Oxfordshire CC Jan 20 Head of Legal 600

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The Monitoring Officer - changing approaches for a new decade?

Jan 24, 2020
Agility and speed of movement are qualities that both Monitoring Officers and their organisation will need to cultivate, writes Miranda Carruthers-Watt.

Unincorporated associations and public law claims

Jan 24, 2020
A High Court judge has found that unincorporated associations have capacity to bring public law claims. The ruling is potentially of wide application in public law cases, writes Jenny Wigley.

Complying with the MCA

Jan 24, 2020
A Court of Protection judge recently criticised a council for "chilling" failures to comply with the Mental Capacity Act. Sophy Miles explains why.

Section 73 changes – don’t let the Gremlins in

Jan 24, 2020
Roy Pinnock considers recent cases on Section 73 permsisions and examines the power to make non-material changes to planning permissions under section 96A of the Town and Country Planning Act 1990.

Climate emergency #6: have you thought about Procurement?

Jan 24, 2020
Phil Roberts and Matthew Mo set out how public procurement can play a role in tackling climate change.

Schools please note - annual reviews

Jan 24, 2020
Good preparation is key to the successful delivery of annual reviews of EHC Plans, writes Hayley Mason.

Agent of change planning appeals

Jan 24, 2020
The crossover between the licensing and planning regimes is growing and it is becoming less and less viable to administer either in a watertight compartment, writes Sarah Clover, after she successfully resisted an agent of change planning appeal.

Public procurement challenges require strict and swift approach

Jan 24, 2020
Gwendoline Davies and Lynsey Oakdene offer practical advice arising from a High Court decision in a recent public procurement challenge.

Legal privilege and the EIRs

Jan 24, 2020
A local authority was recently ordered to disclose legally privileged material under the Environmental Information Regulations 2004. Natasha Stay considers the ruling.

A tale of a whistleblower and two hats….

Jan 17, 2020
The Court of Appeal has recently considered for the first time whether alleged detriments against whistleblowers have to be suffered in their capacity as employees (or workers) rather than in any other personal capacity, and concluded that they do. Sarah Hooton reports.

Adult safeguarding and the Anti-social behaviour, Crime and Policing Act 2014

Jan 17, 2020
Kevin Chan explains how his local authority recently used the Anti-social Behaviour, Crime and Policing Act 2014 to safeguard a vulnerable man from abuse using a civil injunction.

(How) Can Planning Speed Up Delivery? Part 2

Jan 17, 2020
In Part 1 of a two-part series, Ralph Kellas considered the expectations and challenges around build out and some of the reforms proposed to address it. He now considers the implications of slow build out for local authorities and what they, and the planning system more broadly, can do to speed up delivery.

Places of learning

Jan 17, 2020
What is it like to work as an in-house solicitor in Higher Education? Sam McGinty reflects on the transition between local government and higher education and why he loves his job.

Climate emergency #5: have you thought about Funding and Investment?

Jan 17, 2020
With local authorities seeking to deliver on some of their declared priorities to address the climate emergency, attention is turning to how to fund some of the ideas and initiatives, writes David Hutton.

Diverse standards of parenting

Jan 17, 2020
The Court of Appeal recently rejected an appeal by a 'breatharian' mother against a special guardianship order. Georgina Dalton explains why.

Prosecutions of local authorities by the Care Quality Commission

Jan 17, 2020
In December 2019, the Care Quality Commission brought its first prosecution against a local authority. Lorna Kenyon said the case demonstrates the importance of considering whether to admit or contest a prosecution at an early stage.

Remedies in First-tier Tribunal discrimination claims

Jan 10, 2020
A recent Upper Tribunal decision has potentially far-reaching implications for schools considering excluding pupils with disabilities, write Tom Amraoui and Rachel Sullivan.

(How) Can Planning Speed Up Delivery? Part 1

Jan 10, 2020
In the first of two articles Ralph Kellas examines the factors behind slow' build out rates and analyses proposed ways to tackle the issue.

Elephant, Dove, Old Oak, RICS

Jan 10, 2020
It is time to return to fundamentals when it comes to the delivery of social housing, writes Simon Ricketts, as he reviews recent developments in relation to two major projects.

Tackling unregistered schools

Jan 10, 2020
Ambiguities in the legislation present problems for local authorities seeking to deal with "illegal schools", write Alice Mennell and Graham Burns.

