Calling off under framework agreements

Aug 12, 2022
Joseph Barrett and Raphael Hogarth set out the key points from a landmark procurement case on the use of framework agreements, in which the High Court judge made an order shortening the contract for what is thought to be the first time in this jurisdiction.

Net Zero: the Good Law Project continue to turn up the heat on the government

Aug 12, 2022
The Good Law Project (“GLP”) continues to challenge the actions of the Government with another successful case in the High Court last week, writes Juli Lau.

Greater flexibility for local authorities in age assessments

Aug 12, 2022
Joshua Swirsky sets out the lessons for local authorities from a High Court challenge on eight grounds to the lawfulness of a council's short-form age assessment of a young Sudanese refugee.

Appealing review decisions of the SEN Tribunal for Wales

Aug 12, 2022
The Upper Tribunal has confirmed appeals can be brought against review decisions of the SEN Tribunal for Wales. Matthew Wyard analyses the ruling.

Nutrients Fixes

Aug 12, 2022
Roy Pinnock and Sophie Pinault examine the Government's proposals for addressing the issue of nutrient neutrality.

Breach of condition notices and the public sector equality duty

Aug 12, 2022
A High Court judge recently dismissed a judicial review challenge over a council’s decision to issue a Breach of Condition Notice. Roderick Morton explains why.
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"New buildings" and substantial completeness

Aug 12, 2022
A judge has ruled in favour of the Government in a challenge to an enforcement appeal decision. Freddie Humphreys sets out why.

“True value” adjudications and subsequent “smash and grab” adjudications

Aug 10, 2022
Michael Comba and Victoria Okafor summarise the case of Bexheat Ltd v Essex Services Group Ltd [2022] EWHC 936 (TCC) (19 April 2022).

Latest on what lies ahead for data in health and social care

Aug 05, 2022
Darryn Hale, David Hill and Sophie Devlin look at what lies ahead for data in health and social care.

Deprivations of liberty of English children in Scotland: latest developments

Aug 05, 2022
Justin Gray considers new deprivation of liberty provisions in relation to English children placed in Scotland.

Pre-procurement planning

Aug 05, 2022
Ikra Saghir highlights the importance of early market engagement in pre-procurement planning.

Holiday pay and pensions

Aug 05, 2022
Doug Mullen and Billy Richards consider the pensions implications of a recent Supreme Court holiday pay case.

Anything but Neutral – Nutrient Budgets & Wyatt v Fareham Borough Council

Aug 04, 2022
Roy Pinnock and Sophie Pinault assess the implications of a recent decision on nutrient neutrality and planning.

Transforming Public Procurement – "our transparency ambition”

Aug 04, 2022
Sophie Mcfie-Hyland asks whether changes to the "transparency" requirements of the new public procurement regime will prove beneficial or burdensome for contracting authorities.

The High Court’s approach to cladding claims

Aug 04, 2022
Judith Hopper and William Cursham analyse a recent ruling where a High Court judge awarded a housing association substantial damages in a claim relating to defective cladding.

HMOs and 'dwellinghouses'

Aug 04, 2022
Are small HMOs (Use Class C4) and large HMOs a dwellinghouse? Brendon Lee looks at the lessons from a recent High Court ruling.

Housing authority acquisitions policies

Aug 04, 2022
The Court of Appeal has recently ruled that a local housing authority failed to comply with its own acquisitions policy. Stathis Kosteletos, Clive Adams and Jonathan Hulley examine the ruling.

Housing case law update – July-August 2022

Aug 04, 2022
Karen Smith, Catherine Craven and Emily Howe round up the latest housing law judgments of interest to local authorities and housing associations.

Consumer Regulation Review 2021-22: key lessons

Aug 04, 2022
Melanie Dirom examines the Regulator of Social Housing’s (RSH) recently published annual Consumer Regulation Review for 2021-22.

Reasonable costs and the AHAS guidance

Jul 29, 2022
The Royal Borough of Kingston upon Thames recently overturned a County Court decision on a statutory appeal pursuant to the Housing Act 1996, s. 204. Nick Grundy QC and Victoria Osler, who appeared for the council, analyse the ruling.

The impending termination of PFI contracts

Jul 29, 2022
Michael Mousdale sets out what authorities should be doing now to prepare for the expiry of PFI deals.

