Cheshire East

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Applying for planning permission - procedure

Jan 21, 2022
This planning practice note from LexisNexis outlines the procedure of applying for planning permission.

Bucking the Trend on Specific Performance Buckinghamshire Council v FCC Buckinghamshire Limited

Jan 21, 2022
Clare Mendelle and James Hughes highlight the wide definition of Third-Party Income and the measures the courts are prepared to take to enforce the terms of longstanding contracts, by analysing the Buckinghamshire Council v FCC Buckinghamshire Limited case.

EOTAS and suitability

Jan 21, 2022
Ilona Roberts and Bethany Hutchison consider the issue of ‘suitability’ in light of a recent EOTAS (‘education otherwise than at school’) case.

The Colston 4 and the listed building

Jan 21, 2022
Richard Harwood QC examines the relationship between listed building legislation and the decision to acquit the 'Colston 4'.

Planning enforcement orders and mixed use

Jan 21, 2022
The High Court has handed down judgment in a “significant” planning case considering the scope of a planning enforcement order where there is a mixed use, writes Leon Glenister.

PFI: time for a check-up

Jan 21, 2022
James Larmour looks at the key themes in the Infrastructure & Projects Authority’s (IPA’s) Phase 1 PFI Expiry Health Learnings Report.
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Council tax and ‘self-contained units’

Jan 21, 2022
Sarah Sackman and Aidan Wills report on an important Council Tax case on the test for a ‘self contained unit’.

Allowing employees to respond to all allegations

Jan 21, 2022
A recent Employment Appeal Tribunal ruling in a case involving a council and an employee who attended a counter-demonstration shows that employers should convey all disciplinary allegations and consider alternatives to dismissal, writes Lindsey Hill.

Remedying breaches of the Public Sector Equality Duty

Jan 17, 2022
Is it possible to remedy a breach of the public sector equality duty (PSED)? Katherine Apps analyses an important Court of Appeal ruling.

Coronavirus (COVID-19) - implications for property

Jan 14, 2022
Lexisnexis analyse the implications of COVID-19 on property.

Child Law Update

Jan 14, 2022
Michael Jones reviews some of the most signifcant public law children cases of 2021.

The Government’s response to the Transforming Public Procurement consultation: what will change and what will not?

Jan 14, 2022
Juli Lau, Colin Ricciardiello, Beth Edwards and Natasha Barlow analyse the Government’s response to the Transforming Public Procurement consultation.

Carriageways, footways and standards of maintenance

Jan 14, 2022
Shaun O'Neil and Nicola Hyam report on a recent case where a claimant sought to argue that a village road in the Lakes should have been maintained to the standards of a footway.

Shared ownership – reverse staircasing

Jan 14, 2022
Jonathan Jennings looks at what is involved where a shared ownership leaseholder wants to reduce their ownership share.

Court of Appeal cooks the (Canada) Goose

Jan 13, 2022
The Court of Appeal has allowed an appeal by 15 councils over whether final injunctions can be granted against ‘newcomers’. Ranjit Bhose QC and Wayne Beglan analyse the ruling.

Momentum for Heat Network Roll Out Gathers Pace

Jan 13, 2022
Steve Gummer discusses the increased momentum for a Heat Network Rollout.

Unconscious Bias, Discrimination and a Warning to Public Sector Employers

Jan 13, 2022
Christian Grierson and Julie Bann discuss two employment tribunal judgements, which provide a stark warning to public sector employers about unconscious bias and discrimination.

The 'right to manage' and shared estate facilities

Jan 12, 2022
In a key ruling on the 'right to manage' and wider estate facilities, the Supreme Court has overturned the Court of Appeal's ruling in Gala Unity. Simon Allison and Kimberley Ziya consider the implications.

Levelling up – A new opportunity for further devolution in England?

Jan 07, 2022
Rob Hann explores the Government's 'levelling up' policy and looks at whether it is an opportunity for further devolution in England.

Waste is only waste if we waste it*

Jan 07, 2022
Michael Mousdale examines the measures in relation to waste enforcement and regulation set out in Part 3 of the Environment Act 2021 and assesses their impact on local authorities.

