This Practice Note explains what acceptable behaviour contracts (ABC) are and the circumstances in which they can be effective for use in managing anti-social behaviour in the community. Also covered are guidelines for holding a meeting to set-up an ABC, how to monitor and deal with breaches of the agreement.
This Practice Note provides an introductory guide to applications for damages in judicial review proceedings, with reference to examples from case law. It examines the circumstances in which an application for damages may arise and the considerations for a public authority dealing with an application. It also includes a checklist summarising the key considerations for defending a damages claim in judicial review proceedings.
This Practice Note discusses assignment and succession of tenancy, with reference to the Housing Act 1985, the Localism Act 2011 and the Housing Act 1988. It explains that assignment of a secure periodic tenancy is prohibited except in three situations. With effect from 1 April 2012 a registered social landlord can include express provisions in their tenancy agreements granting additional succession rights for assured tenants.
This Practice Note sets out some practical tips for a public body to consider during the decision-making process, with a view to reducing the risk of challenge by judicial review. Both robust decision-making processes and prompt handling of claims pre-action and through alternative dispute resolution will save time and costs downstream. This Practice Note also deals with the steps a public body can take to protect itself and includes a checklist of matters of good practice to help reduce successful permission applications.
This Practice Note sets out the general position on costs in judicial review proceedings with reference to some specific examples such as cases involving official bodies and immigration cases.
This Practice Note considers the principles and procedure for the issuing of protective costs orders (PCOs) in public law proceedings and judicial review costs capping orders (JRCCOs), which replaced PCOs for judicial review claims in 2016. It also explains the rules on costs for interveners in judicial review proceedings.
This Practice Note examines the duty of candour in judicial review, with a particular focus on the defendant’s obligations. All parties to judicial review proceedings are under a general duty of candour to disclose facts and information relevant to the proceedings. The general duty of candour places a particular burden on public authorities to evidence relevant information in order for the court to evaluate the facts, without being reminded to do so. Failure to disclose, even where the information will assist the claimant’s case, can lead to specific disclosure requests and affect the outcome of the case including punitive cost orders.
An introductory tenancy can only be terminated by obtaining a court order for possession. This Practice Note covers service of the Notice of Proceedings for Possession, the right to review and the effect of the proceedings on the tenancy.
This Practice Note explores the time limits for judicial review. In particular, it looks at the circumstances in which the Administrative Court has agreed to hearing cases that are out of time, allowing applications for extensions and the circumstances for urgent judicial review cases.
This Practice Note explains alternatives to residential care in circumstances where an adult is developing care and support needs covered by the Care Act 2014 (CA 2014). It focuses on the principles in CA 2014 which centre around facilitating independent living where possible and signposts alternative sources of accommodation.
This Practice Note explains how the level of rent a tenant pays is calculated and determined for both public and private tenancies under assured, assured shorthold or Rent Act. Also covered is the process for increasing rent, the appeals process and registering rent under a Rent Act tenancy, and issues of challenging an assured or assured shorthold rent.
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