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The recovery of tuition fees

Sep 24, 2021
Imogen Proud analyses the decision of the High Court in SS Education v CCP Graduate School Ltd to deny the recovery of tuition fees under the Education (Student Support) Regulations 2011.

Mandatory off site schooling other than by statutory exclusion

Sep 24, 2021
A recent High Court case considered whether schools and local authorities can mandate that a child – against the wishes of the child's parents – must attend off-site education at another school. Jonathan Auburn QC analyses the ruling.

Are you ready for UK GDPR 2.0?

Sep 24, 2021
Ibrahim Hasan sets out the key points from the Government's consultation on a revamped data protection regime.

The Subsidy Control Bill 2021: key questions for Parliament to consider

Sep 24, 2021
Jonathan Branton and Alexander Rose outline some key issues with the Subsidy Control Bill as it reached the second reading in Parliament this week.

Vaccinating 12 to 15 year olds

Sep 24, 2021
Stephanie McGarry and Alistair Taylor consider the Government’s updated guidance on Covid-19 vaccination of 12 to 15 year olds.

Fixed recoverable costs in housing conditions claims

Sep 24, 2021
The Government has decided to extend fixed recoverable costs to all civil claims, including housing conditions claims. Matthew Lake analyses the impact of the move.
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Procurement and the UK Hydrogen Strategy

Sep 24, 2021
Kyle Duggan, Victoria Croshaw, Emily Heard analyse procurement issues in relation to the use of hydrogen in the transport sector.

Fixtures or fittings?

Sep 24, 2021
Although the facts related to a commercial dispute, the Technology and Construction Court’s recent approach to determining if something is a fixture or fitting applies across a range of legal areas, write Clive Adams, Stathis Kosteletos and Elena-Lucia Singleton.

Gillick competence, puberty-blockers and the Court of Appeal

Sep 24, 2021
Alex Ruck Keene examines the Court of Appeal’s ruling in the high-profile case on referrals for the prescription of puberty-blockers to children and young people under 18.

Civil claims in schools

Sep 24, 2021
Katherine Langley explores some of the more common types of claim that arise in a school setting to provide insight into the principles that will be considered when civil claims are brought and steps that can be taken by schools when implementing policies and procedures.

Looked after children in unregulated settings

Sep 20, 2021
What should local authorities do in the case of looked after children under 16 who are placed in unregulated settings after 9 September 2021? Samantha Broadfoot QC investigates.

Which local authority pays for aftercare after repeated detentions?

Sep 20, 2021
Leon Glenister takes a look at the Department of Health & Social Care's current position on determinations on s117 Mental Health Act 1983 disputes.

Social care funding: rapid response note

Sep 17, 2021
Fenella Morris QC, Sian Davies and Arianna Kelly analyse the Government's proposals for social care funding reform and look at the key issues for local authorities.

Local Government - new starter guide

Sep 17, 2021
The following LexisNexis practice note is aimed at trainee solicitors and those who are new to Local Government and explains the role of local government lawyers and provides an overview of the primary legal disciplines they will encounter.

You can never be too diligent - the issue of know your client

Sep 17, 2021
Paul Feild considers the risk to local authorities posed by money laundering and the importance of carrying out due diligence properly in their transactions.

Housing disrepair claims and costs

Sep 17, 2021
Social landlords who do not challenge costs are potentially overpaying by tens of thousands of pounds in some of these matters. Alex Bagnall explains how they can secure significant reductions.

Public procurement update

Sep 17, 2021
Lynsey Oakdene and Kathryn Vickers consider recent decisions on the role of expedited trials in maintaining automatic suspensions and the admissibility of expert evidence; other notable cases; and the government’s newest judicial review reform proposals.

The Court of Protection and “the most complex Covid patient in the world”

Sep 17, 2021
Alex Ruck Keene looks at the latest ruling by the Vice President of the Court of Protection on the withdrawal of treatment in a COVID context.

Subsidy Control Bill - The General Principles

Sep 17, 2021
In the first in a four-part series David Owens and Edward Reynolds review the Subsidy Control Bill.

Reversibility of works affecting heritage assets

Sep 17, 2021
The High Court recently dismissed a claim for judicial review of a decision to grant planning permission and listed building consent for a rear extension to a listed residential dwelling in Cambridge. Jack Parker explains why.

Asserting a statutory right

Sep 17, 2021
Peter Doughty examines the protection under s.104 Employment Rights 1996 (ERA) afforded to an employee from being dismissed for asserting a statutory right.

