Delivering successful regeneration through joint ventures

May 20, 2022
Joint ventures can provide local authorities with the means to work with a private sector partner to successfully develop or regenerate land, while securing a financial return. Dan Hargreaves and Andrew Millar outline potential joint venture models, the opportunities for both the private and public sector, and key considerations before entering an agreement.

The Procurement Bill – a first look

May 20, 2022
The first draft of the new Procurement Bill was published on 11 May. Jorren Knibbe considers some key provisions.

Building systems

May 20, 2022
James Arrowsmith looks at the lessons to be learned from a recent report on integrated Local Health Systems produced by the All-Party Parliamentary Group on Local Government.

Challenging housing decisions in care proceedings

May 20, 2022
Giles Pengelly reviews recent cases where housing issues became relevant to care proceedings.

Draft MCA Code of Practice – first thoughts on the MCA updates

May 20, 2022
Lawyers at Hill Dickinson outline key elements of the draft Mental Capacity Act Code of Practice.

The Data Reform Bill

May 20, 2022
Ahead of publication of the Data Reform Bill, Ibrahim Hasan sets out the changes can we expect to the UK GDPR.
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Green lease terms: Court’s approach on 1954 Act renewal

May 20, 2022
How will the courts approach green lease terms in lease renewal proceedings brought under the Landlord and Tenant Act 1954? Lewis Couth and Paul Laverty looks at the lessons from a recent ruling.

Public law children case update: May 2022

May 20, 2022
Jaime Turner analyses the latest rulings in public law children proceedings, including a ruling on the adequacy of a judgment.

Levelling Up and Regeneration Bill – how is the planning system changing?

May 16, 2022
Bob Pritchard picks out key elements of the explanatory notes to the Levelling Up and Regeneration Bill to see what changes are in store for the planning system.

Challenges to local election results

May 13, 2022
Jonathan Auburn QC and Mark Thornton consider the process for challenges to local election results under the Representation of the People Act 1983.

The 2022 May elections – for Governance what next?

May 13, 2022
Paul Feild looks at the governance lessons to be learned from the elections last week at two London boroughs.

Buying data and technology services

May 13, 2022
David Baines and Caroline Lorkin examine new guidance and a model contract for public sector bodies buying complex data and technology services.

Parents with autism in children proceedings

May 13, 2022
Kristine Lidgerwood sets out some important considerations when parents with autism are involved in care proceedings.

Mental Health Act reform – draft legislation now announced

May 13, 2022
In the Queen’s Speech this week, it was announced that draft legislation would be brought forward to reform the Mental Health Act in England and Wales. Alex Ruck Keene looks at what we know so far.

S106 agreements and contributions to healthcare services

May 13, 2022
The High Court recently dismissed a legal challenge to a council’s approach to requests for cash contributions to healthcare services. Saira Kabir Sheikh QC and Michael Brendan Brett analyse the ruling.

Refurbishment and Retrofitting: In with the old, out with the new!

May 12, 2022
Sharpe Pritchard analyse the challenge of decarbonising the construction sector.

Off into the Somerset

May 06, 2022
The President of the Family Division has issued new guidance on remedying breaches of the Adoption Agency Regulations 2005. Jess Purchase sets out the key points.

Data breach litigation — more useful High Court guidance

May 06, 2022
The High Court has provided further guidance on two important issues in data breach claims, writes Peter Wake.

Discharging patients into care homes at the start of the pandemic

May 06, 2022
A challenge to a Government policy of discharging hospital patients to care homes at the start of pandemic has been partly upheld. Dominic Ruck Keene analyses the judgment.

Cyber Security Breaches Survey 2022

May 06, 2022
Ibrahim Hasan sets out what data protection officers need to know about cyber breaches.

The role of local government and the UK EV Infrastructure Strategy

May 06, 2022
Jasmine Shokar considers the part local authorities will play in delivering the Government's UK Electric Vehicle Infrastructure Strategy.

Permission for Holocaust Memorial quashed

May 06, 2022
Planning permission for a Holocaust Memorial and Learning Centre next to Parliament has been quashed by the High Court. Douglas Edwards QC, Meyric Lewis, Charles Streeten and Kate Olley explain why.

