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SPOTLIGHT

April 29, 2025

Raising integrity voluntarily: The UK’s carbon and nature markets consultation

Steve Gummer explores the most recent consultation from the UK Government on making positive changes to carbon and nature credits.
April 29, 2025

Ofgem Approval of TM04+ Reforms – Fixing the Connection Queue

Steve Gummer and Tom Knox look into the Ofgem decision on a round of reform to the UK's energy grid.
April 29, 2025

Recorded Webinar: Re M [2025] EWCA Civ 440

Rachel Chan and Gemma Farrington KC guide us through the recent appeal against a court decision refusing a mother's application for an intermediary to assist her during a fact-finding hearing.
April 25, 2025

Home Truths - The Abolition of ASTs and s.21 No Fault Evictions

Stefan Liberadzki and Peter Jolley of 42BR discuss how new laws will bring about an end to the fixed term assured shorthold tenancy and s.21 notices.
April 25, 2025

Housing case law update: March/April 2025

Gavinder Ryait, Sarah Christy and Ian Larkins round up the latest housing law judgments of interest to local authorities and housing associations.
April 25, 2025

Publication of s106 planning obligations

The Court of Appeal has recently overturned a High Court ruling and found that the grant of planning permission by Isle of Wight Council for 473 dwellings was unlawful. Charles Streeten and Brendan Brett explain why.
April 25, 2025

The Supreme Court decision in For Women Scotland Ltd v The Scottish Ministers

Last week the UK Supreme Court delivered its unanimous judgment in the case of For Women Scotland Ltd v The Scottish Ministers, allowing the appeal and addressing the interpretation of the Equality Act 2010 in relation to gender reassignment and sex discrimination. David Welsh considers the outcome.
April 25, 2025

Transfers from hospital to social care

What are the key laws that need to be upheld when transferring people from NHS hospital to local authority social care? Elizabeth Ridley explains.
April 23, 2025

Honouring the Armed Forces Covenant

Geoff Wild examines the purpose of the Armed Forces Covenant and offers suggestions as to how local authorities can put it into practice.
April 22, 2025

Cross-examination in judicial review

The High Court has rejected a parish council’s claim of legitimate expectation in a dispute over whether a district’s leader made a binding promise in a local meeting about the route of a ‘greenway’. Charles Streeten and Michael Feeney analyse the ruling.
April 18, 2025

Job applicants and whistleblowing

Fergus McCombie and Louisa Simpson consider a recent Court of Appeal case concerning whether job applicants are entitled to whistleblower protection.
April 17, 2025

LDES cap and floor scheme: Ofgem launches first application window for long duration electricity storage

Jemima Allison and Steve Gummer provide insight into the opening of the first application window under Ofgem's new cap and floor regulatory scheme.
April 17, 2025

The Construction Products Reform Green Paper 2025: paving the way for wide scale change to the construction products regime

Rachel Murray-Smith, Melanie Blake and Laura Campbell explain the proposed reforms to the construction products regime.
April 17, 2025

Planning and Infrastructure Bill: Nature Recovery

Alastair Lewis and James Goldthorpe analyse major reform proposals to the way in which environmental obligations are discharged within the planning regime.
April 17, 2025

Improvement notices under part 1 Housing Act 2004

The Upper Tribunal has given judgment in an important case on appeals against improvement notices under Part 1 of the Housing Act 2004, writes Richard Miller.
April 17, 2025

Communications between judges and Equality Act assessors

The Court of Appeal recently considered questions around natural justice and judge-assessor confidentiality under the Equality Act 2010. Catherine Rowlands and Nicholas Grundy KC analyse the judgment.
April 17, 2025

New statutory obligations for public venues

James Mallery-Nelson discusses the legal requirements of Martyn’s Law.
April 16, 2025

Schools and claims by pupils for victimisation

A school has successfully defended a claim for victimisation brought by a sixth former. Susanna Bennett explains how.
April 16, 2025

Extra curricular programmes of education and residential placements

Martha Glynn and James Dix set out the key points from a recent Upper Tribunal decision on whether a young person should have a waking-day curriculum and a residential placement.
April 15, 2025

A bird’s eye view

His Honour Richard Harper explains the purpose of his new book, The Family Court in Practice: a safeguarding guide for all practitioners working with children.
April 15, 2025

What next for SEND law ?

Lauren Fullerton and Arran Dowling-Hussey look at what will happen next for SEND (special educational needs and disabilities) law.
April 15, 2025

Intermediaries and the test of necessity

A recent Court of Appeal ruling has emphasised that there is no warrant for overlaying the test of necessity when it comes to the appointment of intermediaries. Holly Hilbourne-Gollop examines the judgment.
April 15, 2025

Pupil behaviour and disability discrimination

Holly Littlewood considers the “reverse” burden of proof in claims for discrimination arising from disability under section 15 Equality Act 2010.
April 15, 2025

Siblings, adoption and competing Article 8 rights to family life

A Family Court judge recently had to consider the respective Article 8 rights to family life of two children in a context where the potential outcomes for one child were clearer than for the other. Victoria Steet examines the outcome.
April 15, 2025

Provision of same-sex intimate care

A recent judicial review decision found that there is no duty to provide same-sex intimate care. Ros Foster examines the case.
April 15, 2025

How schools should manage PFI contract expiry

Michael Winder offers his top tips to schools and local authorities for how to manage PFI contract expiries.
April 15, 2025

Navigating the complexities of deprivation of liberty for children under 16

Katie Viggers analyses a recent judgment that has brought to light the complex and often perplexing legal landscape surrounding deprivation of liberty (DoL) for children under the age of 16.
April 15, 2025

Court of Protection case update: April 2025

Niamh Brennan rounds up the latest Court of Protection rulings of interest to practitioners.
April 15, 2025

Discharge of care orders: what are the factors to consider?

