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Local Government Lawyer Features large logo

One Source Dec 19 Deputy Director

Tower Hamlets Dec 19 Updated 600

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Compensation under the Assets of Community Value Regime

Dec 06, 2019
Christopher Cant looks at the lessons to be learned from a First-tier Tribunal case on compensation claims under the Assets of Community Value (ACV) regime.

It’s not always the council’s fault: Gorringe reprised

Dec 06, 2019
Following a tragic accident where the claimant was struck by a London bus whilst crossing a road sustaining multiple serious injuries, Central London County Court has struck out the claimant’s claim against a London borough. Steven Conway explains why.

Climate emergency #4: have you thought about Retrofitting?

Dec 06, 2019
Maxim Laithwaite, David Hutton and Nathan Bradberry analyse how local authorities and registered providers can use retrofitting to help deliver on climate emergencies.

Climate emergency #3: have you thought about New Housing?

Dec 06, 2019
In the latest of a series of articles on how local authorities can respond to a climate emergency, Maxim Laithwaite and David Hutton consider the opportunities provided by new housing?

Independent adjudicators, the Prison Rules and implied powers

Dec 06, 2019
A recent Divisional Court judgment is of interest to prison lawyers but also to public lawyers as it deals with important points of law in relation to the interpretation of the Prison Rules and the "implied powers" principle, writes Geeta Koska.

Poor performance and exclusion of bidders

Dec 06, 2019
In a recent case the Court of Justice of the European Union has provided guidance on applying exclusions to potential problem bidders. Rebecca McLean reviews the judgment.
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Powers to control anti-social behaviour under the Anti-social Behaviour, Crime and Policing Act 2014

Nov 29, 2019
This guidance note provides a comprehensive and up to date overview of powers to control anti-social behaviour under the Anti-social Behaviour, Crime and Policing Act 2014, Reform of anti-social behaviour powers (2014), Part 1 Civil Injunctions and Part 2 Criminal Behaviour Order (CBO).

Heads up on 'material considerations'

Nov 29, 2019
You really can’t buy a planning permission, the Supreme Court has said. Mark Lowe QC and Estelle Dehon report on a significant ruling in a case involving proposed community donations and the grant of planning permission for a wind turbine.

Climate Emergency #2 - have you thought about Planning?

Nov 29, 2019
Kathryn Lawrance considers how local authorities can use their planning role to further the climate change agenda.

Confidentiality Rings

Nov 29, 2019
Helen Prandy sets out the key considerations when confidentiality rings are employed in procurement cases.

Climate emergency #1 - have you thought about governance?

Nov 29, 2019
With many councils declaring a climate emergency, Victoria Barman examines the governance issues they face.

Fair hearings in the Family Courts

Nov 29, 2019
A 'fair hearing' in the family court includes the judge creating the appropriate atmosphere. Maria Scotland analyses a recent case where a judge was criticised for holding a hearing that was procedurally unfair.

The GPDO and Convention rights

Nov 29, 2019
A gliding club’s successful challenge to approval of a residential barn conversion under the GPDO may have potentially significant implications under the Human Rights Act, writes Jenny Wigley.

Facing the future

Nov 29, 2019
Rowan Clapp looks at the key points from the Information Commissioner’s opinion on live facial recognition technology, law enforcement and privacy.

‘Code Red’ - Guidance for landowners on the (New) Electronic Communications Code

Nov 22, 2019
Were the initial anxieties of public and private sector landowners about the Electronic Communications Code justified? James Nelson, Lillee Reid-Hunt and Nicholas Grundy QC examine its impact.

Implications of the Giordano decision for CIL

Nov 22, 2019
A recent Court of Appeal decision in relation to the Community Infrastructure Levy (CIL) has significant implications - and some odd consequences, writes Christopher Cant.

Applying heritage policies: levels of harm

Nov 22, 2019
A High Court judge has recently issued an important ruling concerning the application of heritage policies. Killian Garvey and Philip Robson examine the outcome.

Vulnerable witnesses and parties in the Family Courts

Nov 22, 2019
Natalie Cross summarises important guidance on the approach to be taken to vulnerable witnesses and parties in the Family Courts.

Reasonable adjustments and s.15 claims

Nov 22, 2019
Gareth Price discusses reasonable adjustments and s.15 claims in light of Northumberland NHS v. Ward.

