One Source Aug 20 Composite 600 final

Tower Hamlets July 20 Composite 600

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LexisNexis Gross Legal Product (GLP) Index: Quantifying legal demand growth and the impact of COVID-19

Aug 07, 2020
LexisNexis has built a data model to track growth in demand for legal services – the Gross Legal Product Index, or GLP. The report provides a framework for quantifying the impact of COVID-19 on your sector.

Who is in charge of the PFI Train?

Aug 07, 2020
Rob Hann, former Head of Legal at 4ps/Local Partnerships, gives his unique insight into the pending expiry of many PFI contracts in the local government sector and asks who will take responsibility for the next generation of local government assets and services, an issue that is becoming ever more urgent…..

Public sector rent deferrals and State aid

Aug 07, 2020
Jonathan Branton and Lee Pickett look into some of the ways State aid issues can arise in public sector property transactions, the ramifications and ways to proceed within the rules.

Consideration of private evidence and carer’s needs under the Care Act 2014

Aug 07, 2020
A recent judgment highlights the importance for local authorities to carefully consider privately-obtained evidence in Care Act 2014 needs assessments and how a carer’s needs interact with those of a person needing care, writes Arianna Kelly.

A new lease of life for public space injunctions?

Aug 07, 2020
What can councils do to obtain an injunction after the Bromley judgment? Jack Smyth looks at the lessons from the first hearing after the Court of Appeal ruling.

Departing from the standard method

Aug 07, 2020
The Court of Appeal has recently issued a judgment covering the tilted balance, settlement boundaries and the standard method for calculating objectively assessed housing need. Howard Leithead sets out the key points.
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The lawfulness of the registration process in disability discrimination claims

Aug 07, 2020
Jennifer Thelen analyses a recent Upper Tribunal school exclusion case which considered – and criticised – the process of “registering” claims for disability discrimination operated in the First-tier Tribunal.

Landlord’s knowledge of breach: waiver of forfeiture

Aug 07, 2020
The High Court has considered the interrelationship between a landlord’s knowledge and the date of accrual of a tenant’s liability and their effect on waiver of forfeiture. Lachlan Stewart examines the ruling.

Continuing care decisions and children

Aug 07, 2020
A claimant recently brought a successful irrationality challenge to an NHS continuing care decision. Michael Armitage and Ciar McAndrew explain how.

Lockdown powers for local authorities

Aug 05, 2020
Tiffany Cloynes examines the powers that local authorities in England have been given to introduce local lockdown measures to tackle local outbreaks of the coronavirus.

COVID-19: What’s worrying lawyers?

Jul 31, 2020
Elizabeth Rimmer of LawCare examines some of the issues encountered by lawyers when working remotely during the pandemic.

The concept of “Openness” - 2020 vision at last?

Jul 31, 2020
It is, perhaps, one of the many oddities as well as ironies of 2020, so far, that having been in national “lockdown” the Higher Courts have produced more planning jurisprudence on the concept of “openness” this year than ever before, writes John Pugh-Smith.

Alcohol and capacity

Jul 31, 2020
A recent case heard by the Vice President of the Court of Protection, Hayden J, raises three important points about the interpretation and application of sections 2 and 3 of the Mental Capacity Act 2005 (‘MCA’) in the context of alcohol addiction, writes Tony Harrop-Griffths.

One size fits all? Considering children law cases on their facts

Jul 31, 2020
A recent judgment of the Court of Appeal should serve as a reminder to practitioners in the field of Children Law that each case has to be considered on its peculiar facts and by reference, where applicable, to the welfare checklist in section 1 of the Children Act 1989 or the enhanced welfare checklist contained in section 1 of the Adoption and Children Act 2002, writes Richard Alomo.

Taking the Diploma

Jul 31, 2020
Rob Hann reflects on how studying for the Law Society's Diploma in Local Government Law and Practice became a pivotal moment in his long and varied local government career.

The Mental Health Act, s117 after-care and ordinary residence

Jul 31, 2020
The Court of Protection team at 39 Essex Chambers explain the background to the government's change of approach to ordinary residence for s.117 after-care.

COVID-19, care settings and deprivations of liberty

Jul 31, 2020
Rebecca Gowling analyses whether Care Quality Commission data suggests a rise in unauthorised deprivations of liberty.

Extreme urgency?

Jul 31, 2020
The judicial spotlight is now trained on Regulation 32(2)(c) and the direct award of contracts on the basis of extreme urgency, writes Rachel Whitaker.

The End is in Sight – but what then?

Jul 29, 2020
The government has set out how possession proceedings will be dealt with once the stay ends next month. Jane Talbot looks at the proposed approach and the issues that could arise.

