‘Nick McQueen and Inam Hasan highlight important lessons to learn from a recent Court of Appeal case in the construction sector on the enforceability and effect of dispute escalation clauses.’
Local Government Lawyer, 23rd June 2023
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court has granted permission to appeal the decision in Davies v Bridgend County Borough Council [2023] EWCA Civ 80, which overturned lower court rulings that found diminution in value in Japanese knotweed cases was irrecoverable economic loss and ordered the council to pay damages to a property owner.’
Local Government Lawyer, 23rd June 2023
Source: www.localgovernmentlawyer.co.uk
‘Nick McQueen and Inam Hasan highlight important lessons to learn from a recent Court of Appeal case in the construction sector on the enforceability and effect of dispute escalation clauses.’
Local Government Lawyer, 23rd June 2023
Source: www.localgovernmentlawyer.co.uk
‘Simon Ricketts examines who needs to be a party to a section 106 agreement in light of a recent High Court ruling.’
Local Government Lawyer, 23rd June 2023
Source: www.localgovernmentlawyer.co.uk
‘Would-be challengers and defending contracting authorities need to be aware of a number of unique timing factors, and the notoriously short timeframes, for the initial stages of procurement challenges. The Altiatech judgment usefully examines some of the key risk areas, write Zachary Bourne, Lloyd Nail and Ian Tucker.’
Local Government Lawyer, 23rd June 2023
Source: www.localgovernmentlawyer.co.uk
‘Kuljit Bhogal KC analyses an important recent High Court ruling on closure orders.’
Local Government Lawyer, 23rd June 2023
Source: www.localgovernmentlawyer.co.uk
‘The Royal Borough of Windsor & Maidenhead has lost a High Court case over whether a 25-year-old man with autism can count his social and life skills activities as disability related expenditure (DRE).’
Local Government Lawyer, 22nd June 2023
Source: www.localgovernmentlawyer.co.uk
‘Ms UO and her 3 children, aged 11, 5 and 3, were homeless and had applied to LB Redbridge. The family had NASS accommodation in the Tottenham area since 2021, after NASS accommodation in Croydon and West Ham from 2019. Ms UO’s elder children were enrolled in school in Tottenham and the youngest in the nursery attached to the school. MS UO had connections in Redbridge herself. Following Ms UO’s grant of asylum in 2022, the NASS accommodation ceased. She applied to Redbridge. The application stressed how important the children’s school was to them. She then did not hear anything from Redbridge until the day before her eviction from the NASS accommodation.’
Nearly Legal, 18th June 2023
Source: nearlylegal.co.uk
‘A recent High Court ruling shows that equalities duties must be treated differently, writes Roderick Morton.’
Local Government Lawyer, 16th June 2023
Source: www.localgovernmentlawyer.co.uk
‘Reports of “s144 notices” being issued at local authorities are becoming increasingly common. But what are they and what should the monitoring officer do if a s114 report is being made at their authority? Paul Turner explains.’
Local Government Lawyer, 16th June 2023
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has allowed a homeless single mother’s claim for judicial review against the London Borough of Redbridge on all four grounds.’
Local Government Lawyer, 14th June 2023
Source: www.localgovernmentlawyer.co.uk
‘The London Borough of Harrow left a family in unsuitable temporary accommodation, which “did not meet the needs of the claimant’s severely disabled daughter”, for almost a year, a court has found.’
Local Government Lawyer, 14th June 2023
Source: www.localgovernmentlawyer.co.uk
‘The recent judgment Re Streatham Cemetery [2023] ECC Swk 3 concerns cemetery development. Opened more than one hundred years ago, there is now very little room in Streatham Cemetery for further burials. A Petition by the Bereavement Services Manager of Lambeth LBC[1] sought permission to re-use land within two areas of the cemetery through the operation of “lifting and deepening” of existing interments, thereby creating new burial space. The observations of Petchey Ch., (above and at [16]), indicate some of the issues to be addressed on the growing shortage of burial space.’
Law & Religion UK, 14th June 2023
Source: lawandreligionuk.com
‘The Supreme Court will next week (21-22 June) hear a case brought against Surrey County Council over whether the local authority acted unlawfully by not requiring an impact assessment of a proposed oil well’s impact on downstream greenhouse gas (GHG) emissions before granting planning permission.’
Local Government Lawyer, 13th June 2023
Source: www.localgovernmentlawyer.co.uk
‘The London Borough of Croydon must pay a former director almost £15,000 in withheld pay, which it reduced while she was off sick.’
Local Government Lawyer, 8th June 2023
Source: www.localgovernmentlawyer.co.uk
‘Helen Tucker examines the changes to the grounds for possession as set out in the Renters Reform Bill published on 17 May 2023.’
Local Government Lawyer, 9th June 2023
Source: www.localgovernmentlawyer.co.uk
‘Joseph Barrett analyses High Court guidance on challenges to withdrawn contract award decisions.’
Local Government Lawyer, 9th June 2023
Source: www.localgovernmentlawyer.co.uk
‘Nuffield Health is a registered charity. Its purposes are “to advance, promote and maintain health and healthcare of all descriptions and to prevent, relieve and cure sickness and ill health of any kind, all for the public benefit.” It pursues its purposes primarily through the provision of gym facilities, including the gym at Merton Abbey. It also operates private hospitals and clinics. The facilities at Merton Abbey are mainly restricted to fee-paying members. In April 2019, the standard membership fee was £80 per month. Nuffield also offers certain limited services to non-members of the gym. S.43(5) and (6)(a) Local Government Finance Act 1988 mandates an 80 per cent relief from business rates where “the ratepayer is a charity or trustees for a charity” and the premises are “wholly or mainly used for charitable purposes (whether of that charity or of that and other charities)”. Nuffield Health claimed the mandatory relief under s.43(5) and (6)(a) from 1 August 2016, when it acquired the Merton Abbey gym.’
Law & Religion UK, 8th June 2023
Source: lawandreligionuk.com
‘Our grateful thanks to Eleri Griffiths and Martin Hodgson of One Pump Court for the following note of a judicial review of LB Harrow’s failure to provide suitable accommodation under section 193 Housing Act 1996, following on from Elkundi (our note) and while we await the Supreme Court decision in Imam v LB Croydon on mandatory orders in such cases.’
Nearly Legal, 4th June 2023
Source: nearlylegal.co.uk
‘Sadly, it appears that it is necessary to revive the long lapsed tradition of the Nearly Legal Naughty Step post.
We have encountered a number of councils putting, or trying to put, damn silly clauses in their tenancy agreements for secure tenants, and then threatening to evict tenants who breach these damn silly clauses. There was Sandwell silencing tenants, for example (and they were not alone in trying to include such a clause). And there was the spectacle of Wandsworth attempting to impose a clause forbidding the tenant, their household, or their visitors from behaving badly anywhere in the whole borough, on pain of eviction. That one – which is all too relevant for what follows – ended in humiliation for Wandsworth when they actually tried to use it.’
Nearly Legal, 6th June 2023
Source: nearlylegal.co.uk
© Inner Temple Library 2024