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Normanton Chambers

Experts

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Alex Fletcher
Alex Fletcher
Barrister
Normanton Chambers
Denis Edwards
Denis Edwards
Normanton Chambers
Contributions by Normanton Chambers Experts

31

Can a contracting authority specify in its selection criteria that non-compliance with human rights obligations internationally in the economic operator’s supply chain will result in exclusion? If so, is it sufficient for the economic operator to self-certify compliance? Should the contracting authority undertake any independent verification?
Can a contracting authority specify in its selection criteria that non-compliance with human rights obligations internationally in the economic operator’s supply chain will result in exclusion? If so, is it sufficient for the economic operator to self-certify compliance? Should the contracting authority undertake any independent verification?
Q&As

Can a local authority consult with parents on a specific issue on admission outside of the requirements of section 2.78 (sic) of the School Admission Code (005/2013) consultation, or should all consultations occur as part of the annual consultation?
Can a local authority consult with parents on a specific issue on admission outside of the requirements of section 2.78 (sic) of the School Admission Code (005/2013) consultation, or should all consultations occur as part of the annual consultation?
Q&As

Can a local highway authority grant a licence to a third party who is not a statutory undertaker to discharge water from private drains into the highway drainage system?
Can a local highway authority grant a licence to a third party who is not a statutory undertaker to discharge water from private drains into the highway drainage system?
Q&As

Can the Care Quality Commission insist that an individual is removed in their role as partner in a general partnership, on the grounds that the individual has lost mental capacity? The business run by the partnership is a registered provider.
Can the Care Quality Commission insist that an individual is removed in their role as partner in a general partnership, on the grounds that the individual has lost mental capacity? The business run by the partnership is a registered provider.
Q&As

Can water companies delegate any of their statutory powers to enter property, carry out works and compulsorily purchase, to a contractor?
Can water companies delegate any of their statutory powers to enter property, carry out works and compulsorily purchase, to a contractor?
Q&As

Does a claimant have to follow the statutory compensation scheme for loss caused by flood defence works, or can an action can be brought in negligence?
Does a claimant have to follow the statutory compensation scheme for loss caused by flood defence works, or can an action can be brought in negligence?
Q&As

Does the obligation under regulation 8A of the School Staffing (England) Regulations 2009, SI 2009/2680 cover information about formal capability action taken in respect of the candidate's poor performance and any formal capability action in respect of sickness absence, or does it apply to poor performance proceedings only?
Does the obligation under regulation 8A of the School Staffing (England) Regulations 2009, SI 2009/2680 cover information about formal capability action taken in respect of the candidate's poor performance and any formal capability action in respect of sickness absence, or does it apply to poor performance proceedings only?
Q&As

If a child leaves education at 16 to undertake work and then goes back into full time education at 18 is there still a liability to pay child maintenance either via the Child Maintenance Service or via the court? Does the break in education have any impact on the parents liability?
If a child leaves education at 16 to undertake work and then goes back into full time education at 18 is there still a liability to pay child maintenance either via the Child Maintenance Service or via the court? Does the break in education have any impact on the parents liability?
Q&As

If a year 13 pupil at a maintained school in Wales is not attending school while advising the school they are having medical investigations for ill health that is preventing their attendance, what steps can the school take to deal with non-attendance?
If a year 13 pupil at a maintained school in Wales is not attending school while advising the school they are having medical investigations for ill health that is preventing their attendance, what steps can the school take to deal with non-attendance?
Q&As

In a civil complaint (appeal) in the magistrates’ court, a taxi licensing complaint, by a taxi driver, was dismissed. The taxi driver has now appealed to the Crown Court, even though this is a civil matter. Which procedural rules apply?
In a civil complaint (appeal) in the magistrates’ court, a taxi licensing complaint, by a taxi driver, was dismissed. The taxi driver has now appealed to the Crown Court, even though this is a civil matter. Which procedural rules apply?
Q&As

In light of R(A) v Home Secretary and R (Timson) v SSWP, how do the courts approach judicial review of administrative policies and guidance?
In light of R(A) v Home Secretary and R (Timson) v SSWP, how do the courts approach judicial review of administrative policies and guidance?
Q&As

In what circumstances can the governing body of a maintained school authorise playgroup type provision to children who are not of school age from their premises? Do they need specific permission from the local authority to do so on each occasion that they do?
In what circumstances can the governing body of a maintained school authorise playgroup type provision to children who are not of school age from their premises? Do they need specific permission from the local authority to do so on each occasion that they do?
Q&As

Is a school contracting as a business or a consumer when entering into a contract for a school trip? What protections are available to schools in the event they have to cancel a school trip due to coronavirus (COVID-19)? Are they entitled to a refund from the trip provider?
Is a school contracting as a business or a consumer when entering into a contract for a school trip? What protections are available to schools in the event they have to cancel a school trip due to coronavirus (COVID-19)? Are they entitled to a refund from the trip provider?
Q&As

Is a supermarket car park (owned by the supermarket) a ‘public place’ or ‘place’ to which section 87 of the Environmental Protection Act 1990 applies (offence of leaving litter)?
Is a supermarket car park (owned by the supermarket) a ‘public place’ or ‘place’ to which section 87 of the Environmental Protection Act 1990 applies (offence of leaving litter)?
Q&As

Is an employee of a UK employer liable to UK National Insurance contributions if the employee works solely from abroad and is not liable to UK income tax?
Is an employee of a UK employer liable to UK National Insurance contributions if the employee works solely from abroad and is not liable to UK income tax?
Q&As

Is it an offence under section 33(1)(a) of the Environmental Protection Act 1990 for a householder to enter a local authority refuse site or amenity site with household waste but in a ‘commercial vehicle’ and without a ‘commercial vehicle’ license which is required to enter the site?
Is it an offence under section 33(1)(a) of the Environmental Protection Act 1990 for a householder to enter a local authority refuse site or amenity site with household waste but in a ‘commercial vehicle’ and without a ‘commercial vehicle’ license which is required to enter the site?
Q&As

Is the local authority—as Lead Local Flood Authority—under an obligation to maintain flood defence structures if carried out on private land?
Is the local authority—as Lead Local Flood Authority—under an obligation to maintain flood defence structures if carried out on private land?
Q&As

Is there a legal requirement for a contracting authority to terminate an existing public contract where the supplier under that contract is participating in a subsequent public procurement process tendered by the same authority?
Is there a legal requirement for a contracting authority to terminate an existing public contract where the supplier under that contract is participating in a subsequent public procurement process tendered by the same authority?
Q&As

Is there any case law on the control of asbestos, duty to manage, best practice principles which say ‘for a cost to be recoverable under the repairing provisions of a lease, there must first be an element of disrepair and any remedial works carried out must be appropriate. Complete removal of asbestos, despite the best intentions, may not be a recoverable cost if a more appropriate and less expensive option exists’?
Is there any case law on the control of asbestos, duty to manage, best practice principles which say ‘for a cost to be recoverable under the repairing provisions of a lease, there must first be an element of disrepair and any remedial works carried out must be appropriate. Complete removal of asbestos, despite the best intentions, may not be a recoverable cost if a more appropriate and less expensive option exists’?
Q&As

Once a Dynamic Purchasing System (DPS) has been set up, can the terms originally tendered be varied? If a DPS has been set up without call-off terms, can they be incorporated later?
Once a Dynamic Purchasing System (DPS) has been set up, can the terms originally tendered be varied? If a DPS has been set up without call-off terms, can they be incorporated later?
Q&As

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