Further (Mc)Clouds on the horizon in public sector pensions

Jul 29, 2022
Doug Mullen considers the likely impact of a pensions legal challenge being brought by the Fire Brigades Union (FBU) and the British Medical Association (BMA).

Holiday entitlement and pay for atypical working arrangements: Harpur Trust v Brazel [2022] UKSC 21

Jul 28, 2022
Julie Bann and David Leach analyse a landmark Supreme Court ruling on holiday entitlement and pay for atypical working arrangements.

The government’s Procurement Bill - its impact on challenges and remedies for suppliers and public authorities

Jul 28, 2022
Jeremy Sharman and Russell Williamson take a look at the Government’s Procurement Bill and its impact on challenges and remedies for suppliers and public authorities.

Gold Standard Framework – seven months on

Jul 27, 2022
Seven months ago, the Independent Review of Public Sector Construction Frameworks was published. Zoe Stollard looks at the progress made since then.

UK Emission Trading Scheme to include waste incineration installations

Jul 26, 2022
Steve Gummer and Gonzalo Puertas take a look at the UK Emission Trading Scheme and new decisions on waste incineration.

Signet Trading Limited v First Property Group – First Award under the Commercial Rent (Coronavirus) Act 2022 Scheme

Jul 26, 2022
Joe Walker and James Nelson outline and analyse the first award under the Commercial Rent (Coronavirus) Act 2022 Scheme.

Transforming the way we produce population statistics

Jul 25, 2022
Jen Woolford explains how the ONS is using a variety of data sources to provide more frequent, inclusive, and timely statistics to allow us to understand population change in local areas this year and beyond.

Private hire apps are legal: R (UTAG) v TfL & Transopco UK Ltd

Jul 22, 2022
Philip Kolvin QC and Ronnie Dennis analyse an important Court of Appeal ruling on the lawfulness of Transport for London's decision to grant the company behind FREE NOW a London PHV operator's licence.

Procurement reforms – implications for procurement challenges and remedies

Jul 22, 2022
Colin Ricciardello considers the implications for procurement challenges and remedies arising out of the Government's procurement reforms.

Contractual costs and forfeiture clauses (Mayor and Burgesses of the Tower Hamlets London Borough Council v Khan)

Jul 22, 2022
Robyn Cunningham analyses a property dispute on the application of a common lease clause, entitling a landlord to recover legal costs that are ‘incidental to the preparation and service’ of forfeiture notices.

Local authority land deals – unlocking regeneration opportunities

Jul 22, 2022
Lucy Doran looks at the role land deals can play in maximising local authority assets and delivering regeneration.

Targeted provision of social housing

Jul 22, 2022
Are housing associations able to make targeted provisions to meet the needs of minority groups and refuse to offer housing to certain applicants? John Murray examines a recent European Court of Human Rights ruling.

The new Right to Buy for housing association tenants

Jul 22, 2022
Richard Stirk considers the new right to buy for housing association tenants and how this could impact your housing association.

High Court considers live/work

Jul 22, 2022
Myriam Stacey QC and Nick Grant analyse a recent High Court ruling on a 'live / work' user clause.

How developers can prepare now for the Building Safety Act: Part 1 of 3

Jul 22, 2022
In the first part in their series of articles on the Building Safety Act 2022, Ian Hardman and Amber Wright look at steps that can be taken to prepare.

Local Authority Insight Series: Regime change - the Liberty Protection Safeguards - LexisNexis

Jul 18, 2022
LexisNexis take a look at how the new Liberty Protection Safeguards work in practice when they replace the Deprivations of Liberty Safeguards (DOLS)

A timely reminder...

Jul 15, 2022
A recently upheld Local Government & Social Care Ombudsman complaint by a parent has reinforced the need for schools to review the quality of services offered by external organisations and local authorities in arranging Admission Appeal Hearings.

Covid 19 & Health & Safety Dismissals

Jul 15, 2022
There have been a number of first instance decisions which have looked at health and safety dismissals relating to Covid 19. Peter Doughty looks for the emerging themes.

A New GDPR Fine and a New ICO Enforcement Approach

Jul 15, 2022
Ibrahim Hasan looks at some recent fines issued to public bodies by the ICO and analyses what they show about the Commissoner's approach to enforcement.

