Gatehouse Chambers

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 discusses the reforms of the anti-social behaviour powers under the Anti-Social Behaviour, Crime and Policing Act 2014 (ABCPA 2014), with a focus on closure of premises. It outlines the powers available to local authorities and the police, and the procedure for serving a closure notice and making an application for a closure order.

This Practice Note discusses the powers to control behaviour that have been reformed under the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014), focusing on remedies to tackle behaviour which previously would have fallen under the anti-social behaviour order (ASBO)/anti-social behaviour injunction (ASBI) regime namely civil injunctions under ABCPA 2014, Pt 1.

This Practice Note discusses the powers to control behaviour that have been reformed under the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014), focusing on remedies to tackle behaviour which previously would have fallen under the anti-social behaviour order (ASBO)/anti-social behaviour injunction (ASBI) regime namely criminal behaviour orders (CBOs) under the Sentencing Act 2020.

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 examines the concept of 'Best Value' in public procurement and the associated duties imposed on public bodies by Part I of the Local Government Act 1999 and the Public Services (Social Value) Act 2012.

This Practice Note looks the procedure for bringing a challenge for breach of public procurement law. In particular, it considers the requirements for the provision of standstill letters to unsuccessful bidders, time limits for bringing a procurement claim against the contracting authority and remedies available to an aggrieved bidder where a public procurement process has breached the Public Contracts Regulations 2015.

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 considers the various defences to tort claims, including contributory negligence (Law Reform (Contributory Negligence) Act 1945), consent or volenti non fit injuria, ex turpi causa (claimant wrongdoing), necessity and self-defence and exclusions and limitations of liability (Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations 1999).

This Practice Note, produced in partnership with Phillip Patterson of Gatehouse Chambers, considers the appointment of a receiver over property that is subject to a trust. It considers the situation where the property may be held by a partnership and where the security has been granted by a third party. It also looks at: trusts of land, joint tenancy and tenancy in common, how to spot a situation where there is a trust, how to overreach the beneficial interest, the ‘two trustee’ rule and insolvent trustees and beneficiaries.

This Practice Note considers the issue of bringing a claim in a foreign currency. In doing so it explains the underlying case law as to whether a claim can be brought in a foreign currency and how to bring such a claim. It also considers how a defendant can challenge a claim brought in a foreign currency.

This Practice Note sets out the practical considerations that local authority landlords need to consider when faced with a housing disrepair claim in England. It sets out the basis for a repair claim and the practical steps that need to be taken when dealing with a claim, including whether the matter could be dealt with by non-court based alternative dispute resolution.

This Practice Note, produced in partnership with Sri Carmichael and Sarah Clarke of Gatehouse Chambers, covers appeals against orders made in civil directors’ disqualification proceedings in England and Wales. It looks at when an appeal may be made, what court to bring the appeal in, and the process to be followed.

An introductory tenancy can only be terminated by obtaining and executing 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 provides a summary of the Procurement Act 2023 and considers how its key changes have impacted the UK procurement landscape.

This Practice Note looks at the issues that practitioners should consider if a party to a personal injury claim has been made bankrupt or insolvent. With some limited exceptions, a personal injury claim cannot be made by or against a bankrupt or insolvent party without the agreement of the trustee in bankruptcy, the administrator or the court. Practical guidance is provided on what bankruptcy and insolvency involves and the potentially significant implications for a personal injury claim. It also provides tips on how to identify an insolvent party.

This Practice Note describes the available procurement procedures under the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015), which apply to procurements commenced beforewhich public authorities must follow when procuring public contracts by tender: open procedure, restricted procedure, competitive procedure with negotiation, competitive dialogue, and innovation partnership. The Practice Note also describes the four stages which are common to all procurement procedures (specification, selection, evaluation/award and notification).

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 has been archived and is not maintained. This Practice Note discusses 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. 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 are further discussed in this Practice Note.

This Practice Note examines the thresholds set out in the EU public procurement directives which apply to public sector contracts. It considers how the thresholds are set, what the current thresholds are, how a contract value is determined and the position relating to contracts whose value is below the relevant threshold.