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Green for go?

Oct 22, 2021
Kieran McGaughey examines the Government's Net Zero Strategy and the inclusion of environmental factors in local authority procurements.

Menopausal symptoms and disability

Oct 22, 2021
The Employment Appeal Tribunal has given its first ruling on menopausal symptoms and disability in a case involving a city council. Jog Hundle considers the judgment.

Warm feelings or hot air: the Heat and Buildings Strategy and Heat Networks

Oct 22, 2021
This week the government published its Heat and Buildings Strategy (Strategy). This contained vital innovations and essential step changes in terms of how heating is provided, writes Steve Gummer.

Procurement reforms: update from Cabinet Office

Oct 22, 2021
Rob Hann, Nicola Sumner and Juli Lau assess the Cabinet Office's update on the progress of the government's public procurement reforms.

Mineral rights: mudstone in mid-Wales

Oct 22, 2021
Mark Wonnacott QC and Harriet Holmes examine an important Court of Appeal ruling on the law relating to mineral reservations.

Bond, Performance Bond. Delivering value for the Public Sector?

Oct 22, 2021
Justin Mendelle examines whether public sector clients achieve value for money from the provision of performance bonds.
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An overview of the legal framework for paying GP practices for premises costs

Oct 22, 2021
David Lock QC unpacks the changing model of delivering NHS primary services in the UK.

Fostering agencies and religious beliefs

Oct 22, 2021
The Court of Appeal has recently ruled on the legality of a fostering agency’s requirement that potential carers must be Christians. Natasha Isaac examines the case.

Build Back Greener: the Government's net zero strategy

Oct 22, 2021
The Government has published its environmental strategy outlining bold plans to support the UK economy to transition to a green and sustainable future, just days before it hosts the 2021 United Nations Climate Change Conference in Glasgow. Jonathan Branton and Alexander Rose consider some of the main points within the Net Zero Strategy, including how it could help position the UK as a leading economy in the Green Industrial Revolution.

Not so personal messages: R. (on the application of Good Law Project Ltd) v Secretary of State for Health and Social Care and Abingdon Health Plc [2021] EWHC 2595 (TCC)

Oct 22, 2021
Nicola Sumner, Juli Lau and Beth Edwards look at The Good Law Project's challenge of the direct award by the Secretary of State for Health and Social Care of three contracts for the production and supply of rapid Covid-19 antibody tests (the “Contracts”).

Procurement challenges, the automatic suspension and expedited trials

Oct 22, 2021
Madeleine Nankervis examines a recent procurement case where the High Court had to consider the defendant's application for the automatic suspension to be lifted and the claimant's application for an expedited trial.

Please, sir, I want some more

Oct 22, 2021
Ibrahim Hasan looks at the significant issues raised by the use of facial recognition in schools.

Local Authority Insight Series - the Liberty Protection Safeguards

Oct 15, 2021
ON-DEMAND WEBINAR: Alex Ruck-Keene and Emma Harrison look how the new Liberty Protection Safeguards will work in practice when they replace the Deprivations of Liberty Safeguards (DOLS) next year.

Parental responsibility: a short guide for local authority SEND teams

Oct 15, 2021
Grace-Mary Sweeney of LASEN explores the concept of parental responsibility, how it interacts with education law, and some practical implications for Local Authority SEND Teams.

Ransomware attacks: a practical guide to survival

Oct 15, 2021
Matthew Wyard addresses the risk of a ransomware attack and considers the practical steps that an organisation needs to take to survive such an event.

Subsidy control regime - enforcement

Oct 15, 2021
In the final article in a four-part series on subsidy control, David Owens and Trevor Watt examine the issue of enforcement.

Recovering commercial rent during the pandemic

Oct 15, 2021
Clare Hartley and Chloe Postlethwaite analyse the latest favourable ruling for landlords in relation to commercial rent recovery during Covid-19, a judgment that confirms landlords can currently still rely on the court route notwithstanding the UK Government’s plans for arbitration next year.

The Government consultation on flexible working

Oct 15, 2021
What could the Government's consultation on flexible working mean for employers? Zahra Gulamhusein explains.

Who examines the examiners?

Oct 14, 2021
Graeme Watson of Clyde & Co LLP considers the role of case examiners for the General Medical Council and the extent to which their decisions are open to challenge by disappointed patients.

Insolvency – Termination and Beyond

Oct 14, 2021
Rachel Murray-Smith and Clare Mendelle consider the potential warning signs of, and the compliant manner for dealing with, contractor insolvency.

