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  NEWS

May 22, 2020

High Court judge adjourns care proceedings so in-person hearing can be held

A High Court judge has adjourned care proceedings after concluding that evidence from the parties should be given at an in-person hearing.
May 21, 2020

Campaigners in legal threat over "failure to collect data on deaths of those with learning disabilities and autism during COVID-19"

Disability campaigners have sent a letter before action to five public bodies over what they say has been a failure to mandate the collection and publication of data on the deaths of people with learning disabilities and autism during the coronavirus pandemic.
May 20, 2020

Volume of work in Magistrates' Courts needs to be increased, says Lord Chief Justice

The Lord Chief Justice has sent a message to magistrates saying the volume of work in the Magistrates’ Courts needs to be increased.
May 19, 2020

City council stops using Care Act ‘easements’

Sunderland City Council is no longer using the Care Act ‘easements’ introduced by the Coronavirus Act 2020, it has emerged.
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  FEATURES AND ANALYSIS

May 21, 2020

Holiday pay and annual leave on furlough

Debra Gers examines the government guidance on holiday pay and annual leave for employees on furlough.
May 20, 2020

Pubs and the lockdown regulations

A pub licence has been revoked at a summary review hearing for breaking lockdown regulations. Gary Grant reports.
May 15, 2020

COVID-19 and inquests: an update with Peter Skelton QC

In this episode of Law Pod UK, Emma-Louise Fenelon and Peter Skelton QC discuss the recent changes in legislation and guidance concerning the Coronial jurisdiction since the outbreak of COVID-19 and the ways in which Coroners and practitioners are rising to meet the challenges faced in lockdown.
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  WEBINARS AND PODCASTS

May 22, 2020

School Admissions Appeals - New Coronavirus Regulations

VWV Education Partner Yvonne Spencer explains the new regulations that have been enforced in relation to schools admissions appeals.
May 20, 2020

Can planning meet the renewable energy challenge?

With experts saying that renewable energy could power an economic recovery from the Coronavirus, planning lawyers may soon be busy delivering renewable energy schemes. Philip Robson, Giles Cannock QC, Rebecca Williams, Chris Calvert and Peter Nesbit discuss.

 

May 19, 2020

Appeals in the First-Tier Tribunal Property Chamber

Vilma Vodanovic and Tom Tyson provide practical, step by step guidance on the appeals process, explaining the procedure, the distinctions from the civil courts and gives tips from both the Appellant and Local Authority's perspectives.
May 18, 2020

COVID-19 Weekly Brief: virtual meeting software

Tanya Corsie explores the various options for virtual meetings, covering online live streaming of meetings, the do's and don'ts of recording meetings, the need for moderators in large meetings, the role of good governance and policies, and what to do if your Councillors just don't have the technology.
May 14, 2020

The impact of COVID-19 on the construction sector

In this construction law webinar, the team at Blake Morgan discuss the impact COVID-19 is having on the construction sector.
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  MORE NEWS

May 15, 2020

Safeguards over deprivations of liberty are “indispensable” to frail and vulnerable, says senior judge, amid “striking and troubling” drop in number of s.21A applications

The view that careful adherence to proper legal process and appropriate authorisation of deprivations of liberty may now, at times, be required to give way to other pressing welfare priorities is “entirely misconceived”, the Vice President of the Court of…
May 14, 2020

Government launches taskforce on how pubs and restaurants can reopen safely

The Department for Business, Energy and Industrial Strategy (BEIS) is to lead a new ministerial-led taskforce for pubs and restaurants that will develop plans on how and when the sector can reopen safely.
May 14, 2020

Ministry issues guidance on compulsory purchase matters during pandemic

The Ministry of Housing, Communities and Local Government has published guidance for acquiring authorities on compulsory purchase matters during COVID-19.
May 13, 2020

Government to ease requirements on publicity and consultation in latest measures to help planning system operate during COVID-19