Judicial Review against grant of 110 social homes dismissed

Jul 15, 2022
Lewisham Council has successfully resisted a challenge to the building of 110 social homes in the borough. Saira Kabir Sheikh QC and Charles Merrett report.

Another bite at the cherry

Jul 15, 2022
Roderick Morton reports on a case involving the application of s174(2A) and (2B) TCPA 1990 as considered in Manchester City Council vs SSLUHC and Kousar [2022] EWHC 1062 Admin.

Relationship between limitation act and scheme for construction contracts

Jul 15, 2022
David Owens and Natasha Barlow look at the implications of Hirst & Another v Dunbar & Others [2022] EWHC 41 (TCC)

A taxing question

Jul 15, 2022
Is the provision of sports and leisure facilities by a local authority a business activity for VAT purposes?

High Court concludes suspension ought to be lifted in National Lottery challenge

Jul 15, 2022
The High Court recently delivered a preliminary judgment in linked claims concerning the lawfulness of the recently completed competition for the licence to operate the National Lottery from 2024 onwards. Helen Davies QC and Malcom Birdling assess the implications.

An uplifting judgment

Jul 14, 2022
The Court of Appeal has held that general damages for breach of a repairing covenant are subject to the Simmons v. Castle 10% uplift, writes Toby Vanhegan.

To plead the EQA 2010, or not to plead the EQA 2010 - that was the question.

Jul 14, 2022
The Upper Appeal Tribunal considers the interplay between the Children and Families Act 2014 and the Equality Act 2010 in the provision of SEN provision. Andrew Cullen looks at the result.

Adequate alternative remedies in judicial review

Jul 14, 2022
Jonathan Auburn QC and Mark Thornton consider recent developments in the case law on adequate alternative remedies in judicial review claims.

Everyone’s Business: Is Safeguarding Trendy?

Jul 13, 2022
This series by 39 Essex Chambers is a safeguarding podcast which explores interesting and unique perspectives in respect of safeguarding children and adults at risk.

Deprivations of liberty of 16-17 year olds and the streamlined procedure

Jul 08, 2022
How should the Court of Protection approach applications to authorise the deprivation of liberty of a 16 or 17 year old? And when is the streamlined procedure appropriate? Alex Ruck Keene looks at the current position.

MCA Code of Practice and personal welfare deputies

Jul 08, 2022
Rosie Campbell, Alex Rook and Victoria Butler-Cole QC look at what changes to the Mental Capacity Act 2005 Code of Practice mean for the appointment of personal welfare deputies.

Time for some feedback

Jul 08, 2022
Richard Brooks looks at the issues around providing feedback to bidders under the new Procurement Bill.

Special development orders, change of use and the public sector equality duty

Jul 08, 2022
The High Court has ruled that the Home Office’s Special Development Order granting itself permission for asylum accommodation was unlawful. Alex Goodman, Alex Shattock and Charles Bishop explain why.

Taxi drivers and inappropriate conversations

Jul 08, 2022
A driver who entered into inappropriate conversations with a child has lost his appeal against revocation of his private hire driver licence. Olivia Davies explains why.

Same difference?

Jul 07, 2022
Kimberley Hircock looks at the potential differences in approach between cases brought under the Children and Families Act 2014 and the Equality Act 2010 as highlighted in the recent RB v Calderdale MBC (SEN) decision.

An Introduction to the Building Safety Act 2022

Jul 07, 2022
The Building Safety Act 2022 (BSA) received Royal Assent in April 2022. Deborah Down outlines the main provisions.

Recovering legal costs from a tenant or from all the tenants?

Jul 07, 2022
Mark Warwick QC considers the principles to be taken from two recent cases for landlords who are looking to recover legal costs from an individual tenant, or from all the tenants via service charges.

Tenants and rent repayment orders

Jul 07, 2022
Should tenants be advised to remain in unlicensed HMOs to maximise rent repayment orders? Robin Stewart looks at the issues and discusses what local authorities should be telling tenants.

Renters’ reform

Jul 07, 2022
Mattie Green examines the key proposals in the “A Fairer Private Rented Sector” White Paper.

Article 2 inquest determination concerning Community Mental Health Services quashed

Jul 01, 2022
Dominic Ruck Keene outlines a case in which an article 2 inquest determination concerning Community Mental Health Services was quashed.
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