Slide background
Slide background
Slide background
Slide background
Slide background

Education tracker

Apr 16, 2021
This Local Government practice note from LexisNexis provides comprehensive and up to date legal information covering key upcoming developments of interest to Education lawyers from early years foundation stage (EFYS) to further and higher education.

Liability for abuse suffered by claimant placed in private care home

Apr 16, 2021
Steven Ford QC analyses a ruling where, in the absence of fault, a local authority was not liable for sexual assaults committed by an employee of the private residential care home at which it placed the claimant. The relationship between the abusive employee and the placing authority was not akin to employment and the duty of care owed by the authority to the claimant was not non-delegable.

Long-term leave under s.17 Mental Health Act

Apr 16, 2021
Arianna Kelly analyses a recent judgment in which the Upper Tribunal considered whether a s.3 Mental Health Act detention can persist during long-term s.17 Mental Health Act leave without any active connection between the patient and hospital.

Prosecuting unlicensed dog and cat breeders

Apr 16, 2021
Gary Grant looks at a recent case where £50,000 in financial penalties were imposed on unlicensed dog and cat breeders.

After school clubs and duty of care

Apr 16, 2021
Nicholas Thorne analyses a judge's rejection of a claim for injury arising out of the warm-up session at an after school club.

When the wind(fall) blows

Apr 16, 2021
Roy Pinnock examines the sweeping Commercial to Residential permitted development right that was trailed in Autumn 2020 and which will come into effect from 1 August 2021.
Slide background

The procurement Green Paper: no marks for DPS+ or framework proposals

Apr 16, 2021
The proposals concerning dynamic purchasing systems (DPS) and framework agreements are the most disappointing aspect of the procurement Green Paper, writes Andrew Millross.

Remote meetings and the importance of ‘local choice’

Apr 14, 2021
The imminent High Court hearing over the ability of councils in England to continue to hold remote meetings after 6 May is about ensuring local choice, the leaders of the two organisations behind the legal proceedings tell Local Government Lawyer.

What does the COVID pandemic mean for the standard of care?

Apr 14, 2021
What is the impact of the COVID-19 pandemic on the interpretation of the appropriate standard of care? Chris Bright QC, John Coughlan QC, Gemma Roberts, and Neil Shastri-Hurst explore the key implications.

Deja Value all over again [i] – The Best Value Report on Liverpool City Council

Apr 09, 2021
Dr Paul Feild looks at some of the lessons to be learned - including in relation to the legal team - from the best value report into at Liverpool City Council.

Can a worker get paid for sleeping?

Apr 09, 2021
Some jobs such as care workers, security guards and nightwatchmen require the individual to work night shifts where they may, with the approval of their employer, sleep during some or all of the shift, but nevertheless remain on standby during that time. The Supreme Court was asked to decide how many hours such a worker should be paid for the purpose of the National Minimum Wage (NMW) which will be raised to £8.91 from April 2021 for over 23s.

Vulnerable persons - participation and evidence in family proceedings

Apr 09, 2021
The following Family practice note from LexisNexis provides comprehensive and up to date legal information covering the participation of vulnerable people and evidence in family proceedings.

Towards better Subsidy Control

Apr 09, 2021
Jonathan Branton and Alexander Rose set out how the United Kingdom can create a better Subsidy Control system.

Approaches by bidders to payment

Apr 09, 2021
Jenny Beresford-Jones examines a procurement policy note, effective from the beginning of April, on taking account of a bidder’s approach to payment in the procurement of major contracts.

The EU Settlement Scheme: children, care leavers and local authority duties

Apr 09, 2021
Local authorities are coming under increasing pressure to ensure that children and care-leavers with EU law rights to reside in the UK make an application to the EU Settlement Scheme (“EUSS”) before the deadline of 30 June 2021, writes Gráinne Mellon.

Dealing with Hoarding during the Coronavirus crisis

Apr 07, 2021
There has been some focus on the effects of anti-social behaviour upon neighbours but what about cases such as hoarding where the main person affected is the hoarder themselves and the property? Anna Bennett looks at the options.

Too much, too soon

Apr 07, 2021
A High Court judge recently allowed an appeal against a decision of a Circuit Judge to dismiss a claim that an asylum seeker who had been accommodated by a local authority under the “Everyone In” scheme did not have an arguable case that he had been granted a secure tenancy. Justin Bates explains why.

Alternative dispute resolution and the Housing Ombudsman

Apr 06, 2021
The Housing Ombudsman has announced plans to publish individual determinations and reports based on complaints that it has reviewed. Matthew Lake examines the proposals.

Better late than never: round two

Apr 06, 2021
The Court of Appeal has confirmed that where a local authority makes a homelessness review decision late, that decision is valid notwithstanding its lateness, writes Alexander Campbell.

Can you decline to sponsor skilled workers under the new immigration rules?

Apr 01, 2021
Is there an obligation to consider resident workforce prior to employing migrants? Julie Bann and Aleksandra Wolek report.

