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Should I stay or should I go?

Jul 15, 2020
James Castle considers whether the automatic stay on possessions imposed by CPR PD 51Z applies to appeals to possession orders in the light of the Court of Appeal decision in London Borough of Hackney v Okoro [2020] EWCA Civ 681.

Variation and Enforcement of s106 Obligations – Part 4: Enforcing by way of injunction

Jul 14, 2020
In the fourth article in a series by a group of Landmark barristers on the subject of the variation and enforcement of s106 obligations, James Maurici QC, Kate Olley, Heather Sargent, Matthew Henderson and Nick Grant explore the law on enforcing s106 obligations by way of injunction.

The rules for independence day...and beyond

Jul 10, 2020
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.

Localism Act power does not enable a local authority to provide health services

Jul 10, 2020
In a recent judgment, The Hon. Mr Justice Mostyn described a claim that a local authority could provide tracheostomy care for a child pursuant to the general power of competence in s. 1 of the Localism Act 2011 as ‘misconceived’. Christine Cooper summarises the judgment.

The reality of buying AI

Jul 10, 2020
Gemma Nash and Matthew Mo consider the implications of the government's new Guidelines for Artificial Intelligence Procurement.

Phased Planning Permissions and the Self-Build Exemption

Jul 10, 2020
Christopher Cant looks at a thorny issue for developers and local authorities alike.
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Another Judicial Slap on the Virtual Hand

Jul 09, 2020
John Pugh-Smith offers a cautionary tale for parties that fail to keep the Court in the loop when settlng a planning dispute.

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

Jul 09, 2020
Tara Leary looks at what legal powers local authorities will have to deal with rough sleepers once lockdown ends.

The weight placed on local authority age assessments

Jul 03, 2020
An Upper Tribunal judge recently placed only limited weight placed on a local authority age assessment, and also provided guidance as to the reliability of social media evidence. Siân Davies sets out the key points from the ruling.

Neighbourhood planning ... where to now in this brave new world?

Jul 03, 2020
Two recent court decisions should be welcomed by neighbourhood planners and local planning authorities, writes Peter Edwards.

Breaches of PSPOs and reasonable belief

Jul 03, 2020
Kuljit Bhogal reports on an important High Court ruling on breaches of Public Spaces Protection Orders.

Children case law update: Assessments of risk of FGM, and hybrid contested hearings

Jul 03, 2020
Georgina Dalton reviews recent childcare rulings in relation to the family courts and previous assessments of risk of FGM, and on competing Article 6 and Article 8 rights in a hybrid contested hearing.

Amendments in procurement disputes

Jul 03, 2020
The High Court has adopted a permissive approach to amendments in a procurement dispute, write Emily Heard and Kyle Duggan.

COVID-19 - Code of principles on commercial leases

Jul 03, 2020
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.

Planning Court clarifies the approach to flooding and policy compliance

Jul 03, 2020
In the Planning Court Mr Justice Dove recently considered the reliance on Strategic Flood Risk Assessments (“SFRA”) when applying the sequential test under national policy; and reaffirmed the approach that ought to be taken when assessing policy compliance. Richard Harwood QC and Stephanie David analyse the outcome.

Unincorporated bodies and assets of community value

Jul 02, 2020
Christopher Cant considers the issues around whether groups making nominations of property as Assets of Community Value are unincorporated bodies or not.

New guidance for statutory intervention & inspection

Jul 02, 2020
In light of recent issues regarding the financial struggles of local authorities, Mark Heath looks at the new guidance for managing intervention and inspection.

Airbnb, Booking.com etc - can a tenant use their premises for such short term occupation?

Jul 02, 2020
Andy Lane considers a recent case in the Upper Tribunal concerning the use of short-term occupation sites such as Airbnb.

No5 Barristers' Chambers Planning Podcast - Episode 9 - Infrastructure

Jun 30, 2020
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.

The LLG Grapevine 29th June

Jun 29, 2020
Deborah Evans, Dennis Hall and Helen McGrath discuss home working, planning permission, local lock-downs, data protection and the Business and Planning Bill.