First Homes: model Section 106 agreement

Jan 05, 2022
The Government has issued model s106 agreements for use with First Homes delivered through developer contributions. Stuart Tym examines the detail.

Property guardianship companies and HMO licensing

Jan 04, 2022
Property guardianship companies and a director were recently held liable for failing to licence premises as a House in Multiple Occupation (HMO). Tara O’Leary explains the ruling.

Time limits for commencing proceedings in procurement challenges

Jan 04, 2022
Colin Ricciardiello discusses a landmark procurement challenge judgment on the time limit for commencing proceedings.

Too little too late: a successful PSED challenge to a possession order

Jan 04, 2022
The Court of Appeal recently considered the impact of the public sector equality duty (“PSED”) on a claim for possession of rented residential premises; in particular, whether an earlier breach of the PSED can latterly be remedied, and to what extent. Robert Winspear analyses the ruling.

Stay Class-E

Jan 04, 2022
The Court of Appeal has ruled that the Secretary of State’s amendments to the General Permitted Development Order (GPDO) and the Use Classes Order (UCO) were not unlawful. Megan Forbes reports.

Have you gotta have faith?

Dec 22, 2021
Scott Mounfield explores the concept of good faith in the context of construction contracts for public bodies, and what the recent decision in Van Oord Ltd v Dragados Ltd does for this area of law.

Application for licence for 24-hour delivery of alcohol turned down

Dec 22, 2021
A district judge has upheld a council’s decision to refuse a licence for 24-hour London alcohol delivery in London. Horatio Waller explains why.

The Electronic Communications Code and what local authorities need to know

Dec 22, 2021
Emma Barnfield and Jeni Hanstock set out some of the issues that local authorities need to be aware of when it comes to the Electronic Communications Code.

Public law children case update

Dec 21, 2021
Mary Brodie looks at recent judgments of the Court of Appeal and the High Court in public law children proceedings.

Boosting supply of supported housing and integration of housing, health and care

Dec 17, 2021
Caroline Mostowfi examines government measures that seek to address demand for supported housing.

Home education, content, local authority policy (Goodred v Portsmouth City Council)

Dec 17, 2021
David Wolfe considers the practical implications of the Goodred v Portsmouth City Council case, looking at Home education, content and local authority policy.

Procurement challenge with no real prospect of success struck out (Adferiad Recovery Ltd v Aneurin Bevan University Health Board)

Dec 17, 2021
Siân McGibbon conducts a public law analysis on the Adferiad Recovery Ltd v Aneurin Bevan University Health Board case.

The Revised National Planning Policy Framework: Better design, greener outcomes?

Dec 17, 2021
Alastair Lewis and Sarah Wertheim outline the latest National Planning Policy Framework changes and explain how future developments will be impacted by the new rules.

Decisions to defer further consideration

Dec 17, 2021
The High Court has confirmed that the requirement to 'grasp the intellectual nettle' of a previous, inconsistent planning decision does not extend to 'minded to' positions reached as part of an inchoate decision-making process. Josef Cannon and Wayne Beglan report.

Reform or revolution?

Dec 17, 2021
How is Practice Direction 57AC bedding down? Marion Smith QC, Joe-han Ho, Ruth Keating and Philippe Kuhn look at its impact.

First things first

Dec 17, 2021
Trevor Watt considers the lessons to be learned from a recent High Court ruling in relation to preliminary issues in procurement disputes.

The Environment Act 2021

Dec 17, 2021
The Environment Act 2021, which received Royal Assent on 9 November 2021 following extensive debate in Parliament, introduces important requirements and changes for planners and developers, writes Ruth Keating.

Loose talk costs money: Oral agreement to forego liquidated damages was valid

Dec 16, 2021
Michael Comba outlines and analyses a contract dispute resolution: Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2972 (TCC)

Procurement reform – an update

Dec 16, 2021
Radhika Devesher and Natasha Barlow provide a summary of the proposed and enacted changes to the UK procurement regime post-Brexit.

The Public Procurement Review Service Report: Procurement Pitfalls and How to Avoid Them

Dec 16, 2021
Juli Lau and Beth Edwards examine some of the most common procurement pitfalls and provide a checklist of points for local authorities to bear in mind in order to avoid costly errors.