The Ministry of Housing, Communities and Local Government has announced further, temporary measures to make it easier to operate the planning system during the coronavirus outbreak.
May 12, 2020

Charity sends letter before action over regulations relaxing social care protections

Children’s rights charity Article 39 has threatened the Department for Education with legal action if it does not withdraw regulations aimed at assisting the children’s care sector during the COVID-19 crisis.
May 12, 2020

Pub hit with prohibition order “after drinkers found in cellar”

A pub landlord who breached coronavirus regulations a reported eight times since the end of March has been served a prohibition notice by North West Leicestershire District Council.
May 12, 2020

Court of Appeal rejects challenge over lawfulness of PD51Z staying possession proceedings: report

The Court of Appeal has upheld the lawfulness of Practice Direction 51Z, the Housing Law Practitioners Association (HLPA) has reported.
May 11, 2020

Disabled claimant to challenge NHS England guidance restricting hospital visitors

A disabled woman has sent a pre-action protocol letter to NHS England over its “Visitor guidance”, which imposes restrictions on those entering hospitals.
May 07, 2020

Council looks to furlough some staff and use Coronavirus Job Retention Scheme

Colchester Borough Council is set to furlough some of its staff, to limit the financial impact of the coronavirus crisis.
May 06, 2020

Court of Appeal judge to advise on ‘recovery’ phase for Family Court after lockdown

A Court of Appeal judge, Lord Justice Baker, has been invited to advise on the way forward for the ‘recovery’ phase for the Family Court after the lockdown, the President of the Family Division has revealed.
May 06, 2020

Research finds wide variation in family cases going ahead via remote hearings or being adjourned

Respondents to a rapid consultation on remote hearings in the family court commissioned by the President of the Family Division have reported wide variation in the kind of cases that are currently going ahead or being adjourned and in the level of support…
May 06, 2020

Judge rules terminally ill woman could leave care home to live with family despite COVID-19 restrictions

A Court of Protection judge has ruled that a dying woman should be removed from a care home where Covid-19 could have been present to spend her final days with her family, despite pandemic restrictions.
May 05, 2020

High Court judge decides to hear lay evidence remotely in hearing of application by local authority for care order

A High Court judge has decided to proceed with lay evidence remotely in a hearing of a local authority’s application for a care order in respect of a four-year-old child.
May 05, 2020

Administrative Law Bar Association issues guidance on preparing for remote hearings

The Administrative Law Bar Association has made a series of recommendations to assist advocates on how to prepare for, and effectively participate in, remote hearings in public law cases which do not involve oral evidence.
May 05, 2020

HM Land Registry makes temporary changes on identity verification, allows ‘Mercury signing approach’ for deeds

HM Land Registry has introduced temporary changes when verifying a person’s identity and for signing deeds, effective from 4 May.
May 04, 2020

Government hands £3m grant to law centres as part of support for charities during COVID-19

Law centres are to receive a grant of £3m from the government as part of its emergency support for charities during the coronavirus crisis.
May 04, 2020

Planning Inspectorate to hold first fully ‘digital’ hearing next week

The Planning Inspectorate has said its first fully ‘digital’ hearing in England is due to take place next week (11 May).
May 04, 2020

County council threatened with legal challenge over decision to use Care Act ‘easements’

Derbyshire County Council is facing a potential legal challenge over its decision to use the Care Act easements under the Coronavirus Act 2020.
May 01, 2020

Ombudsman issues guide to good administrative practice during coronavirus

The Local Government and Social Care Ombudsman has published a short guide on good administrative practice during the response to the COVID-19 pandemic, saying that when normal services resume, it will “inevitably” investigate complaints about what happened…
May 01, 2020

LLG and ADSO issue guidance on new regulations covering school admissions appeals

Lawyers in Local Government and the Association of Democratic Services Officers (ADSO) have produced guidance on new regulations changing the procedural and constitutional requirements in relation to school admission appeals.
May 01, 2020

