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The Practice Note: Meetings—executive decision-making process sets out the rules and requirements applicable for different types of local authority meetings under the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations, SI 2012/2089, which replaced the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000, SI 2000/3272 with effect from 10 September 2012. The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations, SI 2012/2089, apply to county councils in England, district councils and London borough councils operating executive arrangements under Part 1A of the Local Government Act 2000 (LGA 2000) (Arrangements with Respect to Local Authority Governance in England). The Local Authorities (Executive Arrangements) (Decisions, Documents and Meetings)
PRACTICE NOTES
FORTHCOMING CHANGE : On 13 October 2025, the Ministry of Housing, Communities and Local Government (MHCLG) launched a consultation on proposed improvements to the Local Government Pension Scheme (LGPS) in England and Wales. Among other things, the consultation proposes a major overhaul of Fair Deal protections, aligning the scheme with the 2013 Fair Deal guidance and ending the use of admission body agreements (as well as ‘broadly comparable’ pension schemes) for future outsourcing, save in certain exceptional circumstances. Instead, all staff compulsorily transferred under TUPE would retain continuous LGPS membership through a new default ‘deemed employer’ model, ensuring the original Fair Deal employer remains responsible for pensions rather than relying on admission bodies. These protections would extend across re-tenders and subsequent transfers, safeguarding access for ‘protected transferees’ and, at the employer’s discretion, for new joiners on the contract. Draft regulations to implement these Fair Deal changes were published alongside the consultation, signalling the government’s intention to strengthen long-term pension security for outsourced local government workers. For further information, see Practice Note: Local
PRACTICE NOTES
The planning functions in the Greater London area are exercised by: • the Mayor of London (the Mayor) • the 32 London Boroughs • the City of London Corporation, and • two Mayoral Development Corporations for specific areas. The government has published guidance on legislation and scrutiny of Mayoral Development Corporations in combined authorities and combined county authorities Powers under the Greater London Authority Act 1999 The Greater London Authority Act 1999 (GLAA 1999) established a Greater London Assembly for the Greater London Area, for the purpose of promoting economic and social development in Greater London and the improvement of the environment in the area. The GLAA 1999 also provides for a directly elected Mayor, with the power to exercise any of the important functions of the authority on its behalf and who, is responsible for strategic governance in London. The planning functions are set out in GLAA 1999, Pt VIII, as well as in subordinate legislation. These functions relate to: • strategic planning by means of the spatial development strategy, and • referred applications, which are planning
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In June 2024, Duncan Lewis Solicitors brought a judicial review claim against the Lord Chancellor and challenged its refusal to raise the Legal Aid rates for Controlled Immigration Work. The Court approved a consent order on 25 September 2024, by which Duncan Lewis withdrew the Claim on the basis that the Lord Chancellor agreed to announce a decision by the end of November 2024, as to whether she will increase fees for Controlled Immigration Work in England and Wales and if so, to what extent.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. On 27 March 2013, the London Stock Exchange (LSE) announced the launch of the High Growth segment of the Main Market (HGS). The HGS was closed by the LSE on 29 July 2024 following changes to the listing rules, in particular, changes to the requirement for shares in public hands which meant the purpose of the HGS was redundant. Background The HGS was intended to be a launch pad for high growth UK and European businesses with ambitious plans for further growth and a potential listing on the Official List (Official List) of the Financial Conduct Authority (FCA). The HGS allowed a company to: • raise capital on a public platform • set up appropriate standards of investor protection, and • generally 'get their house in order' before they are eligible for a listing on the Official List The HGS complemented the LSE's existing main market for listed securities (Main Market) and
PRACTICE NOTES
This Practice Note on the ‘Marex tort’ considers the legal principles for the tortious cause of action that the defendant has intentionally violated the claimant’s rights in a judgment debt. For guidance generally on enforcing judgments, see: Introduction to enforcement—overview and related content. What is the Marex tort? The so-called Marex tort is a tortious cause of action predicated on the defendant’s alleged intentional violation with the claimant’s rights in a judgment debt. The parameters of the tort were first confirmed by Bryan J in his 2021 decision in Lakatamia v Su, having been raised by Knowles J in 2017 in Marex v Garcia (also known as Marex v Sevilleja). See: Marex tort—history below. In Lakatamia v Su, Lakatamia advanced two claims against the defendants (Mr Su and his mother, Madam Su): • unlawful means conspiracy—alleging that the defendants conspired together to injure Lakatamia by unlawful means, by breaching a worldwide freezing order made in 2011 in related Commercial Court proceedings against Mr Su (the Blair Freezing Order) by causing