Siblings in care proceedings

Jan 10, 2020
Kate Clarkson explores the issue of sibling contact in care proceedings and explains why it should be a higher priority.

Rectification of written contracts – a mistake corrected

Jan 10, 2020
Max Thorowgood and Jonathan Pennington Legh analyse a recent Court of Appeal ruling on the rectification of contracts.

Neurodiversity in the workplace: hidden disabilities

Jan 10, 2020
Mark Radford looks at recent cases on hidden disabilities and outlines some steps employers can take when dealing with neuro-diverse employees.

Grants of planning permission and consistency

Jan 10, 2020
A challenge to a district council’s decision on grounds of consistency was recently rejected. Saira Kabir Sheikh QC looks at the lessons of the case.

Placement of looked after English children in Scotland

Jan 10, 2020
Justin Gray provides an analysis of the current law on placement of looked after English children in Scotland that will be of interest to child care lawyers and solicitors, including those acting for local authorities.

The CSPL Review of Ethical Governance and Bullying

Jan 03, 2020
Paul Feild looks at what the Committee for Standards in Public Life has recommended in relation to bullying and sets out the actions councils can take to address the issue.

The St Modwen test and deliverability

Jan 03, 2020
The Court of Appeal has clarified the St Modwen test for deliverability, writes Michael Bedford QC.

Case management and expert evidence

Jan 03, 2020
In a recent case the Vice-President of the Court of Protection made some important comments in relation to case management. The CoP team at 39 Essex Chambers reports.

Determining exclusivity: Lone v London Borough of Hounslow

Jan 03, 2020
In the first appellate court decision on the issue, the Court of Appeal has confirmed that the Valuation Tribunal ("VT") has exclusive jurisdiction to determine disputes relating to the calculation of Council Tax and that this jurisdiction excludes a freestanding common law claim in restitution. Shomik Datta analyses the case.

Governing in uncertain times

Jan 03, 2020
Victoria Jardine and Peter Hubbard assess the latest developments in relation to governance issues for social landlords.

The Electronic Communications Code and interim rights

Jan 03, 2020
The Court of Appeal has recently given an important ruling on interim rights under the Electronic Communiciations Code. Jonathan Seitler QC explains the outcome.

Public authorities, statutory powers and village greens

Dec 20, 2019
Francis Taylor Building comments on a Supreme Court judgment on village greens that will prove hugely significant for landowning public bodies.

The Conservative majority and local government

Dec 20, 2019
Peter Ware asks what the recent Conservative majority in parliament will mean for the future of local government.

FGM protection orders and the asylum jurisdiction

Dec 20, 2019
Srishti Suresh analyses an important recent decision from the President of the Family Division on the relationship between the family courts and the immigration jurisdiction.

Strike out: When?

Dec 20, 2019
The Employment Appeal Tribunal has recently provided helpful pointers to practitioners on the relevant factors an Employment Tribunal should consider when entertaining an application to strike out, writes Gareth Price.

Assumption of responsibility

Dec 20, 2019
Andrew Warnock QC asks the question many involved with the public sector have been asking since the Supreme Court ruling in Poole v GN – when does an 'Assumption of Responsibility' arise?

Telephone kiosks, advertising and permitted development rights

Dec 20, 2019
The Court of Appeal has handed down a judgment dismissing an appeal over telephone kiosks and permitted development rights. Saira Kabir Sheikh QC explains why.

The Guildford Local Plan challenge: key issues for plan-makers

Dec 20, 2019
James Findlay QC and Robert Williams examine the High Court's recent dismissal of three statutory challenges to the adoption of the Guildford Local Plan.

Social landlords and water charges

Dec 17, 2019
A recent ruling in the High Court in a test case on water re-selling has led to claims that local authorities and housing associations could face having to refund millions of pounds to tenants. Simon Kiely and Anna Moon analyse the judgment.

Housing benefits, human rights and possession claims

Dec 17, 2019
Public sector and private sector landlords need to know about a recent housing benefit ruling from the Supreme Court, write Karl Anders and Deborah Brown.

Assessment of housing needs

Dec 17, 2019
John Murray considers a recent case in which the Court reviewed London Borough of Haringey's assessment of a homelessness application.

Investing public money in district heating

Dec 17, 2019
Steve Gummer and Catherine Maddox analyse an important recent decision from the European Commission that will be helpful to authorities considering district heating schemes.

