Features

December 20, 2024

Bold ambitions

Amardeep Gill and Paul McDermott analyse the government’s English Devolution White Paper.

December 18, 2024

Best interests, wishes and feelings

Alex Ruck Keene KC (Hon) looks at a recent Court of Protection ruling that provided a worked example in an imperfect world.

December 18, 2024

Lies in family law proceedings

Avaia Williams analyses a recent Court of Appeal judgment which provides insight into the handling of lies and credibility in family proceedings. The case clarifies the treatment of lies in family courts, particularly as it relates to fact-finding in child welfare cases and the distinction between the criminal and family courts.

December 18, 2024

Children law update - December 2024

Michael Jones KC rounds up the latest children law cases of interest to practitioners.

December 18, 2024

Capacity, sexual relations and public protection – another go-round before the Court of Appeal

Alex Ruck Keene KC (Hon) analyses the latest Court of Appeal judgment to consider the issue of capacity to engage in sexual relations.

December 18, 2024

Revocation of adoption orders

Joanna Moody considers whether, and if so in what circumstances, an adoption order can ever be revoked.

December 18, 2024

Adoption records – PLWG best practice: a guide

In a second article on the Public Law Working Group’s recommendations for best practice for adoption, Avaia Williams considers Chapter 2, which covers the crucial issue of access to adoption records.

December 18, 2024

Adoption and contact: where do go from here?

Mark Senior reviews recent developments in relation to adoption and contact, and considers what will happen next.

December 18, 2024

Post adoption contact – PLWG best practice: a guide

In this first article in a series covering the Public Law Working Group’s recommendations for best practice for adoption, Avaia Williams delves into Chapter 1 of the PLWG report, which addresses a pivotal topic for professionals and families involved in adoption proceedings: post-adoption contact.

December 18, 2024

A guide to Transparency Orders

Claudia Saxton provides a simple breakdown guide in relation to transparency orders; who may be granted a transparency order and what may they report on.

December 17, 2024

Mind the gap(s)

Lottie Winson speaks with the Local Government and Social Care Ombudsman, Amerdeep Somal, about her plans to address “accountability gaps”, challenges within the Special Educational Needs and Disabilities (SEND) system, and the key findings and recommendations of the Ombudsman’s recently published Triennial Review.

December 17, 2024

Complying with the Public Sector Equality Duty

In his latest bulletin for monitoring officers, Geoff Wild looks at how local authorities should approach the public sector equality duty.

December 17, 2024

Comments about accents

The Employment Appeal Tribunal (EAT) has ruled that comments about an employee's accent can amount to race-related harassment under the Equality Act 2010, even without evidence of discriminatory intent. Alastair Fatemi analyses the judgment.

December 17, 2024

Changes in death certification

V. Charles Ward examines recent changes to death certification following the statutory adoption of the medical examiner system, and outlines their implications for local authorities.

December 17, 2024

Raising new substantive arguments at appeal stage

The Employment Appeal Tribunal (EAT) has ruled in a case involving a local authority that it would not be in the interests of justice to allow a claimant to raise a new argument on appeal, despite acknowledging an error in the Tribunal’s decision. Gareth Edwards explains why.

December 17, 2024

Adherence to the Public Law Outline in London – issues for family lawyers

Rebecca Davies discusses the Family Presiding Judge for London, Mr Justice MacDonald’s new practice note and strategy aimed at reducing the huge backlog and delay in the London family courts and how family lawyers may be affected.

December 17, 2024

What to do about the Re C problem?

Justin Gray explores solutions to the risk of children being able to veto their own care plans for long-term living arrangements in Scotland.

December 17, 2024

Care proceedings and recusal

Gary Fawcett considers two recent care cases he has dealt with recently where ‘recusal’ has cropped up.

December 16, 2024

The Subsidy Advice Unit: Making a Referral

Beatrice Wood talks through the process of making a referral to the Subsidy Advice Unit.

December 16, 2024

DfE’s Condition Improvement Fund – CMA Launches Investigation into Possible Bid-Rigging

Oliver Slater, Beth Edwards, Beatrice Wood and Shyann Sheehy share details of a recent CMA investigation into suspected bid-rigging in relation to a government fund.

December 16, 2024

Planning Reform – Government Publishes Policy Paper on Modernising Planning Committees

Emily Knowles and James Goldthorpe provide an update on the recent policy developments in planning law.