Traffic management orders and equalities impacts

Nov 22, 2019
The High Court has dismissed an equalities challenge brought by the trustees of the Central Gurdwara over the impact of a traffic management order on the Sikh Temple. Charles Streeten explains why.

Hard Law and Soft Law - in the context of local government

Nov 15, 2019
Dr David Sykes analyses the role soft law plays the decision-making of local authorities and other local democratic institutions.

Objectively assessed need within the Local Plan process

Nov 15, 2019
The Court of Appeal has dismissed legal challenges to the Waverley Local Plan. Wayne Beglan explains why.

When is an FOI request not an FOI request?

Nov 15, 2019
Susan Wolf sets what organisations should bear in mind when considering whether something is 'business as usual' or an FOI request.

Failure to protect

Nov 15, 2019
The Court of Appeal has provided some useful guidance on what might or might not constitute “failure to protect” when a child had been injured by another, writes Sarah Fahy.

Housing case law update: succession rules, 'vulnerable persons' and what constitutes suitable accommodation

Nov 14, 2019
From succession rules to paying upfront for remedial work, Christopher Skinner, Natalie Hurst and Victoria Smith round up the latest housing law cases.

Spent convictions, underlying conduct and the 'fit and proper person' test

Nov 14, 2019
James Findlay QC and Riccardo Calzavara report on an Upper Tribunal ruling on spent convictions and the ‘fit and proper person’ test for holding a property licence under the Housing Act 2004.

Intellectual Property (IP) essentials for the public sector

Nov 14, 2019
Ben Travers examines how public bodies can protect their interests when it comes to intellectual property.

Is an old version of the prescribed section 8 notice still useable?

Nov 14, 2019
Michael Grant discusses a recent County Court case concerning service of an outdated version of the prescribed Section 8 notice.

Social housing restrictions – is Homes England consent required or not?

Nov 14, 2019
Tanya Edmonds looks at the uncertainty around Land Registry restrictions when social housing providers dispose of land.

Collateral warranties – time is of the essence!

Nov 14, 2019
Social housing providers should particularly be aware of a recent case in the context of subcontractor and novated consultant warranties in their favour. Zoe Stollard and Priscilla Hall discuss how, without careful drafting, the benefit of a later collateral warranty may expire at the same time as the earlier underlying Building Contract.

Homelessness reviews and temporary accommodation

Nov 14, 2019
John Murray considers a recent case in which the Court reviewed a London borough's refusal to provide an applicant with temporary accommodation pending an outcome of his s.202 Housing Act 1996 review.

The importance of bringing a homelessness appeal in time…

Nov 14, 2019
Adrian Davis examines Mr Justice Stewart’s decision in the High Court in which he dismissed an appeal against a county court judge’s refusal to extend time for bringing a homelessness appeal under section 204(2A) of the Housing Act 1996.

Housing disrepair, ADR and letters of claim

Nov 14, 2019
Elizabeth England examines issues around ADR, the failure to respond to a Letter of Claim and the Pre-Action Protocol for Housing Disrepair claims.

Unoccupied properties and immunity from enforcement action

Nov 08, 2019
A London borough recently succeeded in an important High Court challenge to the Secretary of State’s approach to immunity from enforcement action. Charles Streeten explains why.

Behind the curtain

Nov 08, 2019
As the general election kicks off, James Goudie QC highlights a 2017 High Court ruling on the status of 'purdah' and the business that can and cannot be conducted while it applies

Marshalling evidence in special educational needs cases

Nov 08, 2019
John Roberts reports on a successful result obtained by a local authority in the Special Educational Needs Tribunal.

Recovering costs after the lifting of automatic suspensions

Nov 08, 2019
Melanie Pears and Tim Care examine a case where a claimant bidder argued that the defendant contracting authority should not have all the costs of its successful application to lift an automatic suspension.

Deprivation of liberty in the community – how not to apply to court

Nov 08, 2019
A recent case reads as an object lesson in how not to make an application to the Court of Protection to authorise deprivation of liberty, writes Alex Ruck Keene.

Managing employee health and well-being

Nov 08, 2019
Hayley Titchner outlines the main legal claims that employees suffering from work-related stress could pursue.

Google v CNIL and the Right to be Forgotten

Nov 08, 2019
A recent ruling from the Court of Justice of the European Union makes it clear that the ‘Right to be Forgotten’ in the context of Google searches has its limits, writes Ibrahim Hasan.

