Features

November 20, 2024

Fluctuating capacity, the “longitudinal approach” and practical dilemmas

David Lock KC asks whether a “longitudinal approach” to when decisions can lawfully be made by patients with fluctuating capacity is consistent with the Mental Capacity Act 2005 (“the MCA”) and, if it is not, whether there is a better framework that could be used to enable decisions to be taken to protect this vulnerable class of persons using the inherent jurisdiction.

November 20, 2024

Capacity and civil proceedings

Holly Tibbits examines new recommendations from a working group of the Civil Justice Council on determining capacity to litigate in civil proceedings.

November 20, 2024

New guidance for intervention in schools

The Department for Education (DfE) has now released new guidance relating to the support and intervention for schools, following the scrapping of single-word judgements. Katie Michelon and Anna Fellows set out the key points.

November 20, 2024

Schools and gender questioning

Silence persists on gender questioning guidance for schools. Will it be next week, next year or is it on hold indefinitely? Hayley O'Sullivan reports.

November 20, 2024

Update on the draft Mental Health Bill

There are some key provisions in the draft Mental Health Bill which are relevant and will have an impact on health and care providers and commissioners, writes Kirsty Stuart.

November 20, 2024

The scale of the SEND challenge for local authorities

Amrita Hurst and Callum Scott consider the latest issues faced by local authorities when it comes to the provision of SEND support to children and young people.

November 20, 2024

Injuries and Part 25 experts

Matthew Timm analyses a Family Court ruling that a local authority had failed to discharge the burden of proof in asserting that injuries to a child when he was eight months old were inflicted by one or other of his parents.

November 20, 2024

Children case law update: November 2024

Sarah Hutchinson summarises recent Family Division rulings on an application by a father for a boy subject to a care order to be circumcised, and an application by an NHS for permission for NG feeding and restraint in respect of a 12-year old girl with anorexia nervosa.

November 20, 2024

Appealing refusals of placement orders

Eleanor Hull analyses a successful appeal by a local authority against the refusal of an application for a placement order.

November 20, 2024

The meaning of ‘for the purposes of adoption’

A High Court judge recently examined the correct interpretation of the phrase ‘for the purposes of adoption’ in section 83(1)(a) of the Adoption and Children Act 2002. Marcia Hyde and James Hoile analyse the ruling.

November 15, 2024

The beginning of the end of Right to Buy in England?

Scott Dorling and Jessica Arczynski look at the latest Government announcements on the Right to Buy.

November 15, 2024

From Paralegal to Solicitor

Rob Dudley outlines the route to qualification for paralegals via the Solicitors Qualifying Examination (SQE).

November 15, 2024

Lessons from Lieven J

Holly Hilbourne-Gollop looks at a High Court judge’s realistic approach to obtaining evidence from children.

November 15, 2024

Criminalising thought crime?

Kuljit Bhogal KC and Sarah Salmon explain why a defendant was recently convicted of breaching a PSPO near an abortion clinic.

November 15, 2024

AI for legal documents

In the latest in a series of articles, Thomson Reuters looks at how to unlock a competitive edge.

November 15, 2024

Fire and re-hire: increased protective awards

The Government has revived a draft order on increased protective awards for failures to follow the statutory Code of Practice. Georgia Blesson looks at what this means for employers.

November 14, 2024

Roof Gardens and Higher-Risk Buildings – A tale of one too many storeys.

David Owens and Helen Arthur explore a recent First Tier Tribunal decision regarding the meaning of “higher-risk building’ under the Building Safety Act 2022.

November 14, 2024

Pensions and IDRP for Pension Complaints to the Pensions Ombudsman

David Leach discusses pension disputes, the IDRP process and the pensions ombudsman in this pre-recorded webinar.

November 13, 2024

Biodiversity Net Gain and Compulsory Purchase

Michael Dempsey considers government CPO guidance in the context of the mandatory Biodiversity Net Gain (BNG) regime, and the practical implications for schemes contemplating the compulsory acquisition of land for onsite BNG.

November 13, 2024

Remediation order and remediation contribution order applications – a potential headache

Robert Bowker considers important recent changes in relation to remediation order and remediation contribution order applications.

November 13, 2024

Roof gardens and higher-risk buildings

Is a roof garden a "storey" for the purposes of higher-risk buildings? Alex Martin Diaz and Corinna Whittle analyse a recent tribunal case and the government’s response to the ruling.

November 13, 2024

Challenge to permission for mega-basement rejected

A High Court judge recently dismissed a judicial review challenge over the grant of planning permission for a ‘mega-basement’ in London. Charles Streeten explains why.

November 13, 2024

What next for coastal communities?

The Autumn Budget gave coastal communities no indication of a better tomorrow, writes Christopher Kerr.

November 13, 2024

The National Adaptation Programme and climate change litigation

A recent challenge to the Government’s climate change adaptation programme failed – yet, it signalled key climate litigation trends. Ryan Kohli explains why.

November 13, 2024

"Is an excuse a use"

A recent High Court case has provided a reminder that care must be taken to distinguish between “commencement” cases and “continuous use” cases based on immunity, writes Roderick Morton.