Relief from sanctions

Sep 15, 2021
Desmond Kilcoyne unpacks the relief from sanctions principles, considering the Denton test, applications for an extension of time, applications in respect of failure to comply with orders or otherwise which are outside the scope of Denton, alongside a look at practical guidance on preparing to apply for relief from sanctions.

Service of documents in civil proceedings: A lesson in getting it right

Sep 10, 2021
Lynsey Oakdene and Kathryn Vickers highlight a recent judicial review case in which the claim form was set aside because it was served late and the court declined to exercise its case management powers.

Mandatory Vaccination for Care Home Workers in England – Update

Sep 10, 2021
Rachel Murray-Smith and Francesca Gallagher look at the detail of the government's guidance on compulsory vaccination for care staff.

Placing children in Scotland

Sep 10, 2021
What do English local authorities need to know when placing a child in Scotland? Ellen Crofts and Lucia Clark explain.

LEPs and public funding

Sep 10, 2021
A Government review of Local Enterprise Partnerships is expected to lead to significant changes in how public funding is delivered in England, write Jonathan Branton and Alexander Rose.

Another month, another immunity case. Another question ducked by the court?

Sep 10, 2021
Roderick Morton analyses an appeal against a decision of an inspector to dismiss the appellant's appeal against an enforcement notice issued by a council in respect of the unauthorised conversion of a property into two flats.

Notification to the biological father

Sep 10, 2021
Fran Massarella reports on an appeal against an order refusing a mother’s application for permission to dispense with the requirement for the local authority to give notice of the proceedings to the child’s biological father.

Capacity and the limits of decision-specificity

Sep 10, 2021
Alex Ruck Keene examines what can be learned from a Court of Protection judge's ruling on whether a woman had capacity in a range of areas.

Education authorities can resist requests for statement in appropriate circumstances

Sep 10, 2021
John Roberts explains how an education authority sought to resist an appeal in the Special Educational Needs Tribunal for Wales (‘Tribunal’).

Rapid response to the health and social care changes

Sep 09, 2021
On 7 September 2020, the Government announced changes to the funding of health and social care in the form of an increase in national insurance and a cap on individual care costs. In this webinar from 39 Essex Chambers, Fenella Morris QC, Sian Davies and Arianna Kelly respond to the plan.

Homelessness and eligibility

Sep 07, 2021
This LexisNexis Local Government practice note, produced in partnership with Iris Ferber of 42 Bedford Row, provides comprehensive and up to date legal information covering the eligibility of applicants for housing assistance.

Where are you? The “missing” witnesses and drawing an adverse inference

Sep 06, 2021
Andrew Lane reports on a recent trial of a possession claim where the issue of adverse inferences was raised.

What is climate change litigation?

Sep 03, 2021
The following LexisNexis Environment practice note produced in partnership with Katharina Theil of Leigh Day and Richard Lord QC of Brick Court Chambers provides comprehensive and up to date legal information on the rise of climate change related litigation.

Looked after children and secure accommodation after 9 September

Sep 03, 2021
David Lock QC considers the looming crisis for children in local authority care being deprived of their liberty. What should local authorities do for looked after children in secure accommodation on 9 September?

Challenge to Cherwell Local Plan review dismissed

Sep 03, 2021
Jenny Wigley QC, Leon Glenister and Rupert Warren QC examine the High Court’s dismissal of a challenge to the Cherwell Local Plan review.

Staying away from work because of Covid: a trap for employers?

Sep 03, 2021
Hari Menon looks at the problems that arise for employers where an employee stays away from work, pointing to the risks to his health from potentially contracting Covid.

Electric vehicles and landowners – it’s time to get plugged in!

Sep 03, 2021
David Hobbs looks at some key issues for public sector landowners to consider when providing electric vehicle charging points.

Revocation of adoption orders

Sep 03, 2021
The Court of Appeal recently heard an appeal against an order dismissing an application by the birth mother of three children to revoke an adoption order made in respect of those children. Fran Massarella looks at the outcome.

Auxiliary aids and reasonable adjustments: a reminder

Sep 03, 2021
Charles Pigott considers the lessons of a recent ruling on the third element of the duty to make adjustments.

How to get section 21 and deposits right

Sep 02, 2021
Iris Ferber and Andrew Carter discuss how to navigate the numerous rules in play in regards to deposits and section 21 notices.