December 16, 2024

Webinar: NEC101 – Compensation Events, an introduction

Join Laura Campbell (Sharpe Pritchard) and Robert Gerrard (NEC Consultant) for this webinar as we go over NEC Compensation Events – what common mistakes people make, general advice and best practice.

December 13, 2024

Providing support for children with complex needs

Alex Ruck Keene KC (Hon) examines a recent High Court case concerning the Mental Health Act, ‘detainability,’ and judicial scrutiny (and the real underlying problems of children with complex needs).

December 13, 2024

Making FGM protection orders

A High Court judge recently made some important observations on the making of FGM protection orders in the future. Adam Kayani examines the ruling.

December 13, 2024

Know your dispute resolution clauses

Natasha Davison and Chloe Poskitt set out the key take-aways from two recent cases in relation to dispute resolution procedures.

December 13, 2024

Court of Protection Update - December 2024

Emily Price analyses two recent Court of Protection cases that concerned the treatment of long-term relationships.

December 12, 2024

Social Partnership and Public Procurement (Wales) Act

Blake Morgan's final Procurement Series Webinar is now available to watch as a pre-recorded session.

December 11, 2024

A new code of conduct for directors

Peter Ware examines how the Institute of Directors’ new code of conduct for directors might be useful for those involved in local authority companies.

December 11, 2024

Understanding Local Nature Recovery Strategies

Rohini Vekaria considers the role of Local Nature Recovery Strategies (LNRS).

December 11, 2024

Caravan site PD cannot trump enforcement notice

A borough council recently won an appeal against a First-tier Tribunal decision on conditions to be attached to a caravan site licence. Roderick Morton looks at the lessons from the ruling.

December 11, 2024

James Bond…or Mission Impossible?

Simon Ricketts assesses the planning announcements made by the Prime Minister in the Government’s Plan for Change.

December 11, 2024

Termination under JCT contracts

David Owens and Harnaek Rahania provide a brief reminder on how Employers can terminate under JCT contracts.

December 11, 2024

Installing telegraph poles

The High Court recently rejected a judicial review challenge to the erection of telegraph poles. Gabriel Nelson examines the ruling, which considered the relationship between the GDPO and the Electronic Communications Code (Conditions and Restrictions) Regulations 2003.

December 11, 2024

Defects under NEC4 contracts – summary of key terminology and mechanisms

Allan Owen outlines the key principles and mechanisms relating to Defects in NEC4 contracts.

December 06, 2024

How virtual meetings are shaping local democracy

A clear legislative framework in relation to virtual meetings will help ensure clarity and fairness, writes Ed Hammond.

December 06, 2024

Child criminal exploitation and permanent exclusion from school

The Administrative Court has considered the extent possible child criminal exploitation can impact a school’s decision to permanently exclude. Leon Glenister explains the ruling.

December 06, 2024

Focusing on PFI expiry

A new report has highlighted how London boroughs are struggling to prepare for the expiry of their private finance initiative (PFI) contracts. This is a situation likely to be mirrored across local authorities nationwide, underscoring the need for greater attention to the issue from officers and lawyers alike, writes Caroline Mostowfi.

December 06, 2024

Why should you sweat the (seemingly) small stuff?

What are contract standing orders and why are they so important? Deepak Parmar explains.

December 06, 2024

Service of claims and extension of time

A failure to abide by court rules meant that a judicial review claim challenging the grant of planning permission for the Bristol Sporting Quarter project failed at the first hurdle. Kary Withers explains why.

December 06, 2024

Planning powers of local authorities to combat climate change

In this paper Alex Goodman KC considers two cases about the role planning, and specifically local energy efficiency standards, can play in tackling climate change.

December 05, 2024

Bus franchising reform – on the road to change?

Beth Edwards and Shyann Sheehy explore the possible introduction of bus franchising.

December 05, 2024

It’s time for CATOs

Steve Gummer and Shyann Sheehy explore Competitively Appointed Transmission Owners (CATOs) and consider their benefits and drawbacks.

December 04, 2024

Trends in disrepair and complex housing claims

Following recent changes in the law and guidance, as well as recent media coverage of housing issues, there is a significant rise in housing disrepair claims. Mandy Williams and Nichola Johnston anticipate this trend will continue together with an increase in claims’ complexity.

December 04, 2024