SLLP July 21 Composite 600 edit

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Housing case law - July/August 2021

Aug 03, 2021
Paul Lloyd, Helen Gascoigne and Tom Bradbury round up the latest housing law judgments of interest to housing associations and local authorities.

Joint ventures: The benefits and implications for RPs and developers explained

Aug 03, 2021
Chimi Shakohoxha, Ryan Campbell and Rita Saadeh set out the benefits and implications of joint ventures between registered providers and developers.

Duty to provide relevant evidence in Special Educational Needs cases

Jul 30, 2021
A recently published Upper Tribunal decision provides guidance as to the duties of the parties to provide relevant evidence to the First-tier Tribunal (“FtT”) in special educational needs cases, writes Holly Littlewood.

Croydon/Home Office working agreement on asylum seekers whose age was challenged, judged lawful

Jul 30, 2021
Joshua Swirsky discusses a recent case that considered local authority responsibility for young asylum seekers whose age had been challenged.

Court of Protection case law update: July 2021

Jul 30, 2021
Aaqib Javed and Holly Littlewood examine the latest rulings of interest to Court of Protection practitioners.

A bluffer’s guide to A2P1: what does the right to education protect?

Jul 30, 2021
Imogen Proud considers the nature and scope of the right to education under the Human Rights Act 1998 (“HRA 98”).
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The counter-restitution principle defined

Jul 30, 2021
In an important decision in the law of unjust enrichment, the Court of Appeal has defined the counter-restitution principle for the first time after detailed argument about its basis and scope, writes Simon Salzedo QC.

Japanese knotweed and private nuisance

Jul 30, 2021
Jonathan Pennington Legh acted recently in a case concerning Japanese knotweed. Here he considers how the related legislation impacts landowners and practical steps you may like to consider.

IR35 and off-payroll workers

Jul 29, 2021
The following LexisNexis Tax practice note, produced in partnership with David Smith of DLA Piper, explains the IR35 regime which applies where either a public authority or a private sector entity engages a worker via an intermediary.

The Judicial Review and Courts Bill

Jul 29, 2021
The Judicial Review and Courts Bill was introduced to the House last week on 21 July 2021. William Rose and Anna Sidebottom discuss the potential impact of the bill.

Liquidated damages and termination

Jul 29, 2021
Clare Mendelle, Francesca Gallagher and James Goldthorpe provide an outline of the Supreme Court's recent decision in Triple Point Technology vs PTT Public Company Limited.

How to avoid common pitfalls in anti social behaviour injunctions and committal applications

Jul 29, 2021
Louise Whittington and Natalie Foster provide practical guidance on frequently encountered issues in the preparation of applications for both civil injunctions and committals following breach of an injunction.

Local government pension scheme exit credits

Jul 26, 2021
Doug Mullen and Michelle Knight discuss the recent judicial review of regulations changing the regime governing exit credits in the local government pension scheme.

Implementing a compulsory purchase order

Jul 23, 2021
Simon Bell considers the lessons for local authorities and claimants from a recent High Court challenge to a council's decision to execute a general vesting declaration.

Maximising support for families in a system under strain

Jul 23, 2021
The children social care sector needs urgent reform to support families and avoid crisis, writes Jo Porter.

How to ensure better protection for tenants around the country

Jul 23, 2021
Shona Ali looks at worrying recent trends in relation to illegal evictions and sets out what local authorities can do to combat the problem.

Accusations in judgments of misconduct

Jul 23, 2021
A social worker has recently been awarded damages by the European Court of Human Rights for unfair accusations of professional misconduct. Charlotte Gilmartin analyses the ruling.

Why insisting on flexible hours could discriminate against women

Jul 23, 2021
Two recent cases from the Employment Appeal Tribunal illustrate some potential pitfalls when women with childcare responsibilities are asked to move away from fixed working hours, writes Charles Pigott.

Prior approval and definitional requirements

Jul 23, 2021
The High Court has issued an important judgment on prior approval decision-making, writes Andrew Byass.

Transparency in regulated procurements

Jul 23, 2021
A county council has recently defended a waste company’s application for summary judgment in a procurement dispute. Joseph Barrett explains how.

GDPR fines

Jul 23, 2021
The Information Commissioner's Office recently issued its first GDPR fine to a charity. Ibrahim Hasan examines the watchdog's track record of enforcement.

