Coronavirus lead pic

  NEWS

January 20, 2021

Boating company wins permission for judicial review over decision not to offer interim concession contract

A High Court judge has granted a company permission to bring judicial review proceedings in relation to a decision by The Royal Parks Limited (TRP) not to grant it an extension to a concession contract for the operation of boating facilities in Hyde Park, on…
January 20, 2021

Taxi drivers win High Court challenge over Streetspace plan

London’s taxi trade has hailed High Court rulings in which it won on four out of five grounds under which it challenged Mayor Sadiq Khan’s Streetspace plan.
January 19, 2021

Official Solicitor wins appeal over ability of mother and step-father of autistic man to leave homes to provide care during first lockdown

The Official Solicitor has won an appeal on behalf of a 30-year-old with autism and communication difficulties over whether his mother and step-father had a reasonable excuse during the first national lockdown to leave their homes to provide him with care.
January 19, 2021

Law firm teams up with CommercialGov to deliver governance for commercial activity masterclass for LGA

Sharpe Pritchard is working with CommercialGov to provide a commercial governance masterclass for the Local Government Association.
SCROLL DOWN FOR MORE...

  FEATURES AND ANALYSIS

January 20, 2021

The Office: District Judge rules on Covid-19 Summary Review

An experienced district judge has issued the first fully reasoned judgment on a Covid-19 summary review. Gary Grant analyses the ruling.
January 15, 2021

Changing safeguards for children in care: the Article 39 case

David Gregory looks at a powerful recent Court of Appeal judgment on the consultation undertaken by the Government on changes to the delivery of children's services during the pandemic.
January 14, 2021

The halt on evictions (again)

Amy Kelly analyses the latest prohibition on enforcement of some possession orders in England and Wales.
SCROLL DOWN FOR MORE...

  WEBINARS AND PODCASTS

November 19, 2020

Licensing v.2.0 – a system reboot post-Covid

Philip Kolvin QC considers possible reforms to the licensing system that he says, if made in the wake of the pandemic, might determine the future of our towns and cities over the next 25 years.
November 06, 2020

CVP, hybrid, and in-person hearings in the Employment Tribunal

Calling on practical experience, Tom Perry, Naomi Owen, Gemma Roberts & Changez Khan discuss preparing for and conducting Employment Tribunal hearings via the cloud video platform (CVP), hearings in person and hybrid hearings.

 

October 26, 2020

Targets & the Environment Bill

Nina Pindham considers the Environment Bill and more particularly, environmental targets – what are they replacing, what is industry, affected sectors and the Government’s thinking on how those targets should best be set; how and when are they enforced?
October 22, 2020

Coronavirus: Regulation of business & enforcement of the three tier system

In this webinar, David Comb examines the National Three Tier system of regulating business activity in response to the Coronavirus pandemic, including enforcement of the regulations.
October 12, 2020

The LLG Grapevine 12th October

Deborah Evans, Dennis Hall and Helen McGrath discuss the highlights of the LLG MO Conference including challenges and opportunities for Monitoring Officers, Governance and Scrutiny, The do's and don'ts of social media, the 95K exit cap, and more.
Slide background

  MORE NEWS

January 19, 2021

Court and tribunal buildings are safe, insists acting chief executive of HMCTS

Buildings operated by HM Courts and Tribunals Service are safe for those that need to use them, the organisation's acting chief executive has insisted.
January 18, 2021

Senior judges issue guidance on wearing masks and face coverings in courts

The Senior Presiding Judge, Lady Justice Thirlwall, and the Deputy Senior Presiding Judge, Lord Justice Haddon-Cave, have issued new guidance on the wearing of masks and face coverings in courts.
January 18, 2021

Judge dismisses application for interim relief for homeless asylum seeker after breach of duty of candour

A Deputy High Court judge has dismissed an application for interim relief in the form of suitable accommodation submitted on behalf of a street homeless former asylum seeker, both on the merits and because of the claimant’s breach of the duty of candour.
January 18, 2021

Public Procurement Review Service received 123 complaints in 12 months to end September 2020