JCT Dispute Adjudication Board Rules: a case of “three’s a crowd”?

Dec 16, 2021
Peter Jansen who specialises in construction law and dispute resolution, examines the roles and functions of the JCT’s Dispute Adjudication Board and highlights some key considerations for parties planning to adopt the Rules in their JCT contracts.

New year, new public procurement thresholds

Dec 10, 2021
The thresholds for calculation purposes will now be inclusive of VAT and therefore will be proportionately lower than previously. Katherine Calder, Emily Broad and Phoebe Baxter consider the new thresholds.

Domestic Abuse Act 2021 - commencement update

Dec 10, 2021
LexisPSL conduct an analysis on the Domestic Abuse Act 2021.

Why the revised Prudential Code matters to monitoring officers

Dec 10, 2021
Monitoring officers need to make sure they are fully aware of the changes being introduced through the revised 2022 Prudential Code for Capital Finance in Local Authorities, writes Paul Feild.

Requiring the Information Commissioner to progress data breach complaints

Dec 10, 2021
The Upper Tribunal has clarified powers to require the Information Commissioner to take “appropriate steps” to progress complaints of a data protection breach, write Maya Lester QC and Jacob Rabinowitz.

The black box of the judicial visit to P

Dec 10, 2021
The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection cases, writes Alexander Ruck Keene.

Over-reliance on ‘waking day curriculum’

Dec 10, 2021
The Upper Tribunal has warned of the dangers of over-reliance on ‘waking day curriculum’, overturning a First Tier Tribunal decision. William Haslam looks at the lessons to be learned.

FOI under attack

Dec 10, 2021
Last week, a government minister called the Freedom of Information Act (FOI) a “truly malign piece of legislation”. Ibrahim Hasan looks at what the comments tell us.

Proof positive? Admissibility of redacted documents

Dec 10, 2021
Katie Gray examines recent Court of Appeal guidance on the redaction of documents being made available to the Court.

Post COP26 – Where now for Local Government and Net Zero?

Dec 10, 2021
Laura Hughes sets out the key points for local authorities following the conclusion of COP26 in Glasgow.

The Electric Vehicle Revolution or…

Dec 09, 2021
Emily Knowles discusses new legislation on the requirement of electric vehicle charging points, and its potential impact on the Electric Vehicle Revolution.

Consultation on the Electronic Communications Code – What’s Changing?

Dec 09, 2021
Lillee Reid-Hunt outlines the legislative changes to the Electronic Communications Code.

You Must Adjudicate First NEC3 imposes obligation to adjudicate first before commencing court proceedings.

Dec 09, 2021
Michael Comba discusses NEC3 imposing an obligation to adjudicate first before commencing court proceedings.

The Supreme Court on capacity to consent to sexual relations

Dec 03, 2021
The Supreme Court recently handed down a landmark ruling on capacity to consent to sexual relations. Anna Dannreuther analyses the judgment.

The Commercial Rent (Coronavirus) Bill: the Code of Practice

Dec 03, 2021
In the third article in a three-part series on the Commercial Rent (Coronavirus) Bill, Edward Blakeney and Mattie Green examine the accompanying Code of Practice.

Exaggerations and fundamental dishonesty

Dec 03, 2021
Adrian Neale considers the question of when a claimant’s exaggeration of injury can be said to be deliberate and dishonest, following a recent appeal brought by a local authority.

Service charge machinery and clauses for recovery of costs

Dec 03, 2021
A Court of Appeal judgment provides guidance for residential and commercial landlords on how service charge machinery and clauses for the recovery of costs are to be construed. James Fieldsend and Edward Blakeney analyse the ruling.

Empty white space in a data hall operated by an IT company forms part of a rateable hereditament

Dec 02, 2021
LexisPSL analyse a case in which empty white space in a data hall operated by an IT company forms part of a rateable hereditament

Rocking aground the Christmas tree

Dec 02, 2021
Clare Mendelle and George Dale discuss and solve a common construction scenario, looking at the position under the Contract, and how the Employer should deal with the Contractor's request.
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