The Supreme Court finds voter ID pilots lawful

May 04, 2022
The Supreme Court has upheld a finding that Voter ID pilots were lawful. Emily MacKenzie analyses the ruling.

A room with a view

May 03, 2022
Andrew Latham, Serena Patel and Lauren Danks set out some legal considerations for landlords regarding the use of Ring cameras and other domestic CCTV.

Public funding compliance to change as Subsidy Control Act 2022 receives Royal Assent

Apr 29, 2022
Jonathan Branton, Alexander Rose and Alex Eaton identify the main elements of the Subsidy Control Act 2022 and explain how this step will change the award of subsidies across the United Kingdom in the future.

Top Tips for Local Authority Lawyers advising on Data Protection Matters

Apr 29, 2022
Charlotte Smith and Hannah Peto set out some of their top tips to consider when advising on data protection matters.

The Cost of Freedom of Information – The Council’s Failure to Advise

Apr 29, 2022
Charlotte Smith and Nadia Ahmed summarise the case and judgement of Moss v Royal Borough of Kingston-upon-Thames and another (NJ/2018/007).

Children law cases and parents with learning disabilities

Apr 29, 2022
Eleanor Suthern reports on a recent Family Court ruling where a judge considered the international elements of the case and also gave guidance on proceedings involving a parent with a learning disability.

Determining the suitability of accommodation to a homeless applicant with ‘protected characteristics’

Apr 29, 2022
A recent Court of Appeal judgment has outlined how far a local authority has to go to in its inquiries to determine the suitability of accommodation to a homeless applicant with ‘protected characteristics’ of disability and gender reassignment. Melanie Dirom examines the ruling.

First Homes and registered providers

Apr 29, 2022
How will the First Homes scheme impact registered providers? Sarah Waite, Suzanne Smith and Jennifer Eng explain.

Witness Statements – their purpose & strike out of all/part

Apr 29, 2022
Andrew Lane looks at a recent ruling that set out the principles and law involved when seeking to strike out all or parts of witness statement.

Book review: Housing Allocation and Homelessness Law and Practice Sixth Edition

Apr 26, 2022
LACAP 2020 160 v2
Housing Allocation and Homelessness Law and Practice sets out the legal obligations of local housing authorities when allocating social housing and assisting those who are homeless. Jennifer Phillips considers the sixth edition of the text, published earlier this year (January 2022).

The £2.6bn UK Shared Prosperity Fund is launched

Apr 22, 2022
Jonathan Branton, Alexander Rose and Alex Eaton discuss the key aspects of the UK Shared Property Fund, including the requirements which fall on the public bodies administering UKSPF, such as the obligation to demonstrate they have "capacity and capability" to manage Subsidy Control and Public Procurement law compliance when submitting UKSPF investment plans.

The validity of tenancies granted by fraudulent employees

Apr 22, 2022
Clare Jones examines the outcome of a recent case where housing trust employees had fraudulently granted tenancies to new tenants without following the landlord's usual allocation policies.

Reforms to the system of challenging procurements

Apr 22, 2022
Melanie Pears and Tim Care look at what remains of the Government's proposals for changing the regulations enabling a challenge to a procurement decision.

PD 57AC – further guidance and sanctions

Apr 22, 2022
Marion Smith QC, Joe-han Ho, Ruth Keating and Philippe Kuhn set out the lessons to be learned from the latest ruling in relation to PD 57AC.

Public Sector Outsourcing Survival Guide - what you need to know about the Sourcing Playbook

Apr 21, 2022
Simon Harris, Robert Breedon and Alexi Markham of Gowling WLG discuss the third annual refresh of the Outsourcing Playbook V2.0, Sourcing Playbook.

Public law children case update: April 2022

Apr 21, 2022
Jaime Turner analyses the latest judgments in public law children proceedings.

Referrals of subsidies to the Competition and Markets Authority

Apr 14, 2022
The Government is consulting on which subsidies should be subject to greater scrutiny by notifications to the Competition & Markets Authority. Jonathan Branton, Alexander Rose and Alex Eaton examine the proposals.

Transforming Public Procurement—What's the future of public procurement policy in the UK?

Apr 14, 2022
John Houlden of Burges Salmon provides detail on the likely future of procurement policy; procurement routes; bid challenges; and management of publicly procured contracts.