Children’s Commissioner for England calls for revocation of “unnecessary” regulations relaxing children’s social care protections

The Children’s Commissioner for England, Anne Longfield, has sharply criticised the government’s relaxation of regulations relating to children’s social care, saying she does not believe that they are necessary except in one limited case.
April 30, 2020

Court of Appeal sets out ‘cardinal points’ on remote hearings and approach to public law children cases

The Court of Appeal has handed down rulings in the first two appeals relating to the welfare of children to have reached the court on the issue of remote hearings during the COVID-19 pandemic.
April 30, 2020

Department for Education relaxes statutory timescales in four sets of regulations relating to SEN system

Various statutory deadlines in four sets of regulations dealing with special educational needs and disabilities, principally those that relate to EHC [Education, Health and Care] needs assessment and plan processes, will be modified with effect from tomorrow…
April 30, 2020

Eight councils have used Care Act ‘easements’ so far, says Department of Health & Social Care

Eight local authorities have so far notified the Department of Health & Social Care (DHSC) of their use of the Care Act ‘easements’ introduced by the Coronavirus Act 2020, it has been confirmed.
April 30, 2020

Pub hit with prohibition notice after licensing teams found it open for business, customers said to be "hiding in cupboards"

South Yorkshire Police and Sheffield City Council have served a prohibition notice on a pub they alleged was open despite coronavirus restrictions.

  MORE FEATURES

May 13, 2020

Doing different and doing better

John Pugh-Smith considers how, more creatively, to ease the lockdown in a planning context.
May 13, 2020

COVID's Metamorphoses: the future of the social economy

Philip Kolvin QC and Alicia Scholer consider the long-term impact of COVID-19 on the future of the social economy.
May 12, 2020

Gambling and advertising controls

Jeremy Phillips QC examines the move to online gambling and the development of advertising and player controls during lockdown.
May 12, 2020

Locking down anti-social behaviour - an introduction to Public Spaces Protection Orders

In the third instalment of her series on community safety law during the lockdown, Kuljit Bhogal discusses Public Spaces Protection Orders.
May 12, 2020

SEN and COVID-19

Richard Freeth assess the changes made to special educational needs and disability (SEND) legislation as a result of the coronavirus pandemic.
May 12, 2020

Care planning, placement and case reviews during COVID-19

Daniel Benjamin assesses the impact of the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 on the care planning, placement and case review obligations of local authorities.
May 12, 2020

The monitoring officer during COVID-19

Allison Cook and Mark Heath consider the role of the Monitoring Officer in the coronavirus pandemic.
May 11, 2020

Time to go home

A recent clarificatory ruling in the Court of Protection has provided a helpful précis of the law on derogation from the European Convention on Human Rights, says Alison Harvey.
May 07, 2020

Coronavirus and completing Section 106 agreements

John Pugh-Smith examines some of the challenges around completing s.106 agreements during the coronavirus pandemic, and sets out some potential ways forward.
May 07, 2020

Article 8 breaches and local authority statutory duties

A recent case provides an important discussion of the positive duties of the state under Article 8 ECHR – and specifically, the issue of when an Article 8 breach may arise in the absence of any failure of a local authority to carry out its statutory duties, writes Arianna Kelly.
May 07, 2020

Local authority legal practice during COVID-19

What is it like working in local authority legal practice during the coronavirus pandemic? Matthew Dineen explains.
May 07, 2020

COVID-19: Houses in multiple occupation

Sonia Rai and Ben Maltz consider the issues around houses in multiple occupation during the coronavirus pandemic.
May 04, 2020

DNACPR orders during coronavirus

Victoria Mortimer examines issues around care planning and the use of DNACPR orders in the current crisis.
May 04, 2020

Late night levy in lockdown

This year, pub, club and restaurant owners will be paying a late night levy for premises they cannot open because of the lockdown. Philip Kolvin QC and Clare Eames explore two solutions.
May 04, 2020

School admissions appeals during COVID-19

Allison Cook reviews the government's recently introduced regulations covering school admissions appeals during the coronavirus outbreak, and outlines some key considerations.
May 01, 2020

Welsh remote meetings regulations - getting democracy moving in the lockdown?

