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Court of Appeal and High Court consider property rights under the Human Rights Act

The following Local Government news provides comprehensive and up to date legal information on Court of Appeal and High Court consider property rights under the Human Rights Act

The Insolvency (England and Wales) Rules 2016 come into force

The following Banking & Finance news provides comprehensive and up to date legal information on The Insolvency (England and Wales) Rules 2016 come into force

The future of the care home industry

The following Banking & Finance news provides comprehensive and up to date legal information on The future of the care home industry

Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

The following Commercial news provides comprehensive and up to date legal information on Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

Featured Local Government content

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 Powers and duties content

Practice notes

Key definitions under the DPA 1998 [Archived]

ARCHIVED: This archived Practice Note provides information on the data protection regime before 25 May 2018 and reflects the position under the Data...

25th Jan

Practice notes

Data protection principles under the DPA 1998 [Archived]

ARCHIVED: This archived Practice Note provides information on the data protection regime before 25 May 2018 and reflects the position under the Data...

Produced in partnership with Pillsbury Winthrop Shaw Pittman LLP 25th Jan

Q&As

Can you serve a temporary stop notice under section 171E of the Town and Country Planning Act 1990 on persons unknown?

Local planning authorities (LPAs) can issue a temporary stop notice (TSN), where it appears to them that there has been a breach of planning control...

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

Q&As

Can councils provide services to a Community Interest Company?

What is a CIC?A community interest company (CIC) is a corporate vehicle for running a business which wishes to trade for a non-charitable social...

21st Jan

Practice notes

Coronavirus (COVID-19)—governance tracker Winter 2020 [Archived]

This tracker was used to track key developments, legislation, guidance and briefing notes relating to the initial response to coronavirus (COVID-19)...

19th Jan

Practice notes

The community right to bid and assets of community value—what is the community right to bid, what are assets of community value and how are they nominated?

What is the community right to bid?The community right to bid was introduced by sections 87–108 of the Localism Act 2011 (LA 2011) to enable local...

18th Jan

Practice notes

The Prevent duty

Since 2015, certain ‘specified authorities’ have been under a statutory duty, in the exercise of their functions, to have due regard to the need to...

Produced in partnership with Imogen Proud of Monckton Chambers 16th Jan

Practice notes

Coronavirus (COVID-19)—governance tracker Summer 2020 [Archived]

This tracker was used to track key developments, legislation, guidance and briefing notes relating to the initial response to coronavirus (COVID-19)...

16th Jan

Practice notes

Local authority powers to participate in external organisations

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 John Atkinson 16th Jan

Practice notes

Local authority powers to charge and trade

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 Philip McCourt 16th Jan

Practice notes

Statutory user rights—sharing of space by councils

Statutory user rights—backgroundStatutory user rights arose to assist local councils after the 1974 reorganisation of local government. Before the...

16th Jan

Practice notes

English language fluency duty for public authority workers

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

15th Jan

Practice notes

Public interest test—the chilling effect and safe space

Since the introduction of the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 (EIR 2004), SI 2004/3391, there have...

Produced in partnership with Kim Mayo of Essex County Council 14th Jan

Practice notes

Public sector equality duty

The public sector equality duty (PSED) as defined and set out in Part 11 of the Equality Act 2010 (EqA 2010) comprises:•a general equality duty—the...

Produced in partnership with Zoe Bedford of Ellis Whittam 13th Jan

Practice notes

Who is subject to the freedom of information regime

The Freedom of Information Act 2000 (FIA 2000) grants a right of access to information held by public authorities. Under this right, any person making...

13th Jan

Practice notes

Freedom of information and public contracts

The Freedom of Information Act 2000 (FIA 2000) confers a general right of access to information that is held by a public authority. By virtue of this...

13th Jan

Practice notes