The Public Procurement Review Service received 123 complaints from businesses over the tendering of contracts in the year to 30 September 2020, the Cabinet Office has revealed in response to a freedom of information request.
January 15, 2021

Law Society calls for two-week pause of non-custodial Crown and Magistrates court work

The Law Society has called for urgent action including a possible two-week pause of non-custodial Crown and magistrates’ court work “amid escalating safety concerns”.
January 15, 2021

May 2021 elections still on but situation will be kept under review: Minister

The May 2021 elections look set to go ahead after the Minister for the Constitution and Devolution told MPs this week there should be “a high bar for any delay”.
January 14, 2021

Cafcass updates guidance on advisers seeing children and families during lockdown

Cafcass has published updated guidance on arrangements for Family Court advisers to see children and families, work in Cafcass offices and attend court under lockdown restrictions.
January 13, 2021

Court of Protection team at 39 Essex Chambers issues guidance notes on vaccination and testing for Covid-19 and mental capacity

The Court of Protection team at 39 Essex Chambers has published two rapid response guidance notes, covering mental capacity, vaccination and testing for Covid-19.
January 12, 2021

Criminal solicitors body warns members it is not safe to attend Magistrates’ courts

The London Criminal Courts Solicitors' Association (LCCSA) has advised its members that it is not safe to continue to attend Magistrates’ courts.
January 12, 2021

Government facing legal challenge over speed of provision of devices to disadvantaged children for education at home

The Good Law Project has launched judicial review proceedings over what it says is the Government’s failure to ensure, “in a timely fashion”, adequate devices are provided to disadvantaged children who require them to be educated at home.
January 11, 2021

Senior family judge warns against allocation of hearing time outside normal sitting hours of court save in exceptional circumstances

The allocation of additional hearing time outside the normal sitting hours of the Family Court - between 10.00am and 4.30pm, with an adequate adjournment at lunchtime - should be seen as an exceptional occurrence, and not the norm, and should be limited to no…
January 08, 2021

Ministry extends ban on bailiff-enforced evictions until 22 February - save for "most egregious" cases

The ban on bailiff-enforced evictions has been extended until 22 February with no evictions expected to 8 March at the earliest, the Ministry of Housing, Communities and Local Government has said.
January 07, 2021

Councils call for clarity on whether 6 May 2021 elections will proceed

The latest lockdown has raised the possibility of elections due on 6 May being postponed, some of which are already delayed from May 2020.
January 05, 2021

Ministers insist work of courts and tribunals must continue either remotely or in person during fresh lockdown

The Lord Chancellor has said the vital work of courts and tribunals “can and should continue”, with the use of remote hearings wherever appropriate, during the latest national lockdown.
December 23, 2020

Health Secretary facing legal challenge over failure to provide sight-impaired people with shielding information in accessible format

A blind woman has brought a legal challenge over the government’s alleged failure to provide her with accessible shielding information during the COVID-19 pandemic.
December 22, 2020

Care proceedings taking significantly longer with fewer disposals within 26 week time limit: Ministry of Justice

The average time for a care or supervision case to reach first disposal was 40 weeks in July to September 2020, up seven weeks from the same quarter in 2019, the latest statistics from the Ministry of Justice have revealed.
December 14, 2020

Law firm sends letter before claim to Health Secretary over vaccine access of individuals with learning disabilities

A letter before claim was last week sent to the Secretary of State for Health, Matt Hancock, calling for individuals with learning disabilities to be granted priority access to the Covid-19 vaccine on an equal basis with other highly vulnerable adults.
December 09, 2020

Communities Secretary unveils “final” three-month extension to business evictions ban, launches review of commercial landlord and tenant legislation

The ban on business evictions has been extended until the end of March 2021, the Secretary of State for Housing, Communities and Local Government has announced.
December 09, 2020

Council holds off legal challenge over Tier 3 status for now after receiving response from government lawyers to pre-action letter

Stratford-on-Avon District Council has ruled out a judicial review challenge “at this stage” over ministers’ decision to place it in Tier 3 on the lifting of the latest lockdown, after the Government Legal Department responded to its pre-action letter.
December 07, 2020