The Welsh Local Authorities (Meetings) (Wales) Regulations 2020 differ from the England and Wales 2020 Regulations in a number of ways, including not requiring the public to be able to hear meetings. Annabel Graham Paul discusses their main features, interpretation, and thoughts for their application.
May 01, 2020

"I [still] want to break free”

Cynyr Rhys examines the potential headache of compliance with break conditions during COVID-19.
May 01, 2020

Construction and commercial contracts during COVID-19

The pandemic has already had a profound effect on business operations. With that in mind, Justin Mendelle and Helen Batter turn their attention to how contracting parties in the commercial and construction industries can protect themselves in existing and future contracts.
April 27, 2020

Coronavirus Act 2020: updated Practice Direction 51Z

Sian Evans and Karen Neald look at the updated Practice Direction 51Z and how it impacts on possession proceedings against trespassers.
April 24, 2020

Planning enforcement and COVID-19

Richard Harwood QC considers how Covid-19 might impact upon Planning Enforcement and, in particular, the effect of interruptions on the ability to establish lawful use or breach of condition by the passage of time.
April 24, 2020

Covid-19 and claimed rights of way

Stephen Whale and Evie Barden discuss the lessons learnt from a recent right of way case and consider whether landowners may be able to defeat claims for public or private rights of way where social distancing policies interrupt the use of ways.
April 24, 2020

Public sector property after the virus

Chris Plumley examines some of the early trends we are seeing in relation to public sector property during the coronavirus outbreak.
April 24, 2020

The Mental Capacity Act and DoLS

Eleanor Sibley sets out key points from government guidance on the approach to the MCA and the Deprivation of Liberty Safeguards during the COVID-19 pandemic.
April 24, 2020

Standards of care during COVID-19

What standard of care should hospitals be held to in the COVID-19 outbreak? James Todd QC and Emma Corkill look at the key considerations.
April 24, 2020

The Coronavirus Act 2020 – Adult social care and assessing needs

Stephen Knafler QC considers the Coronavirus Act 2020 and its far-reaching implications for adult social care.
April 24, 2020

Environmental Statements during the coronavirus

John Barrett and Martin Carter look in-depth at an applicant's obligation to publicise Environmental Statements during the COVID-19 crisis.
April 20, 2020

Plan Making during COVID–19

David Manley QC and Piers Riley-Smith analyse publicity and consultation requirements in relation to plan making during the Coronavirus outbreak.
April 17, 2020

Relieving Community Infrastructure Levy during the outbreak of coronavirus

When dealing with requests for relief from community infrastructure levy liabilities due to the impact of the coronavirus on entities' financial positions, authorities need to consider the possible state aid concerns, writes Kelly Stricklin-Coutinho.
April 15, 2020

COVID-19 and housing delivery

Sasha White QC and Anjoli Foster examine the first Inspector decision to comment on the impact of the COVID-19 pandemic on housing delivery.
April 15, 2020

COVID-19: contact with children in care

Mark Smith explores the legal principles that will give family practitioners their bearings and guide the court’s approach to contact with children in care through the coming weeks and months.
April 15, 2020

Possession proceedings - and alternatives - to counter Anti-Social Behaviour during COVID-19 lockdown : Should you stay, or should they go?

