March 15, 2024
Amanda Schofield analyses a Court of Appeal ruling on the jurisdiction of the court to make a declaration that a marriage is not recognised as valid in England and Wales.
March 15, 2024
Darren Nicholls sets out key guidance on laying information and applying for a summons within time limits.
March 15, 2024
Condition precedents are common in various commercial agreements. Ewan Anthony and David Owens discuss the court’s general approach to considering contractual condition precedents, and whether, particularly after the recent case of Lancashire Schools SPC Phase 2 Limited v Lendlease Construction (Europe) Limited and Others [2024] EWHC 37 (TCC), the court may be prepared to disregard them.
March 15, 2024
Alex Line analyses a recent Upper Tribunal appeal concerning disability discrimination in schools.
March 14, 2024
The incoming RSH consumer standards are a catalyst for much wider changes to the regulatory environment for registered providers (RPs) from 1 April 2024, writes Peter Hubbard.
March 13, 2024
The London Borough of Southwark has successfully obtained the setting aside of parts of a final order made under s.84 of the Law of Property Act 1925 modifying covenants in a lease of a public house. Philip Rainey KC explains how.
March 13, 2024
A recent First-Tier Tribunal decision on banning orders highlights the importance of getting the Notice of Intention correct, writes Archie Maddan.
March 13, 2024
Alice Hughes, Tim Pearl and Janette Plummer round up the latest cases and court decisions of interest to housing associations and local authorities.
March 13, 2024
Clare Cullen considers a judicial review concerning indirect discrimination and applicants who have a medical support animal.
March 13, 2024
India Flanagan and Jack Barker examine the duty of candour in the context of housing related judicial review claims.
March 13, 2024
The Housing Ombudsman has recently identified the meaning of 'vulnerability' when it comes to social housing. Sarah Orchard and Deborah Jeremiah look at the report’s recommendations and set out the key risks for landlords.
March 13, 2024
Jackson Sirica looks at the challenges for local authorities when deciding who to prosecute for housing offences.
March 08, 2024
Roderick Morton analyses a recent case which examined, amongst other things, whether a permission can be considered implemented if there is deviation from the approved plans.
March 08, 2024
Jeremy Ogilvie-Harris and Hannah Taylor look at how conscientious and lawful out of borough offers of accommodation under Part 7 of the Housing Act 1996 can be made.
March 08, 2024
Can local plan policies require developers to go beyond national standards? Simon Ricketts analyses a recent Planning Court ruling.
March 08, 2024
It has been a busy year in the construction industry, write David Owens, Rachel Murray-Smith and Helen Arthur, with some standout legislative changes, including in relation to the Building Safety Act 2022, and the Government issuing a significant paper in respect of behaviours relating to PFI contracts.
March 08, 2024
It has been (another) year in which the Government has tried to carry out the tricky balancing act between getting more houses built and living up to its green credentials, write Alastair Lewis, Bernadette Hillman, Emily Knowles and James Goldthorpe.
March 08, 2024
Laura Cook and Melanie Carter consider the Information Commissioner's Office’s (ICO’s) recent enforcement notice, issued against Serco Leisure, and its newly published guidance on the use of biometric data.
March 08, 2024
Alison Marr analyses the transfer of public assets to community bodies in Scotland and the disconnect within part 5 of the Community Empowerment Act 2015.
March 08, 2024
A recent ruling from the Technology and Construction Court has suggested that voluminous documents will rarely be a breach of natural justice in adjudication, write Arjen Xani and Sarah Wilson.
March 07, 2024
Could empty homes strategies assist local authorities struggling to balance the books? Derin Taylor and Lyndon Campbell look at the options.
March 01, 2024
The Department for Levelling Up, Housing and Communities is to consult on a proposal to clear hurdles for developers of brownfield sites. Rita Bange examines the detail.
February 29, 2024
Jo Pickering, Aidan Dickinson, James Mallery-Nelson, Victoria Okafor and Christopher Watkins explore some of the main legislative changes brought in by the Levelling-up and Regeneration Act 2023 which are set to impact the local government and property sector(s).