Intercountry Adoption – a Birds Eye View of Legal Landscape focusing on Local Authority duties in these complex cases - LexisNexis

Aug 27, 2021
Ruth Cabeza, barrister and author of the text, International Adoption, from Harcourt Chambers and Joy Hopkinson, Principal Social Care Lawyer from London Borough of Lambeth, discuss the issues for local authorities dealing with overseas placements both in a private and public law context.

Public Law Proceedings and the 1996 Hague Convention

Aug 27, 2021
Henry Setright QC and Chris Barnes consider a recent decision of the High Court examining the use of the 1996 Hague Convention in the context of public law proceedings.

Long COVID: What is it and how should employers deal with it?

Aug 27, 2021
Andrew Rayment, Laura McLellan and Kendel Shepherd look at the issues created by Long Covid and set out some practical steps for employers.

Forced academisation

Aug 27, 2021
Can the Department for Education force schools to academise? Laura Sherratt analyses a recent High Court ruling.

Litigation Friend appointments and costs

Aug 27, 2021
The High Court has ordered that a Defendant is not liable for costs incurred arising from a dispute over who the Litigation Friend should be. Sean Linley reports.

Commercial leases and unpaid rent

Aug 27, 2021
Are we turning a corner? Priya Sejpal examines the Government Policy Statement on COVID-19 enforcement and rent recovery restrictions for commercial leases.

Fuzzy and uncertain boundaries

Aug 27, 2021
David Nuttall looks at the implications for the law of boundaries from a recent High Court ruling.

Gambling law: at-a-glance guide

Aug 26, 2021
This LexisNexis Local Government practice note produced in partnership with Carl Rohsler of Memery Crystal provides comprehensive and up to date legal information covering the legal issues most pertinent to the gambling industry.

Make your mind up! Liquidated Damages clause upheld despite Employer’s challenge

Aug 26, 2021
In the recent case of Eco World Ballymore (EWB) v Dobler[1] , an Employer took the unusual position of challenging their own entitlement to liquidated damages (LDs) on the ground that the LDs provision constituted an unenforceable penalty clause. Clare Mendelle and James Goldthorpe investigate.

Revocation orders, compensation and judicial review

Aug 20, 2021
A council has avoided liability for compensation for the effects of a rare “revocation order” made by them to revoke a planning permission granted in error for residential development by launching a Councillor-led judicial review of the grant after the revocation order proceedings had commenced. Meyric Lewis explains what happened.

Disclosure in without-notice injunctions

Aug 20, 2021
A recent County Court case offers a reminder of the importance of being thorough and objective while discharging the duty of disclosure in without-notice injunctions, writes John Murray.

Discharging medically fit children from hospital during a shortage of accommodation

Aug 20, 2021
Gemma Brannigan explains how two NHS Trusts recently obtained a High Court Order to require a child to be removed from hospital.

Local authority failings: a way out?

Aug 20, 2021
Natalie Cross looks at the lessons to be learned from a ruling where a High Court judge was heavily critical of a local authority in care proceedings.

Road investment and climate change

Aug 20, 2021
The Government’s £27bn Road Infrastructure Strategy has been found to be lawful. John Litton QC and Andrew Byass analyse the High Court’s ruling.

The Road Infrastructure Strategy and climate change

Aug 20, 2021
The Government’s £27bn Road Infrastructure Strategy has been found to be lawful. John Litton QC and Andrew Byass analyse the High Court’s ruling.

Defending nuisance claims

Aug 20, 2021
Stuart Whitehead reports on how a social landlord successfully defended a case brought by a tenant involving an alleged infestation of a property.

Discrimination claims: the burden of proof

Aug 20, 2021
The Supreme Court has confirmed that claimants bear the initial burden of proof to establish a prima facie case in discrimination claims. Hilary Larter, Zoë Wigan and Ceri Fuller examine the ruling.

Delivering 21st-century customer experience in the public sector

Aug 19, 2021
Rachel Buchanan examines how legal teams should support their authorities in delivering tailored services at a time of restrained resources.

Are Collateral Warranties Construction Contracts? Timing is Key.

Aug 19, 2021
Clare Mendelle and Anna Sidebottom examine the recently decided case of Toppan v Simply[1], which has provided guidance on when collateral warranties may be considered “construction contracts” under the Housing Grants, Construction and Regeneration Act 1996 and so give the warranty holder the right to adjudicate.
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