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Human Rights Act 1998 challenge to a local authority’s charging policy succeeds (R (on the application of SH) v Norfolk County Council)

The following Local Government news provides comprehensive and up to date legal information on Human Rights Act 1998 challenge to a local authority’s charging policy succeeds (R (on the application of SH) v Norfolk County Council)

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

The following Local Government news provides comprehensive and up to date legal information on 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?

The following Banking & Finance news provides comprehensive and up to date legal information on What does IP completion day mean for the status of EU law in the UK?

Relevant relationship agreement law—a guide for the perplexed

The following Corporate Crime news provides comprehensive and up to date legal information on Relevant relationship agreement law—a guide for the perplexed

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 Q&As content

Q&As

In a civil complaint (appeal) in the magistrates’ court, a taxi licensing complaint, by a taxi driver, was dismissed. The taxi driver has now appealed to the Crown Court, even though this is a civil matter. Which procedural rules apply?

As a starting point, appeals from the magistrates’ court to the Crown Court are normally only available in criminal cases. This follows from section...

Produced in partnership with Denis Edwards of Normanton Chambers 25th Jan

Q&As

Can a further education corporation established under the Further and Higher Education Act 1992 take a loan and grant security over its land by registered charge?

Further education corporationsFurther education corporations are corporate entities incorporated pursuant to either section 15 or section 16 of the...

22nd Jan

Q&As

Section 180 of the Town and Country Planning Act 1990 provides that where, after service of an enforcement notice, planning permission is granted for any development carried out before the grant of that permission, the notice shall cease to have effect so far as inconsistent with that permission. Does this provision operate if permission is granted for development which has not yet been carried out, but which development would be inconsistent with the terms of a planning enforcement notice when complete?

Section 180 of the Town and Country Planning Act 1990 (TCPA 1990) is in the following terms:‘…180 Effect of planning permission, etc, on enforcement...

Produced in partnership with Constanze Bell of Kings Chambers 22nd Jan

Q&As

A local planning authority has received a request for modification of a made neighbourhood plan. The Planning Practice Guidance and the Neighbourhood Planning (General) Regulations 2012, SI 2012/637, reg 18A(3) require for the draft plan to be made within five weeks from the receipt of the examiner’s report or other time that may be agreed. Does the process of making the draft plan require a referendum in such instance?

The Neighbourhood Planning (General) Regulations 2012, SI 2012/637, regs 14–20 set out the procedural requirements for modifying an existing...

22nd Jan

Q&As

Where a developer has withdrawn from a planning application relating to council owned land, can the council take over or seek to find a new developer? Are there any implications that might arise under the Town and Country Planning General Regulations 1992, SI 1992/1492, regs 3 and 4?

This Q&A focusses on the aspects relating to the Town and Country Planning General Regulations 1992 (TCPGR 1992), SI 1992/1492 only and does not...

22nd Jan

Q&As

What can a landowner do to challenge an enforcement notice issued in respect of a breach of planning? Can they take the authority to court?

Enforcement noticesAppealing against an enforcement noticeAny person who has an interest in the land to which an enforcement notice relates, or who is...

22nd Jan

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

Q&As

Do the directors and shareholders of a dormant private limited company limited by shares have any personal liability if part of a property owned by the company falls off and injures a pedestrian?

This Q&A raises two issues, first, to what extent shareholders and directors can be personally liable for the liabilities incurred by a corporate...

22nd Jan

Q&As

Could you confirm what contracts must be used at a sale of auction and provide precedents; Can you confirm whether a council can refuse to grant a lease extension where there are outstanding service charges? A leaseholder wishes to purchase the remaining 50% shared equity from the council, do you have a precedent contract and transfer?

What contracts must be used at a sale of auction?Unlike a standard transaction (where there is no binding contract until exchange), an auction...

22nd Jan

Q&As

In determining a planning application does a local planning authority determine whether a development is sustainable before deciding whether the tilted balance in paragraph 11(d) of the National Planning Policy Framework is engaged?

The tilted balance in paragraph 11(d) of the National Planning Policy Framework (NPPF) applies where there are no relevant development plan policies,...