SEND Review – right support, right place, right time

Apr 14, 2022
Richard Freeth considers the implications for local authorities of the Government's SEND Review.

What’s in a name? Changing street names

Apr 14, 2022
Richard Harwood QC looks at the thorny issues that arise when it comes to renaming streets.

HRA damages claims and extensions of time

Apr 14, 2022
A council has successfully resisted an application to extend time for service of Particulars of Claim in a Human Rights Act 1998 and common law claim against social services. Katie Ayres explains how.

Securing educational provision and accommodation for children with complex needs

Apr 14, 2022
The High Court recently granted six mandatory orders against a local authority for “serious and substantial” breaches of duty to a vulnerable 15-year-old child. Gráinne Mellon explains why.

The Mental Capacity Act/Liberty Protection Safeguards Consultation

Apr 14, 2022
Practitioners should take note of the changes to the MCA Code of Practice already in force, writes Jonathan Landau.

Ask the Author

Apr 13, 2022
Rob Hann Photoshop
These are frequently asked questions to Rob Hann from colleagues in Local Government via the Sharpe Pritchard ‘Ask-the-Author' facility concerning the subject matter of his books on local authority companies, partnerships, charging and trading.

Why the minister was right

Apr 08, 2022
The Minister for Equalities and Levelling Up's response to the Committee on Standards in Public Life's report on Local Government Ethical Standards is right, argues Paul Feild.

Levelling Up Fund: Round 2 launched

Apr 08, 2022
The UK Government has launched the second round of the £4.8bn Levelling Up Fund, inviting applications for funding from Local Government bodies by midday on 6 July 2022. Jonathan Branton, Alexander Rose and Alex Eaton focus on the key aspects of the Fund, including how local authorities can improve their chances of securing funding.

Accelerating decarbonisation through public procurement

Apr 08, 2022
Lawyers at DWF discuss the lessons that can be learnt from the approaches taken by various Government bodies in the UK to decarbonise public procurement including the use and implementation of Carbon Reduction Plans, contractual arrangements forming part of the procurement process and social value as a means of achieving decarbonisation.

New US-EU data transfer announcement: time to celebrate?

Apr 08, 2022
On 25 March 2022, the European Commission and the United States announced that they have agreed in principle on a new Trans-Atlantic Data Privacy Framework. Ibrahim Hasan looks at its potential impact.

Grant of planning permission does not guarantee modification of a restrictive covenant (Collins and another v Howell and another)

Apr 07, 2022
Gemma Duncan and Sydney Chandler analyse and consider the practical implications of the Collins and another v Howell and another case as part of a Planning analysis.

A call to review public contracts with Russian suppliers

Apr 05, 2022
Juli Lau and Gonzalo Puertas discuss the first official document to consider public sector contracts with companies linked to the Russian and Belarusian state regimes, issued by the Cabinet Office.

A New NEC Option to tackle greenwashing in the construction industry

Apr 05, 2022
Allan Owen and Sophie Drysdale discuss 'greenwashing' in the construction industry and a new secondary option clause X29 for its NEC4 suite of contracts developed by NEC.

The Pathway to the Future – The Road Map for Employment Tribunals

Apr 05, 2022
David Leach discusses and outlines the road map of the planned changes for modernising the Tribunals in 2022 and 2023 released by The Presidents of the Employment Tribunals.

The Social Housing White Paper and draft legislation

Apr 04, 2022
Ministers have released draft legislation aimed at delivering reforms promised in the Social Housing White Paper. John Murray sets out the key measures.

Injustice versus prejudice and the importance of timeliness

Apr 04, 2022
The High Court recently dismissed an application for damages under the Human Rights Act 1998, which had been commenced outside the statutory limitation period. Emelia Bezant-Gahan and Tom Lambourne report on the outcome of a claim that a council had unlawfully made the claimant street homeless.

Section 106 agreements and the White Paper

Apr 04, 2022
What do reforms that propose replacing Section 106 agreements with a National Infrastructure Levy mean for registered providers? Alex Jones explains.

Social housing and data breaches

Apr 04, 2022
Do you know what to do if your housing association has a data breach? Clare Paterson explores the risks of a data breach in social housing, and how you can reduce and manage those risks.
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