Sara Chalk looks at the key points from a recent judgment that considered whether a care order should be discharged.
April 15, 2025

Children law update: April 2025

Michael Jones KC analyses the latest children’s law cases of interest, ranging from risk assessments to the designation of local authorities for the purposes of interim care orders.
April 15, 2025

Handling novel, contentious and repercussive transactions

The Department for Education has issued guidance published on novel, contentious and repercussive transactions. Katharine Robinson sets out the key points for colleges and academy trusts.
April 15, 2025

Staff misconduct and employment policies

Alexandra Addington looks at the lessons to be learned from a recent Court of Appeal ruling that without a 'no touching' policy it was unfair to dismiss an Ofsted inspector for brushing rain off pupil.
April 11, 2025

Lifting the automatic suspension: the need for evidence

A recent High Court ruling has emphasised the need for clear evidence in support of arguments both in favour and against lifting the automatic suspension in a procurement dispute, write Ed Williams, Vicky Pace and Nico Tilche.
April 11, 2025

The cost of free childcare

Siân McGibbon summarises an important recent High Court judgment considering the lawfulness of imposing mandatory “top-up” charges on parents accessing free early years education.
April 10, 2025

LDES cap and floor scheme: Ofgem launches first application window for long duration electricity storage

In a landmark step for the UK’s energy strategy, Ofgem has officially opened the first application window under its new cap and floor regulatory scheme for Long Duration Electricity Storage (“LDES”) projects, writes Sharpe Pritchard.
April 09, 2025

Local authority constitutions and the right of councillors to vote

The Supreme Court has handed down a landmark ruling on the lawfulness of a provision in a local authority's constitution which restricted voting by members on deferred applications for planning permission to those who had been present at the meeting or meetings at which the application had previously been considered. Philip McCourt set out the key points from the judgment.
April 09, 2025

When clear reasons are needed for granting permission

A Planning Court judge recently ruled that the reason given by a council for granting permission against officer advice did not deal adequately with the important principal issues of development in the countryside, sustainability and precedent. Lucy McDonnell looks at the lessons from the judgment.
April 09, 2025

Picking up the bill

Who is counting the coppers in the race for local nuclear plants? Fraser Sampson and Sue Chadwick look at how the planning system might both assess and mitigate security risks within the current legislative and policy context.
April 09, 2025

The problem with Biodiversity Net Gain

One year on from new legislation making biodiversity net gain (BNG) a legal requirement for developers, research shows it has delivered less than half the habitat expected. David Richardson looks at what’s holding BNG back.
April 09, 2025

Charging newly built housing stock – key considerations

Residential schemes are increasing in size and complexity, and this presents challenges for registered providers of social housing ("RPs") when raising finance against newly built properties. Hannah Jackson explores the risks and provides recommendations for RPs preparing for charging exercises where developments have been recently completed or are still ongoing.
April 09, 2025

Remediating the Building Safety Act?

In light of recent changes to the Building Safety Act regime, Cecilia Busby looks at the challenges in forcing developers and others to fund remediation.
April 09, 2025

Heat networks: What’s next

Ben Sheppard provides an update for commercial and industrial developers and heat users on heat network zoning in England, and takes a look at what’s next for heat network policy.
April 07, 2025

Refinements to the UK subsidy control regime

The Government has announced refinements to the UK Subsidy Control regime. Tim Pettman from the Department for Business and Trade sets out the key points.
April 04, 2025

High Court guidance on Article 3 engagement in care at home cases

David Lawson and Katherine Hampshire analyse the approach taken to human rights claims in claims against public bodies providing accommodation and social care. Such claims face significant hurdles and there is a growing body of guidance on where the boundary lies.
April 04, 2025

Thinking ahead

Philip McCourt and Kirtpal Kaur Aujla comment on the contractual and commercial tasks ahead for local government reorganisation.
April 04, 2025

When enough is enough – Court of Appeal decides against international placement

Deborah Shield and Avaia Williams review the Court of Appeal’s reasoning in a case concerning the placement options for a young boy, M, where the court was asked to grapple with placing the child for adoption or delaying proceedings and determination to support a possible family placement abroad.
April 04, 2025

Take it to the bridge

The High Court recently dismissed a wide-ranging judicial review challenge to the proposed Oxpens Bridge in Oxford. Meyric Lewis KC explains why.
April 02, 2025

Disability, duality, reasonable to occupy

What is the correct route to challenge a decision of the local authority that you consider amounts to disability discrimination? This was the question recently tackled by Fordham J in the High Court. Catherine Rowlands examines the outcome.
April 02, 2025

Manchester United’s new stadium proposals: a subsidy banana skin?

Oliver Slater and Beatrice Wood discuss the application of the subsidy control regime to Manchester United's plans for a new stadium and regeneration of the surrounding area.
April 02, 2025

Please mind the “registration gap”!

Niki Constantinou looks at the risks presented by the gap that appears between the completion of a transfer and the date when the transfer is registered by the Land Registry.

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