Food advertising

Jul 22, 2021
This LexisNexis Practice Note, produced in partnership with Katrina Anderson of Osborne Clarke, considers the law and practice applicable to food advertising to consumers.

Mediation and planning: here to stay?

Jul 21, 2021
John Pugh-Smith, Harry Spurr and Josef Cannon review important recent developments in the use of mediation in planning.

Housing Ombudsman Podcast: Relaxing the rules and returning to the New Normal

Jul 20, 2021
In the first episode of the Housing Ombudsman's new podcast, Richard Blakeway, Verity Richards and David Simmons discuss the complaints they have seen that have been affected by the Covid-19 pandemic.

Everyone’s Invited: the legal implications

Jul 20, 2021
What is the legal framework for schools in responding to 'Everyone's Invited'? Fiona Scolding QC, Samantha Broadfoot QC, Leon Glenister and Joe Thomas discuss.

The LLG Grapevine 19th July

Jul 19, 2021
Deborah Evans, Dennis Hall and Helen McGrath discuss the Lord Chief Justice's comments on Serious Court Failings, the Environment Bill and climate change, the future of the planning system, the Public Accounts Committee Test and Trace 2 Inquiry, council's financial black holes, the Supreme Courts position not to interfere with political choices, the Health & Social Care Bill and the CSPL Annual Report.

Mandatory Vaccination for Care Home Workers in England

Jul 16, 2021
The Government has announced that people working in care homes in England must be fully vaccinated against Covid-19 from October 2021, unless they have a medical exemption, write Rachel Murray-Smith and Francesca Gallagher.

Alighting on serious risks

Jul 16, 2021
Wayne Beglan and Sam Fowles examine the Planning Court's recent judgment in an important judicial review concerning the correct approach of planning decision-makers in the context of sites presenting serious health and safety risks.

Self-builders, CIL exemptions and retrospective planning permission

Jul 16, 2021
Trevor Ward analyses a recent High Court ruling that the CIL payment exemption is not available for self-build houses granted retrospective planning permission.

The housing possessions backlog and Nightingale Courts: a simple solution?

Jul 16, 2021
Natalie Foster explores the potential role of ‘Nightingale Courts’ and extended operating hours in unclogging the housing possessions backlog – and ensuring that the wheels of justice keep turning.

What next for Special Severance Payments?

Jul 16, 2021
Recent Government guidance on Special Severance Payments goes further than before, writes Kerren Daly.

Reporting restrictions in end of life cases

Jul 16, 2021
Rosalind English analyses an important High Court ruling on anonymity for treating clinicians in 'end of life' cases.

Public law children case update: May 2021

Jul 16, 2021
Kerry Cockayne analyses important recent rulings for childcare lawyers on special guardianship orders, discharge of care orders, and joinder of foster carers.

Publication to Contracts Finder

Jul 16, 2021
Jenny Beresford-Jones examines the recent procurement policy note (PPN 07/21) on publication of information to Contracts Finder.

CQC enforcement tracker

Jul 15, 2021
This Practice Note from LexisNexis provides a summary of key prosecutions for health and social care offences brought by the Care Quality Commission (CQC) in England since 2015. This tracker is intended to assist practitioners in monitoring the type of sentences which are being imposed for breaches of health and social care legislation.

Transparency in Procurement: Procurement Policy Note (“PPN”) 07/21

Jul 13, 2021
Julie Lau, Clare Mendelle and Beth Edwards outline the new regime for publishing procurement notices post-Brexit

When procurement law and contracts for interests in land meet

Jul 13, 2021
Colin Ricciardiello provides a case law update examining cases that have examined the overlap between a requirement to procure and a contract for the disposal of an interest in land.

UK granted data protection adequacy decision

Jul 12, 2021
Charlotte Smith summarises the new data protection adequacy decision.

CQC Strategy 2021 (part 2): How ratings could change and how to challenge them

Jul 09, 2021
Tim Coolican and Freya Cassia explore the legal and practical options available to providers if a disappointing result is received following an inspection.

Good faith in commercial agreements

Jul 09, 2021
The following Commercial practice note from LexisNexis examines the concept of good faith and the extent to which it is applied in commercial agreements.

Defects on the highway

Jul 09, 2021
A highways authority recently successfully defended a claim brought by an injured motorcyclist. Ian Clarke considers the ruling.

Introduction of the Building Safety Bill

Jul 09, 2021
Lorna Kenyon offers some initial thoughts on the scope of the Building Safety Bill.