Peter Marcus explores the options that social landlords have to enforce against anti-social conduct committed in rented residential property, given the last month of impromptu legislation, guidance and procedural changes.
April 15, 2020

Focus on site notices

Sarah Reid and Constanze Bell examine the thorny issues around publicity for planning applications in the coronavirus outbreak.
April 14, 2020

Articles 3 and 8 in the time of coronavirus

Arianna Kelly looks at a new case with significant implications for local authorities using the Care Act ‘easements’.
April 14, 2020

COVID-19 and procurement processes

Procurement is one of those areas where, with some sensible and reasonable adjustments, progress can still be made during the coronavirus pandemic. Lucy Doran explains how.
April 09, 2020

PFI and PF2 projects during the coronavirus

The government has issued IPA guidance on PFI/PF2 projects during COVID-19. Olivia Blessington looks at what it says.
April 09, 2020

Coronavirus restrictions: local authority enforcement powers

The powers of local authority officers to enforce restrictions during the coronavirus outbreak are narrower than you might think, argues Horatio Waller.
April 09, 2020

The European Commission on public procurement during COVID-19

The European Commission has published a Communication “Guidance on using the public procurement framework in the emergency situation related to the COVID-19 crisis”. Susie Smith examines what it has to say.
April 09, 2020

Covid-19 scams and how to tackle them

Supplying counterfeit personal protection equipment (PPE), unproven health supplements purported to prevent infection and failure to supply paid for PPE are amongst a number of scams occurring during the COVID-19 crisis, say Cameron Crowe and Sabrina Goodchild, who look at the powers local authorities can use in response.
April 09, 2020

Case management during COVID-19 and applying to extend time in a section 204 appeal

Sarah Salmon discusses the court’s use of case management powers during the COVID-19 pandemic in a recent case and the importance of making an application to extend time in a s.204 Housing Act 1996 appeal.
April 08, 2020

Liberty, equality, the Court of Protection, and the coronavirus

Alison Harvey reports on an urgent Court of Protection hearing on whether it was in the best interests for an 84-year-old man to return home, given the total lockdown of his care home as a result of the coronavirus outbreak.
April 07, 2020

Care Act “easements” – meeting needs for care and support

Amid the current public health crisis, the Coronavirus Act 2020 has relaxed Care Act requirements for local authorities to assess or meet social care needs. Eleanor Sibley looks at these "easements".
April 06, 2020

School admission appeals – the new virtual reality?

Lisa Busch QC considers whether, in the absence of specific legislation, school admissions appeals can be heard using remote technology.
April 06, 2020

Virtual local authority meetings

The government has brought in new regulations handing local authorities greater flexbility when it comes to holding meetings. Richard Harwood QC analyses the key elements of the measures.
April 03, 2020

Coronavirus and Police use of drones

Ibrahim Hasan looks at the significant issues arising out of the police's use of drones during the coronavirus outbreak.
April 03, 2020

Coronavirus and local authority meetings in England and Wales

Alastair Lewis gives an overview of the regulations for local authority meetings in England and Wales during the COVID-19 crisis.
April 02, 2020

Coronavirus employment implications - FAQs

Allison Cook provides answers to frequently asked questions from public sector employers during the COVID-19 outbreak.
April 02, 2020

A life worth living

Nageena Khalique QC looks at Mostyn J's judgment in a novel case concerning withdrawal of life sustaining treatment in the Court of Protection’s first ever Skype trial.
April 01, 2020

Covid-19, social distancing and mental capacity

Victoria Butler-Cole QC, Sian Davies and Alex Ruck-Keene discuss the legal position where a person (“P”) lives in the community and declines to practice social distancing in circumstances where P does not (or may not) have capacity to make decisions about social contact in the circumstances of COVID-19.
March 31, 2020

Housing disrepair claims and the complications caused by coronavirus

Whilst there might be a decline in the number of new housing disrepair claims in the short term, there is likely to be a spike in claims once restrictions are lifted, write Matthew Lake and Matthew Wilson.
March 30, 2020

COVID-19 and housing law

Elizabeth England rounds up the key developments in housing law in the week commencing 23 March 2020 and considers what is next for possession and disrepair claims.
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