Social care support and persons subject to immigration control

Nov 01, 2019
The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. Jonathan Auburn analyses the ruling.

Taking into account the impacts and benefits of deliverable schemes

Nov 01, 2019
The High Court has allowed a statutory challenge against the Secretary of State’s dismissal of an appeal in relation to a 1,200 dwelling scheme. Christopher Lockhart-Mummery QC and Heather Sargent explain why.

Disability benefits, "income" and affordability

Nov 01, 2019
The Court of Appeal has provided clarification about the status of disability benefits in affordability cases, writes Matt Lewin.

Public procurement with SMEs and the mafia

Nov 01, 2019
A recent judgment of the Court of Justice of the European Union should act as a reminder of the importance of adapting procurement to the needs of SMEs, writes Anja Beriro.

The public/private joint venture – why do they succeed?

Nov 01, 2019
Anthony Vittadini highlights some of the keys to success when implementing public/private joint ventures and those involving property in particular.

GDPR, class actions and the right to compensation

Nov 01, 2019
The Court of Appeal recently overturned a High Court ruling and found that a claimant could serve an out of jurisdiction application against Google as part of a class action. Ibrahim Hasan examines the judgment.

NHS trusts and the duty of candour

Nov 01, 2019
The Care Quality Commission (CQC) recently decided not to pursue a duty of candour case against an NHS trust due to a lack of evidence. Sarah Knight looks at the lessons to be learned.

Whistleblowing: reasonable belief in public interest?

Nov 01, 2019
Alastair Currie looks at the question of when it could be said that an employee’s belief that a disclosure is in the public interest is reasonable within the meaning of whistleblowing legislation.

Retrofitting social housing

Oct 29, 2019
Retrofit social housing is crucial to meet zero net emission targets. Nathan Bradberry explains what this opportunity involves for local authorities and registered providers.

Councils managing stock owned by registered providers

Oct 29, 2019
Would it make sense for councils to manage registered providers' stock? Jonathan Jarvis looks at the opportunities presented by such arrangements, and explains how the hurdles can be overcome.

Housing case law update: personal circumstances, time limits for appealing financial penalties, and transferring HMO licences

Oct 29, 2019
Charlotte Rawson and Ian Larkins provide an update on the latest housing law judgments that cover issues including a council's failure properly to consider a homeless man's medical conditions, the time limits for appealing financial penalties imposed under the Housing Act 2004, and whether an HMO licence can be transferred.

The PSED and claims for possession

Oct 29, 2019
John Murray considers a recent case in which a court scrutinised an alleged breach of the Public Sector Equality Duty in the context of a claim for possession.

Private landlords, electrical safety standard and implied terms

Oct 29, 2019
The path has been set for a new implied term that electrical safety standards are met. Elizabeth England sets out how the provisions will apply to private landlords and most private registered providers of accommodation.

The link between planning and HMO licensing

Oct 29, 2019
David Smith comments on a recent change made to the Government's guidance for local housing authorities on houses in multiple occupation (HMOs), concerning the relationship between licensing and planning.

Government automated-decision making

Oct 25, 2019
Robin Allen QC and Dee Masters, who run the www.ai-lawhub.com and tweet at @AILawHub, summarise the main points from their recent report on artificial intelligence and automated decision-making in government, warning that some local authorities could be acting in a discriminatory way.

Appeals after the Rosewell Review

Oct 25, 2019
Nagla Stevens considers the new accelerated procedure for appeals against the refusal or non-determination of planning applications.

Leases, outdoor advertising and concessions

Oct 25, 2019
The Court of Appeal recently rejected a legal challenge to a London borough’s award of leases for land on which structures that support large digital advertising screens are situated. Mari Roberts explains why.

Transgenderism and chosen pronouns

Oct 25, 2019
A Christian doctor was recently dismissed for refusing to address transgender patients by their chosen pronoun. Nadjia Zychowicz reports on the Employment Tribunal’s subsequent ruling.

Fluctuating capacity: decisions on the management of diabetes

Oct 25, 2019
Hope Davis-McCallion examines how the Court of Protection approached deciding whether a woman had capacity to make decisions about the management of her diabetes.

Public law children cases: limits to the role of Cafcass

Oct 25, 2019
The High Court has recently considered the parameters of Cafcass' functions, and a dispute between German nationals over the mother's move to the UK to live permanently. Georgina Dalton analyses the rulings.
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