PRACTICE NOTES
Establishment of the Marine Management Organisation The Marine Management Organisation (MMO) was established on 1 April 2010 under the Marine and Coastal Access Act 2009 (MCAA 2009) and is responsible for regulating activities in the seas around England, and in relation to vessels registered to ports in England anywhere in the world. Further duties and powers were introduced in the Fisheries Act 2020. The MMO is an executive non-departmental public body. It works at arm’s length from government departments, is accountable to the Secretary of State (SoS) for Department for Environment, Food & Rural Affairs (Defra) and is a member of the Defra Group. MMO holds further cross departmental responsibilities and is accountable to the SoS for each respective department. Where permitted by statute, the government may ask the MMO to take on additional functions or new work, on a permanent or temporary basis. The decision to take on the additional work will be made jointly by the SoS and the MMO Board. The MMO Framework Document sets out the broad governance
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Local Government analysis: This case concerned a judicial review challenge of decision made by the Mayor of Tower Hamlets (MTH) to remove a neighbourhood low traffic scheme following a public consultation. The removal of the scheme was identified as option 1 in the January 2023 consultation. The decision was made on 20 September 2023 and it affected tow wards in the borough. The key issues in the case were: (1) whether the decision was made in breach of the best value duty under section 3(1) of the Local Government Act 1999; (2) whether there was a failure to provide adequate reasons for the decision; (3) whether the decision was unreasonable (4) whether the MTH failed to apply statutory guidance regarding the monitoring and removal of low traffic neighbourhoods; (5) the legality of the consultation; (6) implications for the MTH’s network management duties. The court held the decision was lawful in respect of all grounds of challenge and the claim for judicial review was dismissed with permission to appeal refused. Furthermore, although Transport for London acted as an interested party supporting the Claimant no order of coats was made against it. Written by Tim Baldwin, barrister at Garden Court Chambers.
PRACTICE NOTES
Origins of the McCloud remedy In 2014/15, the following public service pension schemes were reformed through the creation of career-average pension schemes (the reformed schemes) which replaced the old final salary pension schemes (the legacy schemes) in respect of future service: • the NHS Pension Scheme (NHSPS). For further information, see Practice Notes: The reformed National Health Service Pension Scheme and The legacy National Health Service Pension Scheme • the Teachers’ Pension Scheme (TPS). For further information, see Practice Notes: The reformed Teachers’ Pension Scheme and The legacy Teachers’ Pension Scheme • the Civil Service Pension Scheme (CSPS). For further information, see Practice Notes: The reformed civil service pension scheme—alpha and The legacy Principal Civil Service Pension Scheme (PCSPS) • the Firefighters’ Pension Scheme (FPS). For further information, see Practice Note: The Firefighters’ Pension Scheme 2015 • the Police Pension Scheme (PPS). For further information, see Practice Note: The Police Pension Scheme 2015 • the Armed Forces Pension Scheme (AFPS). For further information, see Practice Note: The Armed Forces Pension Scheme 2015 • the Local Government Pension Scheme (LGPS). For further information,
PRACTICE NOTES
This Practice Note contains guidance on the Media Act 2024 (MA 2024), which has been introduced in order to bring the regulation of public service broadcasters (PSBs) up to date following the changing technology of smart TV and the growth of video-on-demand (VoD). It sets out the key legislative provisions and considers their impact on businesses. It also summarises the implications on the regulator, Ofcom, as a result of its wider powers contained in the legislation. Background to MA 2024 In April 2022, a White Paper entitled Up next—the government’s vision for the broadcasting sector (the White Paper) was presented to Parliament by the then Secretary of State for Digital, Culture, Media and Sport (DCMS). On the same day, the government provided its response to the Digital Radio and Audio Review. The Digital Radio and Audio Review had been commissioned in 2020 to look at the regulatory landscape for radio and audio and make recommendations in the context of changes in listening habits which now see the
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The government has introduced the Media Bill legislation to ensure an up-to-date framework is in place to protect public service broadcasters (PSBs) while fostering innovation. The Media Bill makes some changes to Ofcom’s existing responsibilities as regulator of broadcast media. Ofcom has published its roadmap which details how it will approach implementing these changes.
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IP analysis: Samantha Collins, partner, and Laura Kusserow, trainee, from the Fashion and Retail Group at Marks & Clerk consider what the Metaverse means for IP rights of fashion brands.