Draft Building Safety Bill Published

Jul 29, 2020
The Government has published draft legislation that it says will provide the “biggest improvements to building safety in nearly 40 years”. Jonathan Turner and Louise Robling look at the key points.

Access all areas: facilities rights are a big deal

Jul 29, 2020
Roy Pinnock and Amy Carter look at the thorny issue of access to facilities in larger schemes.

Stock Transfer RPs and the use of mandatory ground 7A

Jul 29, 2020
Yetunde Dania analyses a recent housing law case which, she says, will be a source of comfort to Large Scale Voluntary Transfer (LSVT) registered providers of social housing when they are seeking to recover possession based on ground 7A.

Renegotiating LSVT sharing agreements

Jul 29, 2020
We are seeing a steady stream of stock transfer housing associations re-negotiate their historic sharing agreements that originally formed part of their transfer agreement. Rob Beiley looks at the opportunities this presents.

Helping Registered Providers raise funds quickly and efficiently in challenging times

Jul 29, 2020
The current pandemic has demonstrated not only the volatility of the financial markets but also the resilience and attractiveness of social housing as a safe haven for investors. David Moore, Louise Leaver and Deborah Rowntree discuss how registered providers can get the most out of the shift towards social housing.

Wholesale reform for residential leaseholders

Jul 29, 2020
Following the Law Commission's report on the valuation aspects of enfranchisement rights in January, the Commission has now published its recommendations as to what enfranchisement rights should be. William Bethune looks at what the law reform body has to say.

Upper Tribunal revisits "What is an HMO?"

Jul 29, 2020
It is vital that landlords, tenants and local authorities all understand when a property should properly be classed as a House in Multiple Occupation (“HMO”). Christopher Hoskins outlines a recent Upper Tribunal case which revisited this issue as it affects blocks of self-contained flats.

Housing case law update: July 2020

Jul 29, 2020
Paul Lloyd, Sarah Christy and Catherine Craven round up the latest housing law cases from the county court to the Court of Appeal.

Landlord licensing in Wales

Jul 29, 2020
Must a landlord in Wales be licensed to serve a notice under section 8 of the Housing Act 1988? Justin Bates and Kimberley Ziya report on an important Court of Appeal ruling.

So the Liberty Protection Safeguards are delayed until April 2022 - what should I do now?

Jul 28, 2020
In this webinar, Alex Ruck Keene discusses what LPS thinking can be incorporated now, what to do about community deprivation of liberty and the missing cohort - what to do about 16 and 17-year-olds.

Statutory taxi and private hire vehicle standards

Jul 27, 2020
Philip Kolvin QC examines the statutory and philosophical underpinning of the Statutory Taxi and Private Hire Vehicle Standards, together with their implications for licensing regulation.

Discharge of deputies appointed by the Court of Protection

Jul 24, 2020
Lee Parkhill sets out the lessons to be learned after a council applied to the Court of Protection to be discharged as a property and affairs deputy in seven cases.

Waste planning in a commercial context

Jul 24, 2020
A High Court judge recently ruled that Essex County Council was entitled in 2019 to terminate a 25-year contract for the processing of household waste. Stephen Tromans QC explains why.

Interpreting green wedge policy

Jul 24, 2020
Paul G Tucker QC and Constanze Bell analyse a recent Court of Appeal judgment regarding the interpretation of green wedge policy.

Coronavirus – accentuating the differences

Jul 24, 2020
V. Charles Ward looks at the issues thrown up by the COVID-19 pandemic in relation to exchange of contracts, transfer of funds, and due diligence identification.

Data Protection Officers and conflicts of interest

Jul 24, 2020
Samantha Smith examines a recent Belgian case where a data protection officer was found to have had a conflict of interest.

Procurement: how to reduce the risk of fraud

Jul 24, 2020
Following publication of a government review into the risks of fraud and corruption in local government procurement, Matt Marsh looks at what local authorities and other public bodies can do to tackle the issue.

Deferral of CIL

Jul 24, 2020
Christopher Cant looks at the government's proposals on the deferral of the Community Infrastructure Levy and sets out areas of concern for local authorities.

Varying and enforcing s106 obligations Part 5: Money claims and ADR

Jul 24, 2020
In the fifth and final article in Landmark Chambers’ series on varying and enforcing s. 106 obligations, James Maurici QC, Kate Olley, Heather Sargent, Matthew Henderson and Nick Grant mop up some miscellaneous matters by looking at money claims and other dispute resolution.

The public sector in the new normal

Jul 24, 2020
Jenny Dickson sets out five trends that are likely to develop in the public sector in light of the coronavirus - and looks at their possible consequences.

Possession proceedings

Jul 20, 2020
Helen Tucker and Bex Sembuuze discuss how social landlords can get to grips with what's happening with possession cases during the evictions ban/possession stay.