New and repeat lessons from CIL appeal decisions

Apr 01, 2021
The flow of appeals against surcharges and deemed commencement dates under regulations 117 and 118 of the Community Infrastructure Levy Regulations 2010 to the Planning Inspectorate continues unabated. Christopher Cant looks at what can be learned.

Deprivation of liberty and writs of habeas corpus

Apr 01, 2021
The Court of Protection has court found that if a local authority does not apply for an order under the inherent jurisdiction, a parent can challenge the deprivation of liberty of their child in a specialist school by bringing a writ of habeas corpus. Joshua Swirsky analyses the ruling.

Mid-trial dismissal and withdrawal of allegations

Apr 01, 2021
Fran Massarella reports on a case which concerned an interim application to dismiss public law proceedings involving six children where there were numerous allegations of sexual abuse.

Complying with a deemed grant of planning permission under the GPDO

Apr 01, 2021
The High Court has quashed a planning inspector’s decision allowing the conversion of an industrial warehouse to flats. Charles Streeten explains why.

Coronavirus (COVID-19) - implications for property

Mar 31, 2021
The following Property practice note from LexisNexis provides comprehensive and up to date legal information covering the implications for landlords of the Covid-19 pandemic.

Housing case law update - March 2021

Mar 30, 2021
Paul Lloyd, Helen Gascoigne and Catherine Craven analyse the latest court rulings and Ombudsman investigations of interest to housing associations and local authorities.

From virtual to hybrid? The future of Council meetings

Mar 29, 2021
Richard Harwood QC OBE looks at the potential consequences of the government's decison not to extend the use of virtual meetings beyond 7th May.

Our treatment of the vulnerable

Mar 26, 2021
The pandemic has shone a powerful searchlight on to the unnecessarily damaged lives of too many of our most vulnerable people and children. In a paper given at a Royal Holloway University of London Symposium, Sir James Munby, former President of the Family Division, looks at the challenges facing the family justice system.

Transformation? Or transparency gone too far?

Mar 26, 2021
Kieran McGaughey provides a local authority view on the transparency obligations contained in the procurement Green Paper.

Procurement obligations and Covid

Mar 26, 2021
What do the Westminster and Good Law Project cases tell us about the courts’ attitude to procurement post-Covid? Léonie Cowen explains.

Diverting a footpath under section 119 of the Highways Act 1980

Mar 26, 2021
The Court of Appeal has recently considered the criteria for the diversion of a footpath, bridleway or restricted byway. Trevor Ward examines the ruling.

The impact of registration of land as a TVG on the pre-existing commercial activities of a landowner

Mar 26, 2021
A recent Supreme Court ruling on town and village greens leaves one question answered, another left hanging, writes Richard Wald QC.

The procurement Green Paper and selection of tenderers

Mar 26, 2021
Andrew Millross examines the proposals in relation to the selection (prequalification) of tenderers contained in the Green Paper: Transforming Public Procurement.

Vaccination – looking at all the relevant circumstances

Mar 26, 2021
Alex Ruck Keene analyses a Court of Protection ruling on whether a 31-year-old man with a learning disability should be vaccinated against Covid-19.

Covid Enforcement Restrictions

Mar 25, 2021
As the UK prepares for the relaxation of lockdown, barristers Zachary Bredemear, Richard Cherry and Conor Kennedy offer a reminder of the restrictions on bringing proceedings and enforcement that are still in force.

The Long Goodbye to the PFI

Mar 24, 2021
Rob Hann, Sharpe Pritchard’s Head of Local Government takes a look at the House of Common’s Public Account Committees’ recent report into the pending expiry of PFI contracts which contains some interesting recommendations….

Planning law update for local authorities: Planning challenges

Mar 22, 2021
Heather Sargent, Kimberley Ziya, Luke Wilcox and Alistair Mills consider the procedure of High Court planning challenges, before turning to two common topics which arise in challenges: heritage, and the interpretation of policy.

Section 117 After-care and Ordinary Residence

Mar 22, 2021
A High Court judge has held that a new interpretation of s.117 of the Mental Health Act 1983 advanced by the Health Secretary when determining an ordinary residence dispute was wrong, and quashed the minister’s determination. The judgment gives welcome clarification on how ordinary residence, under s. 117, operates, writes Lee Parkhill.

Brexit - key legislation explained

Mar 19, 2021
The following Public Law practice note produced in partnership with Dr. Kieran Laird of Gowling WLG provides comprehensive and up to date legal information covering the key legislation governing Brexit.

Changes to the Electronic Communications Code

Mar 19, 2021
The Department for Digital, Culture, Media and Sport has commenced a consultation on changes to the Electronic Communications Code 2017 (the “Code”). James Nelson, Lillee Reid-Hunt and Natasha Barlow report.

The Heat Networks (Scotland) Bill

Mar 19, 2021
Until last week the heat network sector in Scotland was not specifically regulated. The recent Heat Networks (Scotland) Bill seeks to rectify this by creating a regulatory framework and licencing system designed to encourage the increased use of heat networks.

