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Litigation and Enforcement

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Untangling disputes

Huw Davies examines some useful guidance on the use of Alternative Dispute Resolution in disputes involving local authorities. Read more

  NEWS

  FEATURES AND ANALYSIS

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

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

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.

  MORE NEWS

Mar 27, 2025

Appellant fails in Divisional Court challenge to convictions over failure to meet private hire vehicle licensing requirements

The Divisional Court has rejected an appeal by the owner of a company that contracted with local authorities to provide transport services for children with special educational needs against his conviction on four charges of being the operator of a private hire vehicle (PHV) when a PHV licence was not in force, and two charges of being the operator of a PHV when the driver was not the holder of a…
Mar 27, 2025

Upper Tribunal rejects appeal by successful party over refusal costs award against council in improvement notice dispute

A property firm has lost a costs application against the London Borough of Lambeth after Martin Rodger KC, Deputy Chamber President, said at the Upper Tribunal (Lands Chamber) that, despite finding a combination of legal errors in the costs decision of the First-Tier Tribunal Property Chamber, it was inappropriate for him either to remit the case or remake the decision himself.

  MORE FEATURES

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 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 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 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.
March 19, 2025

Section 20 and care proceedings

A recent experience in court highlighted that misunderstandings still exist around s 20 of the Children Act 1989, writes Emma Griffiths, who provides a whistle-stop tour of key principles, authorities and guidance to signpost practitioners when faced with an issue about the appropriate legal framework for accommodating children who are subject to care proceedings.
March 19, 2025

Journalist attendance at Family Court hearings

Charlotte Epstein dives into the decision to allow journalists to observe and report on family court hearings. Implemented following a successful pilot, the aim is to increase public understanding and awareness of the Family Courts.
March 13, 2025

Cider house doesn't rule

Roderick Morton looks at the outcome of a High Court appeal against an enforcement notice on the grounds that the matters said to be a breach of planning control "have not occurred".
March 06, 2025

Court allowed council to offset legal costs from tenant’s rent arrears

Sharpe Pritchard recently acted for a local Authority landlord in a case where they successfully ‘set off’ the tenant’s outstanding rent arrears against the tenant’s legal costs following settlement of a disrepair claim at Pre-Action Protocol stage. Angelica Botta and Simon Kiely explain how.
March 05, 2025

Housing case law update: March 2025

Paul Lloyd, Daniel Fitzpatrick and Tim Pearl round up the latest housing law judgments of interest to local authorities and housing associations, including two important decisions on the Right to Buy.
March 05, 2025

Respect Orders - what do we know?

New orders aimed at making communities safer are coming into focus. Natalie Kidd and Sian Plant examine what is proposed.
March 04, 2025

The interaction between housing and social care duties 

Members of the Cornerstone Barristers Housing Team set out key takeaways from three important decisions from the Court of Appeal clarifying the interaction between local authorities’ obligations under the Housing Act 1996 and social care legislation.