Current challenges facing employers

Oct 13, 2021
Paula Kathrens and Debra Gers discuss the employment law issues that have arisen as a result of the need for Covid-19 secure workplaces, the complexities of the furlough scheme and challenges around new ways of working.

Planning for Protests

Oct 11, 2021
Tim Polli QC, Michael Buckpitt and Michael Walsh discuss the recent protests taking place across the country and how the courts approach applications for injunctions by landowners and public authorities.

Low traffic neighbourhoods

Oct 08, 2021
Philippa Jackson analyses the latest rulings in relation to low traffic neighbourhoods and what they mean for future legal challenges.

Harmful emissions and human rights duties

Oct 08, 2021
Stephen Tromans QC and Victoria Hutton consider a significant High Court ruling on the duties of the Environment Agency in relation to a landfill site.

Interim and final injunctions: the differences

Oct 08, 2021
Roderick Morton considers two injunction cases which neatly illustrate the differences between interim and final injunctions.

Subsidy Control - Referral to the Competition & Markets Authority

Oct 08, 2021
In the third article in a four-part series on subsidy control, Chris Harper and David Owens look at the role of the Competition and Markets Authority (CMA).

What now for public sector office buildings?

Oct 08, 2021
With the move to working from home, what will become of public sector office buildings? Amy Entwistle looks at the position in Scotland.

Capability and conduct dismissals

Oct 08, 2021
Can the Employment Tribunal “go behind' a final written warning? Madeleine Shields reports on a recent Employment Appeal Tribunal ruling.

List of issues

Oct 08, 2021
Peter Doughty looks at the lessons from a recent Employment Appeal Tribunal judgment around the list of issues.

The COVID-19 Inquiry: Preliminary thoughts on its scope and efficacy

Oct 07, 2021
Fiona Scolding QC, Christopher Jacobs, Carine Patry, Ben Fullbrook and Alex Goodman offer some preliminary thoughts on the scope of the public inquiry into the handling of the Covid-19 pandemic inquiry, scheduled to commence in 2022, focusing in particular on the inquiry’s “terms of reference”.

A commentary on the new powers in relation to quashing orders and abolition of the rule in Cart

Oct 07, 2021
David Lock QC, David Elvin QC and Richard Drabble QC look at the some of the potential consequences of the Judicial Review and Courts Bill.

Unregulated placements for children under 16

Oct 07, 2021
Can the High Court to still authorise, under its inherent jurisdiction, the deprivation of liberty of a child under the age of 16 following amendments to the Care Planning, Placement and Case Review (England) Regulations 2010? Tahmina Rahman, barrister at 1GC Family Law, considers the issues.

Possession – more change in England

Oct 04, 2021
From the beginning of this month, there has been yet more change on the possession front. Suzanne Gregson examines the latest position.

No case to answer: prosecution under s. 82 Environmental Protection Act 1990 dismissed

Oct 01, 2021
Sarah Salmon reports on how a social landlord successfully defended a private prosecution brought by an occupier of one of its properties under section 82 of the Environmental Protection Act 1990.

The new subsidy control regime: new rules on competition and relocation

Oct 01, 2021
In the second article in a four-part series, Edward Reynolds and David Owens consider two key provisions in the Subsidy Control Bill on competition and relocation of activities.

Carbon reduction and central government contracts

Oct 01, 2021
Jenny Beresford-Jones looks at the imminent prospect of Supplier Carbon Reduction Plans being assessed in large government contracts.

PFI contract expiry and handover assistance from the IPA

Oct 01, 2021
Is the support plan produced by the Infrastructure and Projects Authority one you can work with on PFI contract expiry? Martin Cannon looks at the details.

Assessment of costs in disrepair claims

Oct 01, 2021
The County Court recently considered the amount of legal costs that are recoverable in a disrepair claim that settled pre-issue. Stathis Kosteletos and Elena-Lucia Singleton analyse the ruling.

Employment Tribunal cases considering the risks posed by the COVID pandemic

Oct 01, 2021
Nick Murrell discusses two non-binding employment tribunal decisions concerning measures to protect pregnant workers during the pandemic and the dismissal of an employee who refuses to obey a management instruction due to COVID-related risks being automatically unfair.

Council’s charging policy held unlawful as it discriminated against severely disabled persons

Sep 30, 2021
Hannah Gibbs looks at the impact of a recent High Court decision on local authority charging policies.

