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The need for accurate plans and interpretation of planning conditions (Choiceplace Properties v Secretary of State for Housing, Communities and Local Government)

Street trading—consent regime—services—EU Services Directive 2006—authorisation scheme (R (Poole) v Birmingham City Council)

The following Local Government news provides comprehensive and up to date legal information on Street trading—consent regime—services—EU Services Directive 2006—authorisation scheme (R (Poole) v Birmingham City Council)

Local Government weekly highlights—13 May 2021

The following Local Government news provides comprehensive and up to date legal information on Local Government weekly highlights—13 May 2021

The Domestic Abuse Act 2021 at a glance

The following Family news provides comprehensive and up to date legal information on The Domestic Abuse Act 2021 at a glance

Featured Local Government content

IP rights and semiconductors

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

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...

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...

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,...

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

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

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

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

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

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

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

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

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

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

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

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

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...

9th Nov

Practice notes

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...

9th Nov

In-house

Practice notes

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...

9th Nov

In-house

Practice notes

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,...

9th Nov

Most recent Powers and duties content

Practice notes

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

Coronavirus (COVID-19)—governance tracker Winter 2020 [Archived]This tracker was used to track key developments, legislation, guidance and briefing...

16th May

COVID-19

Practice notes

Predetermination, bias and the Localism Act 2011, s 25

Predetermination, bias and the Localism Act 2011, s 25This Practice Note states the law as understood in England.Local authorities and other public...

Produced in partnership with Dr Nicholas Dobson 16th May

Practice notes

Coronavirus (COVID-19)—governance tracker

Coronavirus (COVID-19)—governance trackerThis tracker is intended to be used to track the most recent key developments, legislation, guidance,...

16th May

COVID-19

Practice notes

General power of competence

General power of competenceThis Practice Note explains the concept of the general power of competence (GPC) afforded to local authorities by the...

16th May

Practice notes

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

Coronavirus (COVID-19)—governance tracker Summer 2020 [Archived]This tracker was used to track key developments, legislation, guidance and briefing...

16th May

COVID-19

Practice notes

Local authority powers to participate in external organisations

Local authority powers to participate in external organisationsCoronavirus (COVID-19): This Practice Note contains guidance on matters that have...

16th May

Practice notes

Coronavirus (COVID-19)—keeping up with restrictions for licensed premises in England

Coronavirus (COVID-19)—keeping up with restrictions for licensed premises in EnglandThe government measures to help prevent the spread of coronavirus...

16th May

COVID-19

Practice notes

The Prevent duty

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

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

Practice notes

Statutory user rights—sharing of space by councils

Statutory user rights—sharing of space by councilsStatutory user rights—backgroundStatutory user rights arose to assist local councils after the 1974...

16th May

Practice notes

Local authority powers to charge and trade

Local authority powers to charge and tradeCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered...

Produced in partnership with Philip McCourt 16th May

Practice notes

Key considerations in local authority decision making

Key considerations in local authority decision makingCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily...

Produced in partnership with Philip McCourt 16th May

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?

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...

15th May

Practice notes

English language fluency duty for public authority workers

English language fluency duty for public authority workersIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...

15th May

Practice notes

Public sector apprenticeship target

Public sector apprenticeship targetCertain prescribed public sector bodies, including those with 250 or more staff in England, have a target under the...

15th May

Practice notes

IR35—off-payroll workers

IR35—off-payroll workersCoronavirus (COVID-19): in light of the coronavirus crisis, the government announced temporary measures to support the...

Produced in partnership with David Smith of DLA Piper 15th May

Practice notes

Anti-social behaviour—environmental breaches

Anti-social behaviour—environmental breachesThis Practice Note explains the powers available to deal with anti-social behaviour in an environmental...

Produced in partnership with Jeremy Phillips and Charles Forrest of Francis Taylor Building 15th May

Practice notes

Surveillance powers of local councils

Surveillance powers of local councilsThe Investigatory Powers Act 2016 (IPA 2016) overhauled the legal framework governing the use of covert...

15th May

Practice notes

Implementing and achieving effective governance in the public sector

Implementing and achieving effective governance in the public sectorWhat does effective governance mean in the public sector?Governance within the...

Produced in partnership with Lisa Larson of Capacity Ltd 14th May

Practice notes

Sustainable development—the Well-being of Future Generations (Wales) Act 2015

Sustainable development—the Well-being of Future Generations (Wales) Act 2015Background to the Future Generations ActWhen first introduced in 2012,...

Produced in partnership with Professor Robert Lee of Birmingham Law School 13th May

Q&As

Do the Police have power to issue notices under section 46 of the Environmental Protection Act 1990? Could they be granted delegated power to issue notices but reserving the prosecution to the local authority in the event of noncompliance?

Do the Police have power to issue notices under section 46 of the Environmental Protection Act 1990? Could they be granted delegated power to issue...

Produced in partnership with Adam Heppinstall of Henderson Chambers 13th May