Birmingham restaurateur pauses Tier 3 judicial review application following talks between local representatives and Westminster

A restaurateur representing some 256 businesses in the Birmingham area has paused a judicial review bid over the Government's decision to close pubs in Tier 3 regions in light of new, "constructive" talks between regional representatives and Westminster.
December 07, 2020

Government issues guidance on three new notices local authorities can issue against premises breaching COVID-secure rules

The Department for Health & Social Care has published guidance on the additional powers that came into force last week (2 December) and which allow local authorities in England to take action against premises that do not comply with COVID-secure rules.
December 04, 2020

MoJ issues call for competition for £2.5m housing possession mediation services pilot

The Ministry of Justice is to use an accelerated procedure for the procurement of a £2.5m, 6.5-month possession mediation services pilot.
December 02, 2020

MoJ to open three more ‘Nightingale’ courtrooms handling family cases at Westminster HQ

The Ministry of Justice is to open three additional ‘Nightingale' courtrooms at its headquarters that will handle family cases until summer 2021.
December 02, 2020

Court of Appeal urges consideration of rule changes to procedure for judicial review claims after dismissing challenge to ‘lockdown’ regulations

The Court of Appeal has expressed concern at the trend towards the “rolling” approach to judicial review and also “excessive prolixity and complexity” of grounds of challenge, after rejecting a businessman’s appeal over the ‘lockdown’ regulations made in…
December 01, 2020

Council sends pre-action protocol letter after being placed in Tier 3

A district council is to bring a judicial review challenge over the Government's decision to put it into Tier 3 after the current lockdown restrictions end.

  MORE FEATURES

January 08, 2021

Covid-19 Regulations – the enforcement role of local authorities

Horatio Waller looks at defining the enforcement role of local authorities and best practice on ‘designating’ officers for enforcement purposes.
January 08, 2021

Remote meetings: planning for permanence

Ed Hammond looks at the benefits of remote meetings and the likelihood the arrangements facilitating them will be put on a permanent footing.
January 08, 2021

Insolvency influx – the upsurge of CVAs

James Nelson examines the rise in Company Voluntary Arrangements, analyses their impact on commercial leases and explains how landlords, including public bodies and local authorities, can respond.
January 07, 2021

Children’s Social Care Tracker

This tracker from LexisNexis is focused on children’s social care and is intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to coronavirus (COVID-19) and children’s social care, where relevant to local government lawyers.
January 04, 2021

NAHT calls for school closures: the right to education during the second wave of Covid-19

Khatija Hafesji considers the Department for Education’s latest school closure and mass testing decisions and their implications for the right to education.
December 22, 2020

New local authority Covid enforcement powers

Gary Grant analyses the new enforcement tools that allow local authorities in England to take action against premises that do not comply with COVID-secure rules.
December 20, 2020

The Tier 4 Regulations: impact on businesses

Gary Grant sets out the key points for businesses from the Government's regulations implementing the new Tier 4.
December 18, 2020

Running elections in 2021 - What's changing?

Elections are now likely to take place in May 2021. What are the challenges facing returning officers and their staff, running elections in a coronavirus (COVID-19) environment and what is being done to address them? Mark Heath explains.
December 11, 2020

Coronavirus restrictions and interim steps appeals

Birmingham Magistrates’ Court has this week (10 December 2020) dismissed appeals against interim steps taken by Birmingham City Council on summary reviews of two premises licences that arose out of trading in breach of restrictions imposed on the hospitality sector as part of the response to the Coronavirus pandemic. Charles Holland explains why.
December 07, 2020

All Reasonable Measures: tidying up the Coronavirus, Restrictions Regulations and the law of unintended consequences

Charles Holland looks at how a “tidying up” amendment in the new All Tiers Regulations has removed an important obligation on the operators of a significant class of premises in Tier 3.
December 03, 2020

Coronavirus (COVID-19) – implications for property

The following Property practice note from LexisNexis provides comprehensive and up to date legal information covering the implications for commercial and residential property of the Coronavirus (COVID-19) pandemic.
November 27, 2020