Navigating school admission appeals during coronavirus

Jul 20, 2020
Yvonne Spencer considers the changes to school admissions appeals due to coronavirus and how they should be handled.

Failure to remove cases and assumption of responsibility

Jul 17, 2020
A court recently refused to strike out claim against social services for failure to remove a child at risk of abuse, even when that child a) was not in custody and b) there was no averment that social services had made matters worse. William Chapman explains why.

Disclosure of staff names in FOI requests

Jul 17, 2020
Ibrahim Hasan sets out the key considerations for public authorities when an FOI request calls for the disclosure of staff names.

Religion and fostering

Jul 17, 2020
The High Court recently ruled that a Christian foster service must allow gay parents to sign up as carers. Aileen McColgan QC analyses the judgment.

FOIA appeals and enforcement: who has the power?

Jul 17, 2020
When the First-tier Tribunal decides an information rights appeal and finds in favour of the requestor, who has the responsibility for enforcing any non-compliance with that judgment? Is it the FTT, or is it the Information Commissioner? Christopher Knight examines an interesting judgment.

Deliverability and calculation of a five-year housing land supply

Jul 17, 2020
The National Planning Policy Framework (NPPF) definition of ‘deliverable’ is not a closed list, explains Josef Cannon.

Lifting the stay

Jul 17, 2020
A County Court judge has been persuaded to use its discretion to lift the general stay on possession cases in order to enable a claim to be finalised. Anya Newman explains why.

Lockdown and local authority commercial development income

Jul 17, 2020
Rob Hann sets out the background to local authorities' investment in commercial property and examines why it has proved so controversial.

The rules for independence day...and beyond

Jul 16, 2020
Charles Holland, Gary Grant and Leo Charalambides provide an in-depth summary of the regulations to remove the closure restrictions that had been imposed on English restaurants, cafes, bars and public houses to tackle COVID-19.

Service provision decisions, ordinary residence, and coronavirus and social care

Jul 16, 2020
In this instalment of Landmark Chambers' webinar series on adult social care, Stephen Knafler QC (Chair), Yaaser Vanderman and Leon Glenister discuss service provision decisions, ordinary residence and local authority responsibility, and coronavirus and social care.

Environmental law update

Jul 16, 2020
Celina Colquhoun, Rachel Sullivan and Stephen Tromans QC provide a case law update on air quality, climate change and other recent environmental decisions.

Joint planning across authority lines

Jul 16, 2020
The second webinar of their series analysing key elements of the local planning process sees Michael Bedford QC and Dr Ashley Bowes discuss joint planning across authority lines.

COVID-19 Recovery: What’s in the Business and Planning Bill?

Jul 15, 2020
In this webinar, a cross-chamber group of barristers analyse the Business and Planning Bill, discuss changes to the community infrastructure levy, and give an update on remote decision making and publicity and consultation issues during the COVID-19 era.

Should I stay or should I go?

Jul 15, 2020
James Castle considers whether the automatic stay on possessions imposed by CPR PD 51Z applies to appeals to possession orders in the light of the Court of Appeal decision in London Borough of Hackney v Okoro [2020] EWCA Civ 681.

Variation and Enforcement of s106 Obligations – Part 4: Enforcing by way of injunction

Jul 14, 2020
In the fourth article in a series by a group of Landmark barristers on the subject of the variation and enforcement of s106 obligations, James Maurici QC, Kate Olley, Heather Sargent, Matthew Henderson and Nick Grant explore the law on enforcing s106 obligations by way of injunction.

Planning - six-month update

Jul 14, 2020
Stuart Evans and Rachel Sutcliffe look at the latest legislative, case law, guidance and policy updates in planning law over the last six months.

Providing accommodation and support to those with an irregular immigration status

Jul 14, 2020
Since March 2020 there has been a phenomenal effort by local authorities to help those sleeping rough into accommodation in light of the danger posed by COVID-19 but now there is increasing concern about what to do next. Catherine Rowlands, Peggy Etiebet and Tara O'Leary discuss the next steps for local authorities.

Encouraging greener travel

Jul 13, 2020
Shivaji Shiva discusses the changes local authorities are making to their transport policies to encourage greener modes of transport in cities.

Localism Act power does not enable a local authority to provide health services

Jul 10, 2020
In a recent judgment, The Hon. Mr Justice Mostyn described a claim that a local authority could provide tracheostomy care for a child pursuant to the general power of competence in s. 1 of the Localism Act 2011 as ‘misconceived’. Christine Cooper summarises the judgment.

The reality of buying AI

Jul 10, 2020
Gemma Nash and Matthew Mo consider the implications of the government's new Guidelines for Artificial Intelligence Procurement.
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