The following Local Government practice note Produced in partnership with Tim Spencer-Lane and Neil Grant of Gordon's Solicitors provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes provision to introduce changes to the Care Act 2014 duties on local authorities when needed during management of the pandemic. For details, see News Analysis: The Coronavirus Act 2020 and its impact on social care provision. It further amends mental health and capacity legislation together with making changes to hospital discharge legislation, see News Analysis: Coronavirus (COVID-19) legislation—Changes to Mental health provisions. The CQC has announced revised guidance for providers together with suspension of routine inspections. For further information, see: Coronavirus (COVID-19)—social care tracker and Coronavirus (COVID-19)—healthcare tracker.
This Practice Note sets out the role, powers and functions of the Care Quality Commission (CQC).
The CQC is a non-departmental statutory body, sponsored by the Department of Health and Social Care, responsible for regulating health and social care services in England, as well as protecting the interests of people whose rights are restricted under the Mental Health Act 1983 (MeHA 1983).
The CQC was established by the Health and Social Care Act 2008 (HSCA 2008) and came into force in 2009. This dissolved and merged the functions of the Commission for Healthcare Audit and Inspection (which was popularly known as the Healthcare Commission), the Commission for Social Care Inspection
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Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
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