Vaccinations for children

When it comes to vaccinations for children, what happens when there is disagreement either between parents or between parents and the local authority? Sophia Stapleton looks at the legal background.
November 20, 2020

Coronavirus (COVID-19) - Managing the Workplace

The following LexisNexis Employment practice note provides comprehensive and up to date legal information covering the management of workplaces during the Coronavirus pandemic.
November 09, 2020

Care and support for disabled and elderly people during ‘Lockdown 2’ in England - key legal considerations

Steve Broach and Sian Davies consider the implications of the second lockdown for people in need of care and support and the families and professionals involved in their lives.
November 06, 2020

DHSC care home visiting guidance

The Department for Health and Social Care has published its eagerly awaited care home visiting guidance for England. Alex Ruck Keene sets out the key points.
November 06, 2020

For COVID’s sake, get me to the polls on time!

Timothy Straker QC and Katharine Elliot analyse current law regarding local authority change of governance referendums, including in light of the COVID-19 pandemic.
November 04, 2020

The Lockdown 2 Regulations

Gary Grant and Charles Holland summarise the key points from the regulations implementing the latest national lockdown.
October 30, 2020

The effect of the pandemic on local authority governance

The Centre for Governance and Scrutiny has been keeping a watching brief on the way that councils are managing the pressures on governance arising from the pandemic, writes Ed Hammond.
October 26, 2020

Key considerations for stock transfer deals during the COVID-19 pandemic

With large numbers of homes expected to change hands over the coming 12–18 months, Susie Rogers and Wilson Tang consider what housing providers need to do to factor the current COVID-19 pandemic into their planning process.
October 23, 2020

Winter Plan: Impact on the deprivation of liberty safeguards

In the third in a series of articles by barristers at 39 Essex Chambers on the Winter Plan, Neil Allen considers whether the government's guidance on self-isolation constitutes a deprivation of liberty for those with reduced capacity.
October 22, 2020

Coronavirus (COVID-19) - Social Care Tracker

This LexisNexis tracker is intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to COVID-19, where relevant to social care lawyers.
October 22, 2020

Coronavirus: Regulation of business & enforcement of the three tier system

In this webinar, David Comb examines the National Three Tier system of regulating business activity in response to the Coronavirus pandemic, including enforcement of the regulations.
October 19, 2020

The 3-Tier Covid Regulations: Impact on Licensed Premises

Gary Grant and Charles Holland summarise the new system brought in through the 3-Tier Covid Regulations and focus on its impact on licensed premises.
October 16, 2020

Getting off the hook

Parishil Patel QC and Katherine Barnes provide a guide to securing release from contractual obligations and varying public contracts in light of COVID-19. [1]
October 16, 2020

The Winter Plan and the right to family life

In the second of a three-part series from 39 Essex Chambers on the Government’s Adult Social Care: COVID-19 Winter Plan 2020-2021, Steve Broach looks at the implications for the right to respect for private and family life.
October 09, 2020

Enforcement of self-isolation

Alex Ruck Keene looks at another minefield to navigate in the capacity context - how new requirements on self-isolation apply to those with impaired decision-making capacity.
October 09, 2020

Department for Health and Social Care Winter Guidance: issues for local authorities

Siân Davies provides an overview of the Department of Health and Social Care (non-statutory) guidance issued on 18 September 2020.
October 02, 2020

Data protection challenges of remote working

Samantha Smith looks at how organisations can handle the data protection challenges of remote working.
September 30, 2020

Mandatory decibel limits in hospitality venues

Charles Holland sets out the legislative background to the new music level requirement, and Peter Rogers reviews its effectiveness and enforceability in terms of an acoustic test.
September 30, 2020

The resumption of Part 55 CPR possession cases

Raghav Trivedi provides an outline of practice and procedure in light of the resumption of Part 55 CPR possession cases.
September 25, 2020

Proportionality and the Regulator’s decision to prosecute in the time of Coronavirus

Has the public interest test for prosecution been changed in the regulatory context by COVID-19? James Puzey analyses the issues.
September 24, 2020

The 24 September Coronavirus Restrictions

Gary Grant examines the main provisions of the latest coronavirus regulations imposing restrictions on opening hours and the service of food and drink.
September 18, 2020