Strasbourg and the 'bedroom tax'

Dec 17, 2019
Alex Ewing considers an important ruling from the European Court of Human Rights on the so-called 'bedroom tax' that could have potentially significant implications for the way in which discrimination cases are approached in the future.

Financing of licensing schemes

Dec 13, 2019
The Court of Appeal has held that there is no general legal principle that licensing schemes are intended to be self-financing, write Gerald Gouriet QC, Charles Streeten and Leo Charalambides.

The Court of Appeal on 'secure accommodation'

Dec 13, 2019
The Court of Appeal last month handed down a significant judgment on 'secure accommodation'. Tom Harrill sets out the main points.

Granting assured and assured shorthold tenancies

Dec 13, 2019
This practice note from LexisNexis explains the criteria for assured tenancies (AT) and assured shorthold tenancies (AST) and the exceptions to those criteria, the main terms of AT and ASTs, the position regarding succession, and summarises a landlord’s obligations in respect of energy efficiency, gas safety and other health and safety obligations, right to rent and tenancy deposits.

Compulsory purchase of ACV-listed public houses

Dec 13, 2019
Christopher Cant looks at the lessons to be learned from the recent compulsory purchase of a public house that was listed as an asset of community value (ACV).

Overlapping planning permissions: which one is valid?

Dec 13, 2019
The High Court has recently revisited the principles for determining the validity of overlapping consents. Gary Soloman and Alex Minhinick highlight the key points for landowners, developers and local authorities.

Capacity, the inherent jurisdiction and self-neglect

Dec 13, 2019
A judge was recently asked to resolve a case where there was disagreement as to the jurisdictional basis upon which the Court of Protection was being invited to impose care on a man against his will as being in his best interests. The Court of Protection team at 39 Essex Chambers analyse the ruling.

S.103A and concealed reasons

Dec 13, 2019
The Supreme Court has confirmed that a Tribunal may find that the reason for the dismissal is something other than that given to the employee by the decision-maker – even where that reason is genuinely held by the decision maker. Gareth Price reports.

Accidents arising from street furniture

Dec 13, 2019
A council has been fined £1.4m after a child suffered a life-changing head injury on a street bollard. Ridwaan Omar examines the lessons to be learned.

Compensation under the Assets of Community Value Regime

Dec 06, 2019
Christopher Cant looks at the lessons to be learned from a First-tier Tribunal case on compensation claims under the Assets of Community Value (ACV) regime.

It’s not always the council’s fault: Gorringe reprised

Dec 06, 2019
Following a tragic accident where the claimant was struck by a London bus whilst crossing a road sustaining multiple serious injuries, Central London County Court has struck out the claimant’s claim against a London borough. Steven Conway explains why.

Climate emergency #4: have you thought about Retrofitting?

Dec 06, 2019
Maxim Laithwaite, David Hutton and Nathan Bradberry analyse how local authorities and registered providers can use retrofitting to help deliver on climate emergencies.

Climate emergency #3: have you thought about New Housing?

Dec 06, 2019
In the latest of a series of articles on how local authorities can respond to a climate emergency, Maxim Laithwaite and David Hutton consider the opportunities provided by new housing?

Independent adjudicators, the Prison Rules and implied powers

Dec 06, 2019
A recent Divisional Court judgment is of interest to prison lawyers but also to public lawyers as it deals with important points of law in relation to the interpretation of the Prison Rules and the "implied powers" principle, writes Geeta Koska.

Poor performance and exclusion of bidders

Dec 06, 2019
In a recent case the Court of Justice of the European Union has provided guidance on applying exclusions to potential problem bidders. Rebecca McLean reviews the judgment.

Powers to control anti-social behaviour under the Anti-social Behaviour, Crime and Policing Act 2014

Nov 29, 2019
This guidance note provides a comprehensive and up to date overview of powers to control anti-social behaviour under the Anti-social Behaviour, Crime and Policing Act 2014, Reform of anti-social behaviour powers (2014), Part 1 Civil Injunctions and Part 2 Criminal Behaviour Order (CBO).

Heads up on 'material considerations'

Nov 29, 2019
You really can’t buy a planning permission, the Supreme Court has said. Mark Lowe QC and Estelle Dehon report on a significant ruling in a case involving proposed community donations and the grant of planning permission for a wind turbine.

Climate Emergency #2 - have you thought about Planning?

Nov 29, 2019
Kathryn Lawrance considers how local authorities can use their planning role to further the climate change agenda.
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