of social distancing and self-isolation

Mar 20, 2020
Local authorities should consider the legal issues around consultation during the Covid-19 crisis, writes Jonathan Moffett QC.

Covid-19 and the economic emergency, unforeseen

Mar 20, 2020
How will local authorities be able to respond? Helen Randall and Henna Malik set out some of the options.

COVID-19: suspension of Care Act obligations

Mar 19, 2020
The new Coronavirus Bill 2020 effectively suspends most local authority social care obligations. Jonathan Auburn reports.

COVID19 and delivering the provision in EHC plans

Mar 19, 2020
Jonathan Auburn looks at the major challenges local authorities and schools face in continuing to deliver education to children with Education, Health and Care (EHC) plans, as directed by the government.

Covid-19: Court of Protection guidance on visiting P and hearings

Mar 19, 2020
The Court of Protection has issued two important pieces of guidance in the last two days, writes Jonathan Auburn.

Coronavirus - contracts, force majeure and frustration

Mar 18, 2020
Paula Dumbill analyses the issues around force majeure provisions and the common law doctrine of frustration.

Public decision-taking during coronavirus restrictions

Mar 18, 2020
Richard Barlow looks at how public bodies might continue to maintain functioning democratic decision-taking at a time when large gatherings are discouraged and social isolation is recommended for public health.

Procurement and Coronavirus

Mar 18, 2020
Procurement schedules are at risk of delay as a result of coronavirus, but provisions under the Public Contract Regulations 2015 (the PCR) can help. Jennifer Grigg highlights a number of "safe harbours" for contracting authorities offered by the PCR.

Licensing hearings during the coronavirus crisis

Mar 18, 2020
Gary Grant, Vice-Chairman of the Institute of Licensing, sets out an alternative legal option for councils to hold remote licensing hearings instead of bringing the whole licensing system to a halt.

Local authority duties and decision-making

Mar 13, 2020
The Court of Appeal has given important guidance on local authority duties and decision-making. James Goudie QC and Ronnie Dennis set out its key findings.

Phased planning permissions and CIL Liability Notices

Mar 13, 2020
Christopher Cant looks at the lessons to be learned from a Planning Court judge's ruling on the Community Infrastructure Levy (CIL) and phased planning permissions.

A broken shield isn’t that useful…

Mar 13, 2020
Changes to the Primary Authority scheme are needed if it is to retain its credibility, write Helen Atkinson, Ian Andrews and Joyce-Oyella-Ogaba.

Credit where credit’s due

Mar 13, 2020
Doug Mullen and Alice Kinder look at changes to the rules on Local Government Pension Scheme exit credits.

Amendment of LA Plan, post final orders - what can parents do?

Mar 13, 2020
Natalie Cross looks at what needs to happen where parents seek to challenge a change to a care plan where the earlier plan (i.e. remaining at home) has already been approved by the court when the final order was made.

Valid or not valid?

Mar 13, 2020
Does an obvious mistake in a Notice of Seeking Possession invalidate it…or not? Steven Eccles reports on the lessons for housing associations and local authorities from an important recent ruling.

The role of judicial review applications in the CIL regime

Mar 06, 2020
A recent decision of Mr Justice Swift in the Planning Court will have a significant impact on the manner in which a Community Infrastructure Levy (“CIL”) is challenged and the stance taken by authorities in rebutting such challenges, writes Christopher Cant.

Property and Affairs Deputies: limits on authority, and managing conflicts of interest

Mar 06, 2020
The Court of Protection has handed down an important judgment, which every property and affairs deputy - including public authority deputies - should consider, writes Lee Parkhill.

Tackling the increase in modern slavery

Mar 06, 2020
Tiffany Cloynes sets out how local authorities can help prevent modern slavery, including through the actions and approaches that they take as purchasers of services, and looks at the latest Government initiatives to tackle the problem.

Notification of fathers and relatives

Mar 06, 2020
The Court of Appeal has provided guidance on how to decide whether or not to notify a putative father or a relative of the existence of the child or legal proceedings. Charlotte Wilce and Sara Anning explain the ruling.

Discrimination claims, PCPs and one-off acts

Mar 06, 2020
Can a one-off act qualify as a provision, criterion or practice for discrimination claims? Nadjia Zychowicz examines a recent Court of Appeal ruling.

Heathrow Airport expansion and climate change policy

Mar 06, 2020
The Court of Appeal has declared the Heathrow expansion decision unlawful on climate change grounds. David Hart QC explains why.

Contracting authorities co-operating together

Mar 06, 2020
An Advocate General’s opinion has provided guidance on the circumstances in which contracting authorities can co-operate with other contracting authorities without needing to procure the arrangement. Richard Moore, Rebecca Powell and David Stedman analyse the findings.

Not only inimical… but potentially fatal: medical treatment cases and delay

Mar 06, 2020
A recent case shows how important it is that doctors and other professionals are supported within their organisations to understand the points at which they need to consider an application to the Court of Protection, writes the CoP team at 39 Essex Chambers.

Access all areas: public sector websites

Mar 06, 2020
Eve Piffaretti looks at how to ensure public sector websites and mobile apps are accessible by residents.

Judges in their own cause

Feb 28, 2020
Ian Graves sets out the lessons learned for local authorities when granting planning permission on their own land.

Road traffic – order procedure notices

Feb 28, 2020
Roadworks 54101373 s 146x219
This Local Government guidance note from LexisNexis provides comprehensive and up to date legal information covering road traffic orders, regulations, procedures and the powers available to local authorities.
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