Do local authorities have the power to impose a full scale local 'lockdown'? UPDATED

Christopher Bevan examines the powers available to local authorities particularly under Regulation 6 of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 in providing a local public health response to the incidence and spread of coronavirus.
September 18, 2020

Public law children case update: contact, nationality and stays

Georgina Dalton summarises the latest public law children rulings, covering issues such as contact during care, changing the nationality of children in care, and practice on granting short-term stays.
September 17, 2020

Employment law and Covid-19

This Employment guidance note from LexisNexis provides comprehensive and up to date legal information covering employment law issues arising from the Covid-19 pandemic.
September 15, 2020

The "Rule of 6" Coronavirus Regulations

Gary Grant sets out the key elements of the government's new 'Rule of 6' regulations.
September 11, 2020

Possession Notices – all change once more!

Alex Loxton sets out the government's proposed changes to the notice periods to be given to tenants when seeking possession of a property.
September 09, 2020

Data Protection and FOI/EIR requests – coming out of lockdown

Following the ICO's call for councils to make plans for returning to pre-covid levels of FOI work, Damien Welfare, Estelle Dehon, Isabella Buono and Rowan Clapp look ahead to the time when the regulatory environment returns to normal.
September 07, 2020

The LLG Grapevine 7th September

Deborah Evans, Dennis Hall and Helen McGrath look back over the summer and discuss reforms of the planning, the EU-UK future relationship, guidance for schools, algorithims and children falling behind, whether public services were fit to respond to the pandemic, devolution, equality and the solicitors disciplinary tribunal, and the National Institute for Health Protection.
August 28, 2020

COVID-19 and supplier relief

Mo Olatuja considers the implications COVID-19 has had on public contracts and the plans to provide supplier relief.
August 24, 2020

The 11th hour extension to the possession claim stay

Andy Lane and Tara O’Leary consider the late changes announced by the Government to extend the stay of possession claims beyond the 23 August deadline.
August 21, 2020

The 2020 Guidance on Statutory intervention and Localism

Paul Feild examines recent government guidance on statutory intervention into local authorities, and considers what councils should do to avoid it coming to pass.
August 21, 2020

Anti-social behaviour, rough sleeping and injunctions

In a rare occurrence, North Lincolnshire Council recently secured an injunction pursuant to the Anti-social behaviour, Crime and Policing Act 2014 in respect of two rough sleepers. The powers under section 1 of the Act tend to be used exceptionally and many Courts are unfamiliar with them, writes Ben Williams.
August 21, 2020

Public law children case update: August 2020

Georgina Dalton summarises the latest Court of Appeal and High Court Family Division rulings, which cover issues such as regulated placements, the inherent jurisdiction and habitual residence, and a flawed hybrid hearing during the pandemic.
August 14, 2020

Contact with children in care: COVID-19

The Court of Appeal has confirmed that the ordinary principles governing applications for contact with children in care continue to apply during the COVID-19 pandemic, even though outcomes may well be affected by the practical difficulties that are being faced. Hazel Samuriwo outlines the judgment.
August 14, 2020

Possession claims after the stay is lifted

Andy Lane explains and provides an overview of the post-23 August 2020 landscape for residential possession claims.
August 07, 2020

Public sector rent deferrals and State aid

Jonathan Branton and Lee Pickett look into some of the ways State aid issues can arise in public sector property transactions, the ramifications and ways to proceed within the rules.
August 07, 2020

Landlord’s knowledge of breach: waiver of forfeiture

The High Court has considered the interrelationship between a landlord’s knowledge and the date of accrual of a tenant’s liability and their effect on waiver of forfeiture. Lachlan Stewart examines the ruling.
July 31, 2020

COVID-19, care settings and deprivations of liberty

Rebecca Gowling analyses whether Care Quality Commission data suggests a rise in unauthorised deprivations of liberty.
July 31, 2020

Extreme urgency?

The judicial spotlight is now trained on Regulation 32(2)(c) and the direct award of contracts on the basis of extreme urgency, writes Rachel Whitaker.
Slide background