Two-child benefit rule held lawful

Sep 30, 2021
Recently, in R (SC, CB and 8 children) v Secretary of State for Work and Pensions & ors [2021] UKSC 26 (“SC”), the Supreme Court held that the two-child rule (contained in the Welfare Reform and Work Act 2016) limiting key subsistence benefits to two children per household, was lawful. Yaaser Vanderman investigates.

Settlement agreements – waiving Personal Injury claims

Sep 30, 2021
In the case of Farnham-Oliver v RM Educational Resources LTD, the Queen’s Bench Division of the High Court allowed a Personal Injury claim (“PI claim”) to be pursued by an employee against his former employer despite the parties signing a Settlement Agreement in respect of an Employment Tribunal claim on the same issue. Julie Bann and James Hughes report.

Social care reforms in England - how will they work in practice?

Sep 30, 2021
Nicola Gunn of Anthony Gold Solicitors LLP, in association with Lexis PSL, considers what the reforms will mean in practice for those who require care.

Practice Direction 57AC Trial Witness Statements in the B&PC

Sep 29, 2021
Matthew Hall and Geraint Wheatley discuss various issues relating to evidence in property cases.

Mandatory off-site schooling

Sep 28, 2021
Jonathan Auburn QC examines the impact of the recent decision in CHF & ORS, R (On the Application Of) v Newick Church of England Primary School & Anor [2021] EWCA Civ 613 on the need for and provision of off-site schooling by schools and local authorities.

The recovery of tuition fees

Sep 24, 2021
Imogen Proud analyses the decision of the High Court in SS Education v CCP Graduate School Ltd to deny the recovery of tuition fees under the Education (Student Support) Regulations 2011.

Are you ready for UK GDPR 2.0?

Sep 24, 2021
Ibrahim Hasan sets out the key points from the Government's consultation on a revamped data protection regime.

The Subsidy Control Bill 2021: key questions for Parliament to consider

Sep 24, 2021
Jonathan Branton and Alexander Rose outline some key issues with the Subsidy Control Bill as it reached the second reading in Parliament this week.

Vaccinating 12 to 15 year olds

Sep 24, 2021
Stephanie McGarry and Alistair Taylor consider the Government’s updated guidance on Covid-19 vaccination of 12 to 15 year olds.

Fixed recoverable costs in housing conditions claims

Sep 24, 2021
The Government has decided to extend fixed recoverable costs to all civil claims, including housing conditions claims. Matthew Lake analyses the impact of the move.

Procurement and the UK Hydrogen Strategy

Sep 24, 2021
Kyle Duggan, Victoria Croshaw, Emily Heard analyse procurement issues in relation to the use of hydrogen in the transport sector.

Fixtures or fittings?

Sep 24, 2021
Although the facts related to a commercial dispute, the Technology and Construction Court’s recent approach to determining if something is a fixture or fitting applies across a range of legal areas, write Clive Adams, Stathis Kosteletos and Elena-Lucia Singleton.

Gillick competence, puberty-blockers and the Court of Appeal

Sep 24, 2021
Alex Ruck Keene examines the Court of Appeal’s ruling in the high-profile case on referrals for the prescription of puberty-blockers to children and young people under 18.

Civil claims in schools

Sep 24, 2021
Katherine Langley explores some of the more common types of claim that arise in a school setting to provide insight into the principles that will be considered when civil claims are brought and steps that can be taken by schools when implementing policies and procedures.

Looked after children in unregulated settings

Sep 20, 2021
What should local authorities do in the case of looked after children under 16 who are placed in unregulated settings after 9 September 2021? Samantha Broadfoot QC investigates.

Which local authority pays for aftercare after repeated detentions?

Sep 20, 2021
Leon Glenister takes a look at the Department of Health & Social Care's current position on determinations on s117 Mental Health Act 1983 disputes.

Social care funding: rapid response note

Sep 17, 2021
Fenella Morris QC, Sian Davies and Arianna Kelly analyse the Government's proposals for social care funding reform and look at the key issues for local authorities.

Local Government - new starter guide

Sep 17, 2021
The following LexisNexis practice note is aimed at trainee solicitors and those who are new to Local Government and explains the role of local government lawyers and provides an overview of the primary legal disciplines they will encounter.

You can never be too diligent - the issue of know your client

Sep 17, 2021
Paul Feild considers the risk to local authorities posed by money laundering and the importance of carrying out due diligence properly in their transactions.

Housing disrepair claims and costs

Sep 17, 2021
Social landlords who do not challenge costs are potentially overpaying by tens of thousands of pounds in some of these matters. Alex Bagnall explains how they can secure significant reductions.
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