Housing case law update - June 2020

Jun 29, 2020
Daniel Skinner and Natalie Hurst examine the latest housing-related cases in the Court of Appeal, High Court and Upper Tribunal.

Gas safety certificates and possession proceedings

Jun 29, 2020
Sarah Salmon examines an important Court of Appeal ruling on section 21 notices and the service of relevant gas safety records.

The section 188(1) duty and the Homelessness Reduction Act

Jun 29, 2020
Toby Vanhegan looks at a recent High Court ruling on amendents introduced by the Homelessness Reduction Act 2017.

Disrepair during COVID-19

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

The COVID-19 “New Deal”​

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

Private registered providers and the EIRs

Jun 29, 2020
The Upper Tribunal has confirmed private registered providers are not subject to the Environmental Information Regulations. Kate Dimes Letters and Andrew Latham look at the key points of the ruling.

Income-strip and housing supply

Jun 29, 2020
When it comes to boosting housing supply, is income-strip a potential solution? Paul McDermott looks at the advantages.

Variation and enforcement of s.106 – Part 3: relationship to s.73 TCPA

Jun 26, 2020
In the third in a series of articles by barristers at Landmark Chambers on varying s.106 obligations, Matthew Henderson looks at the relationship to s. 73 of the Town and Country Planning Act 1990.

Local government contracts and the ultra vires doctrine

Jun 26, 2020
In the light of the recent school facility management case invoving the Isle of Wight Council, Rob Hann takes a look at the weapons now available to local government to avoid the ‘horrors’ of ultra vires.

Ch-ch-ch-ch-changes - a practical checklist for varying public sector agreements

Jun 26, 2020
How should you go about varying agreements? Kieran McGaughey provides a practical checklist.

The right to lobby councillors: Holborn Studios 2

Jun 26, 2020
A High Court judge recently considered the right of local councillors to receive correspondence from the public and to consider it when making decisions. Richard Harwood QC analyses the outcome.

Child protection, diplomatic immunity and human rights

Jun 26, 2020
Hannah Whitehouse summarises two recent decisions by a High Court judge in relation to diplomatic immunity and public law children proceedings that are likely to be significant and have wide-reaching ramifications.

How to (lawfully) rename streets and remove statues

Jun 26, 2020
Ruchi Parekh highlights the relevant legal framework and some of the issues that councils will need to consider before amending their street names or removing statues.

Asking employees to re-apply for their old jobs

Jun 26, 2020
Can an employer ask a redundant employee to apply for their old job? Mark Stevens examines a recent Employment Appeal Tribunal (EAT) ruling.

COVID-19 & RIDDOR for care providers

Jun 26, 2020
Edward Sainsbury and Peter James consider when and when not to report in relation to COVID-19 and RIDDOR.

Site allocation plans and Green Belt release

Jun 26, 2020
A Planning Court judge recently allowed a legal challenge to the Leeds Site Allocations Plan. Jenny Wigley explains why.

Planning Enforcement Orders: law and practice

Jun 25, 2020
Joe Cannon and Alex Williams provide practical tips for LPA investigators and lawyers seeking to give themselves the edge in court proceedings.

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

Jun 25, 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.

Homelessness and COVID-19

Jun 24, 2020
Catherine Rowlands, Andy Lane and Tara O'Leary consider the impact of the pandemic on homelessness with a focus on the rough sleeper initiative, the issues of priority need, intentionality and homelessness/threatened with homelessness, and the issues faced by front-line officers investigating cases and securing information.

Guide to the law on police pensions

Jun 24, 2020
In this 8-part podcast series, hosts David Lock QC and Samantha Broadfoot QC present an in-depth guide to the law on police pensions.

Public law update: relinquished babies

Jun 22, 2020
In this family law webinar, Michael Jones gives a public law update on babies relinquished for adoption.