Compulsory acquisition, Green Belt policies and undefined boundaries

Mar 19, 2021
The Court of Appeal has handed down a judgment on planning decisions relating to undefined boundaries of Green Belt land and cost orders in CAAD appeals. Oliver Capildeo examines the ruling.

Development of "isolated homes in the countryside"

Mar 19, 2021
The Court of Appeal has handed down an important judgment on “isolated homes” and national heritage policy, writes Melissa Murphy.

From 'MEAT' to 'MAT'

Mar 19, 2021
Andrew Millross examines a proposal in the Green Paper: Transforming public procurement to change the basis of contract awards from “most economically advantageous tender” (MEAT) to “most advantageous tender” (MAT).

Constraints on the right to express religious beliefs

Mar 19, 2021
A Christian man was dismissed from his posts as a non-executive director and a magistrate for expressing his views on homosexuality and same-sex couple adoption in public - was this considered discrimination? Lorna Scully analyses recent Court of Appeal rulings.

Collateral challenges

Mar 18, 2021
What is the place of collateral challenges in the contemporary administrative justice landscape? Lee Marsons and Yseult Marique report.

A step in the right direction

Mar 17, 2021
Rob Hann and Juli Lau outline Sharpe Pritchard’s response to the Government’s Green Paper on reforming the ‘outdated’ public procurement regime.

Court of Protection Q&A Series: 3

Mar 16, 2021
Sophie Hurst and Richard Borrett from Kings Chambers' Court of Protection team answer questions submitted live, primarily focussed on health & welfare law.

Planning law update for local authorities: Dealing with appeals

Mar 15, 2021
Jacqueline Lean, Matthew Fraser, Andrew Parkinson, Nick Grant and Joe Thomas provide helpful tips on three main areas in planning law: resisting written representations appeals, opposing appeals when brought by way of a hearing, and the vexed topic of costs.

The LLG Grapevine 15th March

Mar 15, 2021
Deborah Evans, Dennis Hall and Helen McGrath from LLG discuss devolution, Judicial Review, GDPR, The CfGS's Governance Risk & Resilience Framework, gender equality, flexible working, Rule of Law and Test and Trace.

Transparency in the family courts

Mar 12, 2021
Ths following Family practice note from LexisNexis provides comprehensive and up to date legal information covering recent developments in the transparency of family court proceedings.

Judicial review, standing and interest in the outcome

Mar 12, 2021
A recent ruling has confirmed that applicants for judicial review must have a sufficient interest in the relief sought to have standing to bring the claim, write Sarah Salmon and Joshua Swirsky.

Children proceedings: control of documents

Mar 12, 2021
Francesca Massarella examines a recent appeal concerning the power of the Family Court to control the distribution of its judgments and of other documents filed for the purpose of the proceedings.

Reliance/inducement and misrepresentation by conduct

Mar 12, 2021
The Commercial Court has reviewed the test for reliance/inducement for misrepresentation by conduct in a case brought by local authorities against a major bank. Tim Lord QC and Kyle Lawson analyse the judgment.

Planning law update for local authorities: Technical issues for planning authorities

Mar 11, 2021
This session contains three segments regarding matters which raise legal difficulties in the planning context: permitted development rights, enforcement, and conditions and planning obligations.

Update on public sector pensions, age discrimination and the fallout from McCloud v Lord Chancellor

Mar 10, 2021
Paul Brown QC, Samantha Broadfoot QC and David Lock QC look at the responsibilities and remedies available to resolve the discrimination issues emerging out of the significant decision of the Court of Appeal in McCloud v Lord Chancellor [2018] EWCA Civ 2844.

Post COVID-19 child abuse litigation: A new future

Mar 10, 2021
Sharing their experiences and learning over the last 18 months, Leah Jones, Sarah Erwin-Jones and James Arrowsmith look beyond the immediate impact of COVID-19 and discuss the future of litigation including child abuse litigation.

Unregulated placements

Mar 09, 2021
Olivia Choudhury examines a case involving the use of an unregulated placement by Lancashire County Council and discusses the impact of such placements alongside possible reforms.

Life on the Edge!

Mar 08, 2021
Rob Hann
This week sees the launch of Sharpe Edge – the home of Sharpe Pritchard on Local Government Lawyer. We have created Sharpe Edge for local authorities who are looking for ways to help their communities rebuild and regenerate following the devasting impact of the Covid-19 Pandemic.

Teckal and Beyond….

Mar 08, 2021
In this article Rob Hann, Sharpe Pritchard’s Head of Local Government, takes a look at what isn’t covered in the recent Green Paper on Transforming the UK’s Public Procurement rules, namely the exception contained in regulation 12 of the Public Contracts Regulations 2015 (PCR 2015), commonly referred to as the Teckal exemption and asks whether Teckal is ‘fit for purpose’ in a post Brexit, post pandemic environment?
Slide background