Confiscation and enforcement notices: the roll-back from Panayi

Jul 09, 2021
Richard Furlong considers the Court of Appeal decision in Barnet v Kamyab, and the prospect of Edis LJ conducting a fact-finding confiscation hearing. An interesting issue arises as to the first-instance defendant’s right of appeal from that exercise.

First Impressions on the New Subsidy Control Bill

Jul 08, 2021
Last week the Government published its new Subsidy Control Bill. The Bill represents a significant shift in the way in which subsidies are assessed and also provides some clarity about the regime that will replace the EU State aid regime, writes Peter Collins.

The New Model for Shared Ownership Lease: a decade of repair costs for landlords

Jul 08, 2021
Mark Foxcroft looks at the impact on registered providers of the 10-year repair-free period under the Shared Ownership model.

The Domestic Abuse Act 2021: What does it mean for social housing providers?

Jul 08, 2021
The Domestic Abuse Act (“DAA”) received royal assent on 29 April 2021 following a much-delayed journey through Parliament. The Act will have important ramifications for social housing providers – including changes for homelessness under Part VII of the Housing Act 1996 which came into effect on 5 July 2021. Tara O’Leary provides a summary of what to expect.

Electronic execution: how to save time and money sealing your property documents

Jul 08, 2021
A new era of paperless property deals is upon us following the Land Registry’s landmark decision in July 2020 to accept e-signed documents for registration, writes Sandy Munroe.

Housing case law update - June 2021

Jul 08, 2021
Daniel Skinner, Sarah Christy and Laura Waby round up the latest judgments of interest to housing associations and local authorities.

Good news for landlords! No requirement to provide EPC for pre-2015 tenancies

Jul 08, 2021
Michael Grant discusses a recent decision by the Court of Appeal on whether a section 21 notice served by landlords on a tenant was invalid because no energy performance certificate ("EPC") had been served on the tenant prior to the service of the notice.

Planning case law update

Jul 07, 2021
James Findlay QC, Ryan Kohli, Ruchi Parekh and John Fitzsimons explore the most recent key Planning Law cases.

Judicial review & the planning system in 2021

Jul 07, 2021
Richard Harwood OBE QC, Chris Todman, Celina Colquhoun, Simon Ricketts and Katherine Barnes look at practical tips, current trends, and consider what’s around the corner for judicial review and the planning system.

Cut your neighbour down to size?

Jul 06, 2021
David Sawtell and Niraj Modha share their thoughts on common disputes between and involving neighbours, the legal issues which they throw up, and the steps which may be taken to resolve them.

Possession proceedings, where are we now?

Jul 06, 2021
Tara O'Leary, Rowan Clapp, Olivia Davies and Dr Christina Lienen take stock of how the County Courts are dealing with possession claims as the country (hopefully) moves towards an easing of COVID-19 restrictions.

Bridging the Gap: planning pointers for property practitioners

Jul 05, 2021
Myriam Stacey QC, Jenny Wigley QC, Katrina Yates and Heather Sargent focus on key points that property practitioners need to know about section 106 obligations and planning enforcement.

Managing new enforcement powers for councils under the Traffic management Act 2004

Jul 02, 2021
Rob Hann considers the recent legislative changes to traffic management in England, including the introduction of Clean Air Zones and widening local authorities enforcement powers for moving traffic offences.

No more reward without risk

Jul 02, 2021
Nigel Bolton and Philip Woolham look at the lessons to be learned from an important High Court judgment for local authorities and contractors on pension exit credits.

Early contractor involvement

Jul 02, 2021
Early contractor involvement is growing in popularity with local authorities, but which is the best route, Joint Contracts Tribunal (JCT) or New Engineering Contract (NEC)? Martin Cannon considers the approach to take.

Capacity to make decisions on care and alcohol dependency

Jul 02, 2021
Laura Wares analyses a recent case in which the assessment of capacity of an individual with a history of alcohol misuse was considered by the court.

Tree safety management

Jul 02, 2021
Nicholas Thorne examines a recent case that considered the landowner's duty of care when it comes to tree safety management.

Can mediation solve the housing possessions backlog?

Jul 02, 2021
The freeze on possession hearings is finally starting to thaw – but how will the courts cope with the huge backlog of cases? Will mediation, online hearings, or a dedicated housing tribunal make a difference? In the first of a series of articles from 42BR Housing, looking at the potential solutions, Catherine Urquhart analyses the mediation pilot scheme.
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