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Latest Local Government News

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 Structure of local government content

Practice notes

Council information—Councillors' access

Council information—Councillors' accessCoronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020...

16th May

Practice notes

Members—conduct

Members—conductThis Practice Note refers only to the law in England; note that different provisions apply to Wales.The public has a right to expect...

Produced in partnership with Peter Keith-Lucas and Anthea Lowe of Bevan Brittan and North West Leicestershire District Council 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

Governance and scrutiny—role of the monitoring officer

Governance and scrutiny—role of the monitoring officerThis Practice Note relates only to England; the legislation is different in Wales.Every local...

16th May

Practice notes

Meetings—executive decision-making process

Meetings—executive decision-making processCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered...

Produced in partnership with Olwen Brown of Anthony Collins Solicitors 16th May

Practice notes

Members—allowances and expenses

Members—allowances and expensesCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in...

16th May

Practice notes

Employment of local authority officers

Employment of local authority officersDiscussion of employment issues in local government fall into three areas:•normal employment law issues, such as...

Produced in partnership with Philip McCourt 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

Structure of local government

Structure of local governmentCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in...

Produced in partnership with Philip McCourt 16th May

Practice notes

Conduct of meetings—chairing, quorum and voting

Conduct of meetings—chairing, quorum and votingChairing meetingsIf the chairman of a local authority meeting (also referred to as the mayor or maer in...

16th May

Practice notes

Members—election

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

Produced in partnership with Philip McCourt 16th May

Precedents

Members’ allowances scheme

Basic Principles/Instructions for claiming1Statutory power for compiling an elected members’ allowance schemeThe council, in exercise of the powers...

4th May

Q&As

Section 9P of the Local Government Act 2000 states what a local authority constitution must contain, including standing orders. Is there any further legislation or interpretation which would suggest that this includes contract standing orders?

Section 9P(1) of the Local Government Act 2000 (LGA 2000) requires a local authority to prepare and keep up to date a constitution, which must contain...

Produced in partnership with Alexander Campbell of Field Court Chambers 23rd Apr

Q&As

Can a local authority resile from an agreement to dispose of land entered into by one of its senior officers who had no actual authority to enter into the agreement? Does the obligation to secure best value assist at all?

Generally, it would be reasonable for a member of the public to rely on the ostensible authority of the senior officer if they appear or purport to...

Produced in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council 15th Mar

Q&As

What can a local authority do when one member bullies or intimidates another?

The local authority should act in accordance with their Member Code of Conduct. The action will include commissioning an investigation of the...

Produced in partnership with Karren Daly of Browne Jacobson 8th Mar

Q&As

In respect of elected councillors, can a Code of Conduct complaint be brought against a whole committee or individual members only?

Section 27 of the Localism Act 2011 (LA 2011) requires relevant local authorities to maintain high standards of conduct by their members, including by...

1st Mar

Q&As

Can a local authority (district council) be appointed as a company director?

Company law perspectiveThe Companies Act 2006 (CA 2006) distinguishes between two types of legal entity that might serve as a company director, namely...

15th Feb

Precedents

Model arrangements for dealing with standards allegations under the Localism Act 2011

1ContextThese ‘Arrangements’ set out how you may make a complaint that an elected or co-opted member of this authority [or of a parish council within...

Produced in partnership with Peter Keith-Lucas of Bevan Brittan 14th Feb

Precedents

Code of Conduct for Members

1IntroductionThis Code of Conduct applies to you whenever you are acting in your capacity as a member of [council name], including:1.1at formal...

Produced in partnership with Peter Keith-Lucas of Bevan Brittan 14th Feb

Q&As

As planning committees have to politically balanced, does this mean that an independent councillor cannot sit on the committee?

Authorities and committees are required to allocate seats in a way which shows proportional representation of political groups. The question asks...

Produced in partnership with Tracy Lovejoy of Lanyon Bowdler LL 8th Jan

Structure of local government

View Local Government by content type:

Latest Local Government News

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)

Local Government weekly highlights—13 May 2021

The Domestic Abuse Act 2021 at a glance

Featured Local Government content

IP rights and semiconductors

Letter responding to clarification requests

Definition and classification of highways

Civil recovery orders in SFO cases

Most recent Structure of local government content

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PRA Rulebook—introduction for the insurance and reinsurance sector

Drafting the particulars of claim and reply

Proprietary estoppel

Notaries and notarisation—notarisation

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