November 09, 2024

Much ado about timescales - planning challenges

A High Court judge recently dismissed a statutory challenge brought by a town council over permission for a 146-home scheme, saying he did not have power to extend time for service. Alex Minhinick and Emily Kell-Rowan analyse the judgment.

November 08, 2024

Hopeless but not the same?

The High Court recently considered the scope of s70A Town and Country Planning Act 1990. Arevik Jackson looks at the lessons from the judgment.

November 08, 2024

Procurement Act government guidance – Perhaps 'not a reliable method of interpretation of the law'?

Andrew Millross looks at what might happen where there is a possible misalignment between the words of the Procurement Act 2023 and government guidance.

November 08, 2024

The role of hair strand testing

“Hairstrand testing has its limitations.” So why are drug tests not always treated this way in the Family Court? Stephen Williams looks at the issues.

November 08, 2024

Budget 2024: Highlights for local government

Rachel Murray-Smith, Peter Collins and Bernadette Hillman consider the impacts of the new measures laid out by in the Autumn Budget 2024 for the local government sector.

November 08, 2024

Delivery drivers and supply in the provision of late night refreshment

In a recent ruling a district judge has provided helpful clarity on the role of third party delivery drivers and the question of supply in the provision of late night refreshment under the Licensing Act 2003. Leo Charalambides and James Rankin examine the ruling.

November 08, 2024

Easing the post-holiday back-to-work transition

The team at Thomson Reuters Legal Insights Europe discuss the challenges of returning to the legal world after time off, and how to deal with the issues which may face you upon your return.

November 08, 2024

Budget 2024: What was in it for construction?

Michael Comba and David Owens discuss the impact of the new government's first budget on the construction industry.

November 08, 2024

CAAD appeals and costs

The Upper Tribunal (Lands Chamber) has handed down the first decision to consider the principles to be applied, and the approach to be adopted, in an application for costs in a CAAD (certificate of appropriate alternative development) appeal. James Pereira KC and Mark O’Brien O’Reilly analyse the ruling.

November 08, 2024

Companies House outlines transition plan for upcoming company law reforms

In the latest in the series of blog posts covering the introduction of reforms to the UK corporate governance regime, Peter Collins considers the latest policy paper released by Companies House.

November 06, 2024

Renters’ Rights Bill – Supported Housing Providers focus: new grounds for possession

Matthew Watts and Sarah Orchard briefly explore the changes being proposed in the Renters’ Rights Bill and consider some of the impacts on the supported housing sector, where flexibility in management of housing stock is often key.

November 06, 2024

Improvement or remediation, or both?

Robert Bowker considers how the First-tier Tribunal (FTT) has dealt with fire safety cases where an improvement notice under the Housing Act 2004 has been served and an application for a remediation order under s. 123 of the Building Safety Act 2022 has been made.

November 06, 2024

Preparing your housing stock in order to support new funding

Rubyn Campbell, Wendy Wilks and Jessica Church outline the steps registered providers can take to prepare for charging to a funder.

November 06, 2024

HMO licensing appeals: to re-hear, or not to re-hear?

Angela Piears considers a First-tier Tribunal (FTT) case about HMO licences: How should the FTT approach the hearing of an HMO licensing appeal? Who can challenge the decision to grant an HMO licence? How should a local authority serve notices on a freehold company?

November 05, 2024

Housing case law: September & October 2024

Natalie Hurst and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.

November 01, 2024

Pathfinder and the Sunflowers

In today’s episode of FortyTwo Talks, Family Law Practitioner, Rachel Chan, is joined by Estella Newbold-Brown, Partner of Amphlett Lissimore to discuss the Private Law 'Pathfinder' and Estella’s new book, Isla and Quinn The Sunflowers.

November 01, 2024

A-Z Family Law

You asked, we answered! As part of our ongoing podcast series, we are pleased to present the first of our A-Z Family Law podcasts.

November 01, 2024

Whistleblowing: Detriment and Dismissal Cases

In the second session of our Autumn/Winter Employment Series, Nick Bidnell-Edwards and Safia Tharoo provide a concise review of whistleblowing law for detriment and dismissal claims, including recent developments, followed by practical tips on how to bring and to defend the claims.

November 01, 2024

Wiping the slate clean - tips and tactics on how best to achieve settlement in the ET

In this webinar Nick Singer and Karolina Zielinska consider how to get the most out of negotiation and judicial mediation for your clients. Given the ever-increasing cost and stress associated with Tribunal proceedings, settlement firmly remains an attractive option when considering how best to resolve a claim for claimants and respondents alike.

November 01, 2024

Foiling the fraudsters - how to detect and collect evidence of tenancy fraud

In this webinar, Angela Piears and Karolina Zielinska consider what to do if you suspect that a tenant has made fraudulent representations about who they are or where they are living, and offer their tips and tricks on preventative measures that can be used to prevent or discourage tenancy fraud from the outset of the landlord-tenant relationship.

November 01, 2024