Produced in partnership with Kevin Leigh of 33 Bedford Row 22nd Jan

Q&As

Where a planning appeal for refusal of retrospective planning consent pursuant to section 73A of the Town and Country Planning Act 1990 is in progress, can a local planning authority still issue an enforcement notice for the removal of the development or would this be counter to good practice as the appeal may lead to planning permission for that development being issued?

There is no express provision in the Town and Country Planning Act 1990 (TCPA 1990) which would prevent a local planning authority (LPA) from issuing...

22nd 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

Q&As

Can a local planning authority withdraw a valid planning application without the applicant agreeing?

There is no express power in the Town and Country Planning Act 1990 for a local planning authority (LPA) to formally withdraw a planning application...

22nd Jan

Q&As

Does the First-tier Tribunal (FTT) have the ability to order legal costs recoverable from the landlord in favour of a tenant following a successful application to the FTT (Property Chamber) for a rent repayment order?

The power of the First-tier Tribunal (FTT) to order payment of costs is set out in section 29(1) of the Tribunals, Courts and Enforcement Act 2007...

22nd Jan

Q&As

A person intends to buy a property subject to a tree preservation order (TPO) relating to two beech trees. Those trees are not evident at the property and the seller has not removed them. Can a successor in title be prosecuted for breach of the TPO simply for the fact the trees have been removed without permission by a predecessor in title?

In summary, criminal liability is strict for breach of a tree preservation order (TPO), but this does not pass to successors. However, be careful to...

Produced in partnership with Alastair Frew of Lodders Solicitors 22nd Jan

Q&As

A stopping up order ends public rights of way but does not affect private rights of way. If works are done to a road (ie a public highway subject to private rights) so that the route changes (partly stopping up/partly works), could it be argued that private rights have not been substantially interfered with, as this is permitted under highways law?

The private rights are independent of the public rights viz-a-viz the highway. Therefore, the private rights persist. The details of the stopping up...

22nd Jan

Q&As

It is a condition of a deferred payment agreement under the Care Act 2014 that the local authority will not unreasonably withhold or delay consent to a service user’s property being let as an assured shorthold tenancy (AST) which enables an order for possession to be obtained on one month’s notice after an initial term of no more than six months, and which enables possession to be obtained on the minimum statutory notice period. Can an AST be granted on these terms given that a landlord must give two months’ notice under section 21 of the Housing Act 1988?

It is assumed that the tenancy granted by the homeowner is an assured shorthold tenancy under the Housing Act 1988 (HA 1988).Deferred payment...

Produced in partnership with Kevin Long of Hackney Law Centre 22nd Jan

Q&As

What is the planning position for a building within an enterprise zone established under the Thatcher government? Would a business premises built without planning permission in an enterprise zone have breached planning requirements?

The previous incarnation of Enterprise Zones (EZs) were announced by Geoffrey Howe in his 1980 Budget. They were largely similar to EZs established in...

22nd Jan

Q&As

Can a condition on a planning permission requiring a building to be permanently removed from the land when no longer required for agricultural purposes be lawful? If a breach of condition notice is served what grounds are available for a judicial review?

Whether a planning condition is lawful or not will depend on the circumstances of the case and the local planning authority (LPA)’s reasons for...

22nd Jan

Q&As

Where a successful section 73 application has been made to the Local Planning Authority, resulting in the grant of a new planning permission with varied conditions, is it then possible to make a further variation to that section 73 permission by way of a further application under section 73 of the Town and Country Planning Act 1990?

Section 73 of the Town and Country Planning Act 1990 (TCPA 1990) (so far as relevant) provides as follows:‘73.—Determination of applications to...

Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 22nd Jan

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Latest Local Government News

Human Rights Act 1998 challenge to a local authority’s charging policy succeeds (R (on the application of SH) v Norfolk County Council)

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

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 Q&As content

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Intercreditor agreement—key provisions

Forming enforceable contracts—intention to create legal relations

Skeleton arguments

Letter to client on disclosure obligations under CPR 31

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