Q&As

View Local Government by content type:

News

Practice notes

Precedents

Q&As

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 Q&As content

Q&As

Does an EU Treaty take precedence over a Directive?

Does an EU Treaty take precedence over a Directive?This Q&A concerns high level principles regarding the relationship between (and interpretation of)...

14th May

Q&As

Can you grant a lease of a highway which has rights of vehicle access?

Can you grant a lease of a highway which has rights of vehicle access?A highway at common law is a way over which there exists a public right of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 14th May

Q&As

Are county councils a relevant ‘drainage board’ for the purpose of serving a notice under section 25 of the Land Drainage Act 1991?

Are county councils a relevant ‘drainage board’ for the purpose of serving a notice under section 25 of the Land Drainage Act 1991?Section 25 of the...

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

Q&As

Is there a definitive list of processes that comply with the requirements of the Cremation Regulations 2008? Is alkaline hydrolysis (also called biocremation and/or resomation) approved?

Is there a definitive list of processes that comply with the requirements of the Cremation Regulations 2008? Is alkaline hydrolysis (also called...

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

Q&As

Where a licence is granted to occupy land and the licensee allows a third party into occupation who causes damage, can the licensor obtain possession from the third party?

Where a licence is granted to occupy land and the licensee allows a third party into occupation who causes damage, can the licensor obtain possession...

13th May

Q&As

What is the impact of Brexit on international transfers of personal data?

What is the impact of Brexit on international transfers of personal data?This Q&A looks at the impact of Brexit on cross-border transfers of personal...

12th May

Brexit

Q&As

What effect does a local authority's failure to display the notice on its website on application for a licensed premises under the Licensing Act 2003? Does this mean the consultation period has to restart?

We cannot answer your specific question as it would require us to give advice which we cannot do. However, you may find the following information...

10th May

Q&As

How can English courts apply or refer to a Court of Justice decision if the judgment is not published in English and therefore there is no Court of Justice approved judgment available in English?

At common law, foreign law is generally a matter of fact that must be proved by an expert witness (and where necessary a translator or interpreter)....

10th May

Brexit

Q&As

In seeking to serve an abatement notice, pursuant to section 80 of the Environmental Protection Act 1990 (EPA 1990), is service effected, for the purposes of EPA 1990, s 160(2), by a local authority officer attending the property in question, the addressee not being present, but a non-resident friend coming out of the address and taking the letter from the officer?

Where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, it must serve an abatement notice (section...

10th May

Q&As

If there are two tenants living in a house, with separate assured shorthold tenancies (AST), who share amenities (living room, kitchen, bathroom), is this considered a house in multiple occupation? Does the fact that there are separate agreements have any influence or is the AST nonetheless excluded pursuant to Schedule 14 to the Housing Act 2004?

A house in multiple occupation (HMO) is defined in section 254 of the Housing Act 2004 (HA 2004) as one which meets certain specified criteria; the...

6th May

Q&As

If a charity wishes to procure goods or services using a Crown Commercial Service contract, does it have to apply the public procurement rules and procedures in full?

It is assumed that the reference to 'public procurement rules and procedures' is a reference to the rules and procedures under the Public Contracts...

6th May

Q&As

What is the impact of a service user’s decision to add extra names to the title deeds as joint tenants when they had previously been the only registered legal owner on the value of their property? Could this be a deprivation of assets?

Any assessment of deprivation of assets is highly fact and circumstance specific. It requires a local authority to undertake careful and sensitive...

5th May

Q&As

Are there any powers available to a parish council to contract with a commercial provider to install and operate ANPR cameras to monitor the parking of vehicles at a car park operated by them?

In conducting our research we have focussed on powers to make decisions. However there are specific considerations applicable to the use of ANPR...

5th May

Q&As

What can a local authority do to stop nuisance of animals on a highway?

Section 155 of the Highways Act 1980 (HiA 1980) provides that a keeper of livestock that stray onto or lie on the highway commits an offence. The...

5th May

Q&As

With employees largely working from home in 2020 and 2021 and outside of traditional office working hours, what does this blurring of home and work life mean for the ownership of ‘creative’ works? In these circumstances, how can tech and media companies protect their interests in their employment contracts?

With employees largely working from home in 2020 and 2021 and outside of traditional office working hours, what does this blurring of home and work...

Produced in partnership with Dr Catherine Cotter of Slaughter and May 28th Apr

Q&As

Under what circumstances could a contracting authority negotiate or amend the terms of a contract tendered using the restricted procedure? What are the potential consequences of doing so?

In answering this Q&A we have considered whether, prior to concluding a public contract tendered under the restricted procedure, the contract terms...

Produced in partnership with Peter Ware of Browne Jacobson 27th Apr

Q&As

Can a contracting authority make a direct award under a Dynamic Purchasing System?

What is a DPS?A Dynamic Purchasing System (DPS) allows a contracting authority to purchase goods, services and works for which they have a regular...

27th Apr

COVID-19

Q&As

If a supplier awarded a public contract ceases trading shortly after award, can the contract be awarded to another bidder in the original tender process without having to re-start the procurement?

We have assumed that this is an above-threshold procurement exercise that has followed a fully compliant public procurement procedure in accordance...

Produced in partnership with Stuart Brown of Trowers & Hamlins 27th Apr

Q&As

Can a contracting authority change the procedure adopted for a public procurement exercise (eg from open to negotiated procedure) once the procurement process has started?

In conducting our research we have focussed on above-threshold procurement exercises regulated by the Public Contracts Regulations 2015, SI 2015/102...

Produced in partnership with Brendan Ryan of Pinsent Masons 27th Apr

First
1
2
3
4
5
Last

Q&As

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 Q&As content

Popular documents

Arbitration agreements—definition, purpose and interpretation

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

Wounding or causing grievous bodily harm with intent

What is an intangible fixed asset?

Contact Us

Popular Links

Policies

Follow us