Human rights and maladministration

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Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...

Introduction to passing off

Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or...

Forming enforceable contracts—consideration

This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A...

Contract interpretation—express terms in contracts

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...

Practice notes

Facilitation payments under the Bribery Act 2010

Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...

Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan

Practice notes

HCPC—Main hearing of the Health and Care Professions Tribunal

This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...

Produced in partnership with Paul Renteurs of 2 Hare Court 12th Jan

Practice notes

Highways, street works and statutory undertakers

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 12th Jan

Practice notes

Active bribery, passive bribery and bribing foreign public officials

The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...

Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan

Practice notes

Section 38 and section 278 Highways Act agreements—contractor’s perspective

This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...

9th Nov

Practice notes

Single justice procedure

The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...

Produced in partnership with Quinton Newcomb of Fulcrum Chambers 12th Jan

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

Damages in tort claims—recovery and assessment

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...

Produced in partnership with Lina Mattsson of Hardwicke Chambers 12th Jan

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

9th Nov

COVID-19

In-house

Practice notes

Termination for breach of contract

The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...

9th Nov

In-house

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

Practice notes

Civil recovery orders in SFO cases

A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...

9th Nov

Practice notes

Definition and classification of highways

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 12th Jan

Precedents

Letter responding to clarification requests

[On headed paper][insert date][Address of tenderer provided in request for clarification]Dear [[insert contact name of tenderer] OR [insert contact...

Produced in partnership with Peter Ware of Browne Jacobson 12th Jan

Practice notes

IP rights and semiconductors

Background to semiconductorsA semiconductor is essentially any material which has electrical conductivity and can thus either conduct, or conversely,...

Produced in partnership with Greg Burke of RPC, Paul Joseph of RPC and Sophie Tuson of RPC 12th Jan

Most recent Human rights and maladministration content

Q&As

Who can one appeal to/contact if a local authority fails to take action after it has been reported to them that trees protected by a tree preservation order and conservation area have been felled?

Enforcement of TPOs and offencesAuthorities have a range of enforcement powers to deal with breaches of planning control in relation to Tree...

22nd Jan

Practice notes

Coronavirus (COVID-19)—governance tracker

This tracker is intended to be used to track the most recent key developments, legislation, guidance, parliamentary briefing notes and other sources...

22nd Jan

COVID-19

Practice notes

Local Government and Social Care Ombudsman

The Local Government Act 1974 (LGA 1974) established a Commissioner for local administration more commonly known as the Local Government and Social...

20th Jan

Practice notes

Public authorities under the Human Rights Act 1998

The Human Rights Act 1998 (HRA 1998) requires public authorities not to act in ways which are incompatible with the rights guaranteed by the European...

Produced in partnership with Alexander Campbell of Field Court Chambers 13th Jan

Q&As

In the Zoo Licensing Act 1981 several sections refer to 'giving the licence holder an opportunity to be heard'. Is there a definition of this?

Unlike the more modern regime provided for by the Licensing Act 2003 (LA 2003) and the accompanying regulations in relation to alcohol, entertainment...

Produced in partnership with David Wilson of a2z licensing 8th Jan

Practice notes

Dealing with a human rights challenge

The Human Rights Act 1998 (HRA 1998) imposes a duty on all public authorities in the UK to act in a manner that is compatible with rights under the...

Produced in partnership with Eric Metcalfe of Monckton Chambers 8th Jan

Q&As

What are the sanctions for failure to comply with the Local Authorities (Access to Information) (Variation) Order 2006 which amends Part 1 of Schedule 12A to the Local Government Act 1972?

As a general rule, meetings of local authorities (and their committees and sub-committees) should be open to the public and members of the public...

Produced in partnership with Matt Lewin of Cornerstone Barristers 8th Jan

Q&As

Where a claim is brought out of time under the Human Rights Act 1998, can the defendant apply for summary judgment or should the question of limitation await trial?

By section 8 of the Human Rights Act 1998 (HRA 1998), a court has the power to award a remedy including, in certain cases, damages, where a public...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Are universities, higher education institutions and/or further education colleges operating in Wales considered public authorities for the purposes of the Human Rights Act 1998?

The Human Rights Act 1998 (HRA 1998) requires public authorities not to act in ways which are incompatible with the rights guaranteed by the European...

Produced in partnership with Christopher McFarland of Sinclairs Law 8th Jan

Q&As

Is the correct chain of delegation for most criminal enforcement by way of the Local Government Act 2000 rather than by the Local Government Act 1972 where executive arrangements are in place?

A principal council must adopt a constitution setting out its governance, decision-making structure, standing orders and other rules and protocols....

Produced in partnership with Philip Rule 8th Jan

Q&As

What powers and duties does a housing authority to resolve disputes cross alleging anti-social behaviour between the right to buy owners and a secure tenant that the housing authority consider, do not amount to anti-social behaviour but cause endless complaints?

A local housing authority will generally have more duties towards a tenant of theirs than they will towards a right to buy (RTB) owner. On the basis...

Produced in partnership with Alexander Campbell of Field Court Chambers 8th Jan

Practice notes

An introduction to the Human Rights Act 1998

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

24th Dec

Practice notes

Maladministration—investigations and reports

InvestigationsThe Local Government and Social Care Ombudsman has the same powers as the High Court with respect to the attendance and examination of...

7th Dec

Q&As

What is the effect of a delegated decision being made by the wrong person decision making body?

We refer you to our Practice Note: Meetings—executive decision-making process, which outlines the three main types of local government model for...

7th Dec

Q&As

What is the difference between 'maladministration' and 'professional negligence'?

MaladministrationMaladministration generally involves a complaint to the relevant ombudsman that a public body has acted inappropriately in the...

7th Dec

Q&As

What is the definition of maladministration?

‘Maladministration’ is not defined by statute but is usually thought to include something that happened in connection with action taken by or on...

28th Sep

Practice notes

Maladministration—complaints

The Local Government and Social Care Ombudsman investigates complaints of maladministration and/or service failure.MaladministrationMaladministration...

25th Sep

Human rights and maladministration

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Latest Local Government News

Rapid response guidance notes on vaccination, testing for coronavirus (COVID-19) and mental capacity

What does IP completion day mean for the status of EU law in the UK?

Relevant relationship agreement law—a guide for the perplexed

EU-UK Trade and Cooperation Agreement on track for ratification by February 2021 deadline, EU diplomat says

Featured Local Government content

Forming enforceable contracts—intention to create legal relations

Introduction to passing off

Forming enforceable contracts—consideration

Contract interpretation—express terms in contracts

Most recent Human rights and maladministration content

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Forming enforceable contracts—consideration

Fraud by false representation

Quia timet injunctions

Automatism

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