February 27, 2024
What are the consequences if councillors are unable or refuse to set a budget? Geoff Wild explains.
February 27, 2024
An appellant has successfully overturned his conviction of a single count under the Malicious Communications Act 1988 over an email he sent to his town councillor. Chantel Gaber and Dominic Thomas analyse the Court of Appeal’s ruling.
February 27, 2024
Ed Hammond looks at how to improve relationships involving members, officers, and the public.
February 27, 2024
2024 is going to be the year of AI regulation. As the impact of AI increases in our daily lives, governments and regulatory bodies globally are grappling with the need to establish clear guidelines and standards for its responsible use. Ibrahim Hasan looks at the latest developments.
February 27, 2024
Matt Lewin looks at the legal issues arising out of allegations of bullying in public office.
February 27, 2024
With 2024 set to be an interesting year for employment law and practice, we have already seen some changes from 1 January 2024 and there are further changes on the way through this year and into 2025, write Julie Bann and David Leach.
February 23, 2024
Edward Cousins discusses the enactment of the Commons Act 2006, the introduction of comprehensive systems for the exchange of common land, and recent caselaw.
February 23, 2024
On 12 February 2024, mandatory Biodiversity Net Gain (“BNG”) officially arrived. Alastair Lewis, Emily Knowles and James Goldthorpe explore how BNG will need to be approached at the planning application stage.
February 23, 2024
Roderick Morton assesses the potential use of enforcement warning notices under s172ZA of the Town & Country Planning Act 1990.
February 23, 2024
Ibrahim Hasan looks at the issues raised police misuse of body worn camera footage.
February 22, 2024
The High Court has found that a local authority subjected a disabled asylum seeker to inhuman and degrading treatment for seven months. Gráinne Mellon and Nadia O’Mara explain why.
February 22, 2024
Philip Wood analyses a new case on the reasonable adjustment duty for schools under the Equality Act 2010.
February 22, 2024
Alex Ruck Keene KC (Hon) reports on a recent case that showed how demanding taking capacity seriously is – and should be.
February 22, 2024
Olivia McGonigle looks at the lessons to be learned from a recent Upper Tribunal ruling in relation to naming schools in EHC plans.
February 22, 2024
Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners.
February 22, 2024
Just before Christmas, the Department for Education (DfE) published its long-awaited draft guidance on gender questioning pupils, which has inevitably resulted in some controversy, writes Philip Wood.
February 22, 2024
Is it lawful for an EHC plan to specify home education – and if so, how? Katherine Anderson examines a recent Upper Tribunal ruling.
February 22, 2024
The placement of young people with complex needs is a problematic area that continues to cause concerns for all professionals and services. Frequently, the judiciary must adjudicate on whether they should use their inherent jurisdiction to deprive a child of their liberty. Queenet Awesu considers a recent Family Division ruling.
February 22, 2024
Katie Michelon summarises some recent developments in relation to Ofsted and highlights what we can expect next.
February 22, 2024
A High Court judge has said that whilst many surrogacy arrangements work very successfully, a recent case before her provided a graphic illustration of the difficulties that can be encountered if the arrangement breaks down. Eleanor Suthern analyses the ruling.
February 22, 2024
Alex Ruck Keene KC (Hon) analyses a recent High Court case where Poole J was required to dissect a difficult question.
February 22, 2024
Jim Hirschmann looks at what happens where a mandatory duty applies but a public body fails to discharge it, and examines the role of the Local Government and Social Care Ombudsman as a route of redress for the failures of councils in relation to SEND provision.
February 16, 2024
Matt Lewin looks at some of the legal issues arising from "political" resolutions passed by local authorities.
February 16, 2024
Joe Walker and Helen Arthur explain what a remediation order is and look at two recent cases to see how the First-Tier Tribunal has interpreted the framework for these.
February 16, 2024
Louise Thomson analyses a judgment containing valuable guidance on the use of intermediaries in the Family Court.
February 16, 2024
Matt Marsh looks at the options available to local authorities when they have concluded that their subsidiary companies are no longer required.
February 16, 2024
An inspector recently upheld an enforcement notice for a Lake District caravan. Stephanie Bruce-Smith explains why.