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Untangling disputes

Huw Davies examines some useful guidance on the use of Alternative Dispute Resolution in disputes involving local authorities. Read more

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  FEATURES AND ANALYSIS

March 06, 2025

Court allowed council to offset legal costs from tenant’s rent arrears

Sharpe Pritchard recently acted for a local Authority landlord in a case where they successfully ‘set off’ the tenant’s outstanding rent arrears against the tenant’s legal costs following settlement of a disrepair claim at Pre-Action Protocol stage. Angelica Botta and Simon Kiely explain how.
March 05, 2025

Housing case law update: March 2025

Paul Lloyd, Daniel Fitzpatrick and Tim Pearl round up the latest housing law judgments of interest to local authorities and housing associations, including two important decisions on the Right to Buy.
March 05, 2025

Respect Orders - what do we know?

New orders aimed at making communities safer are coming into focus. Natalie Kidd and Sian Plant examine what is proposed.
March 04, 2025

The interaction between housing and social care duties 

Members of the Cornerstone Barristers Housing Team set out key takeaways from three important decisions from the Court of Appeal clarifying the interaction between local authorities’ obligations under the Housing Act 1996 and social care legislation.

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Feb 20, 2025

Senior judge issues warning to would-be parents over commercial foreign surrogacy arrangements

The President of the Family Division, Sir Andrew McFarlane, has put would-be parents of any age who are contemplating entering into a commercial foreign surrogacy arrangement on notice that the courts in England and Wales may refuse to grant an adoption order, with the result that the child that they have caused to be born may be permanently State-less and legally parent-less.

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February 20, 2025

The Family Drug and Alcohol Court: time to take the brakes off?

The Family Drug and Alcohol Court has been hailed as a “vital” service for helping families address substance misuse issues, yet access to this potentially life-changing approach remains a postcode lottery. Lottie Winson analyses how FDAC can benefit children and families, the financial impact for local authorities, and the barriers to a national rollout.
February 19, 2025

Risk assessment in care proceedings

Reece McAllister analyses a significant Court of Appeal ruling on risk assessment and judicial reasoning in care proceedings.
February 07, 2025

Setting care home fees

The High Court has quashed a decision by a city council to set an annual increase to care home fees below-inflation. Philip Rule KC looks at the lessons from the judgment.
February 07, 2025

Contempt proceedings, the Aarhus Convention and costs

Rachel Sullivan analyses a case where it was successfully argued that contempt proceedings, brought against the local authority in a dispute over the felling of trees, were an Aarhus Convention claim and thus the claimant was entitled to costs protection.
February 05, 2025

Housing disrepair and EPA 1990 prosecutions

Edward Sainsbury and Matthew Lowry examine the rise of private prosecutions against landlords for damp and mould under the Environmental Protection Act 1990.
January 29, 2025

Travis Perkins fined £2m for fatal accident

The Sharpe Pritchard team provide an update on a recent case in which Travis Perkins, a building materials supplier, was fined £2 million for causing a fatal accident.
January 21, 2025

“On a DoLS”

Alex Ruck Keene KC (Hon) reports on some mythbusting by what he says was a (rightly) exasperated Court of Protection.
January 21, 2025

With great power

Matthew Maynard and Tom Duggan consider the impact of a Court of Appeal ruling on the extent of the powers of the Family Court.