GDPR 2 years on - lessons learned and practical tips for compliance

Jun 22, 2020
In this webinar, the Cornerstone Information Law team discuss the main GDPR issues that organisations have encountered and give practical tips on compliance, particularly in the context of the COVID-19 pandemic.

The First-tier Tribunal (Property Chamber) - practice and procedure

Jun 19, 2020
This Property Disputes guidance note from LexisNexis provides comprehensive and up to date legal information covering the jurisdiction, practice and procedure of the First-tier Tribunal (Property Chamber).

Access to viability assessments: Holborn Studios 2

Jun 19, 2020
In the first of two articles Richard Harwood QC considers what the Planning Court had to say about the public's right of access to viability assessments.

Varying s106 obligations Part 2: S106B appeals

Jun 19, 2020
In the second in a series of articles from Landmark Chambers on the subject of the variation and enforcement of s106 obligations, James Maurici QC considers s106B appeals in relation to variations and discharge.

Requests for care pending assessment

Jun 19, 2020
A recent judgment is extremely significant for local authorities considering requests to provide care pending assessments or reassessments of needs, writes Arianna Kelly.

Pensions: the employer’s duty to inform its employees

Jun 19, 2020
Police Scotland was found to have failed to inform an employee of important changes to their pension scheme in a recent Pension Ombudsman case which shed light on the employer's duty of care to its employees. Alice Kinder outlines the judgment.

COVID-19 changes to SEN duties

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

The Court of Protection, injunctions and persons unknown

Jun 19, 2020
The Court of Protection team at 39 Essex Chambers summarises a case where men were attending the placement of a young woman with austism spectrum disorder and having sexual relations with her.

Coronavirus and the duty to house

Jun 18, 2020
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.

A practical guide to giving evidence at planning inquiries

Jun 18, 2020
In this webinar, Edward Grant, Emmaline Lambert and Isabella Buono explain the duties of expert witnesses, how to prepare an effective proof of evidence and how to give effective oral evidence.

How to deal with Subject Access Requests during the coronavirus pandemic

Jun 16, 2020
Do you still have to comply with subject access requests and freedom of information requests during the coronavirus pandemic? Vicki Bowles provides practical guidance and steps on how to deal with such requests.

No5 Barristers' Chambers Planning Podcast - Episode 8 - Local Plans: Part 1

Jun 15, 2020
In this edition, Richard Kimblin QC, Ian Kemp and Thea Osmund-Smith outline virtual hearings and legal bear traps involved in local plans and their examination.

The LLG Grapevine 15th June

Jun 15, 2020
Deborah Evans, Dennis Hall and Helen McGrath of LLG discuss legal considerations pertaining to the removal of statutes, the draft Model Code of Conduct, the 4th Health Amendment Regulations, procurement - fraud and corruption, PFI assets and contracts, challenges for women lawyers, virtual court hearings and housing possessions.

Quick guide to landlord’s remedies for breach of lease

Jun 12, 2020
The following property disputes guidance note from LexisNexis provides comprehensive and up to date legal information for commercial landlords.

Varying a s106 obligation

Jun 12, 2020
In the first in a series of articles to be published by a group of Landmark barristers over the coming weeks, Kate Olley looks at the variation and enforcement of s106 obligations.

The End of PFI or… a new dawn for local authority infrastructure investment?

Jun 12, 2020
Rob Hann assesses new guidance from the National Audit Office for public bodies as PFI contracts start coming to an end, and looks at what the future holds for local authority investment.

Time limits for tender challenges

Jun 12, 2020
Rhodri Williams QC examines a recent High Court ruling on the test for extending time to bring a public procurement challenge.

Childcare proceedings and autistic parents

Jun 12, 2020
A recent judgment incorporated a useful overview of how best to approach cases involving a parent with Autistic Spectrum Disorder and the reasonable adjustments which may need to be made, writes Anna Sutcliffe.

A lesson in legal alchemy

Jun 12, 2020
A CAAD appeal relating to 135 homes was recently dismissed as inappropriate development in the Green Belt. James Pereira QC and Daisy Noble explain why.
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