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PFI – a new era?

Melanie Pears explores the recent announcement by NHS England about the possibility of a private finance model for capital developments, alongside the Treasury's calls for it to be only used in very limited circumstances.

July 11, 2025

PFI – a new era?

July 03, 2025

PFI - A New Era?

Jun 19, 2025

The final say

The Court of Protection has provided an important reminder that it is the judge who has the final say as to best interests, writes Alex Ruck Keene KC (Hon).

May 02, 2025

Abbasi and Haastrup: to name or not to name

Last month saw the handing down of the long-awaited judgment of the Supreme Court in joined cases on the identification of clinicians in end-of-life cases. The ruling has a potential wide-ranging impact across the health and care sectors, writes Hannah Taylor.

Apr 25, 2025

Transfers from hospital to social care

What are the key laws that need to be upheld when transferring people from NHS hospital to local authority social care? Elizabeth Ridley explains.

Apr 15, 2025

Court of Protection case update: April 2025

Niamh Brennan rounds up the latest Court of Protection rulings of interest to practitioners.

Mar 19, 2025

Issuing proceedings in best interests cases

Katie Viggers, Mark Barnett and Hannah Khan set out four key takeaways for Integrated Care Boards from a recent case where a senior judge stressed the “crucial significance” of issuing proceedings promptly in a best interests case.

Mar 19, 2025

Court of Protection case law update: March 2025

Sarah Hutchinson analyses two recent Court of Protection rulings of interest to practitioners.

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.

Nov 08, 2024

Easing the post-holiday back-to-work transition

From asylum seeker to monitoring officer

Former Corporate Director and Monitoring Officer of Brighton and Hove City Council Abraham Ghebre-Ghiorghis speaks to Lottie Winson about his 37-year career at the authority, his role as the “conscience of the organisation”, and his journey into law as an asylum seeker from Eritrea.

Oct 30, 2024

From asylum seeker to monitoring officer

July 18, 2025

Don’t refuse to mediate! Engage

Peter Causton looks at a recent ruling where a defendant public body was reprimanded for refusing to mediate.

Jul 18, 2025

Smile for the Camera?

Annie Sayers gives an overview of the Family Justice Council’s Guidance on covert recordings.

Jul 18, 2025

ADHD diagnosis and disability

Does an ADHD diagnosis mean an employee is (rather than may be) disabled under the Equality Act 2010? That's the question the Employment Appeal Tribunal had to determine in a recent case, writes Alexandra Addington.

Jul 18, 2025

The coroner's duty to notify the DPP

When is Rule 25(4) of the Coroners (Inquest) Rules 2013 triggered? Lewis Harrison explains.

Jul 18, 2025

Racist comments from one employee to another

The Employment Appeal Tribunal has upheld a tribunal’s decision that a racist comment made by one employee to another did not give rise to employer liability under the Equality Act 2010. Georgia Blesson examines the judgment.

Jul 18, 2025

Court of Protection case update: July 2025

Niamh Brennan and Sarah Hutchinson round up the latest Court of Protection rulings of interest to practitioners.

Jul 17, 2025

Maximising ROI in renewable energy: Legal, technical, and financial strategies for net-zero success

The Hugh James Energy and Renewables team share their expertise on achieving net-zero, and emphasise that it doesn’t have to come at the cost of return on investment (ROI).

Unlocking legal talent

Jonathan Bourne of Damar Training sets out why in-house council teams and law firms should embrace apprenticeships.

How hair strand testing should be instructed for family court proceedings

For years, FTS, a drug, alcohol and DNA lab in Yorkshire, has been advocating for an end to the use of Society of Hair Testing (SoHT) cut-off levels in the family courts, writes Paul Hackett (Sponsored Editorial)

Feb 20, 2025

Homelessness and health

Julia Jones and Julie Bennett look at government guidance which suggests that the discharging from hospital of people at risk of or experiencing homelessness is a window of opportunity to address an individual’s complex needs.

Feb 19, 2025

Capacity, insight and professional cultures

Alex Ruck Keene KC (Hon) looks at an important new decision from the Court of Protection where the judge identified an evidential divide on capacity between social workers and clinicians.

Feb 19, 2025

Court of Protection update: February 2025

Sarah Hutchinson rounds up the latest Court of Protection rulings of interest to practitioners.

Dec 13, 2024

Providing support for children with complex needs

Alex Ruck Keene KC (Hon) examines a recent High Court case concerning the Mental Health Act, ‘detainability,’ and judicial scrutiny (and the real underlying problems of children with complex needs).

Nov 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.

Nov 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.

Nov 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.

Oct 23, 2024

Court of Protection case update: October 2024

Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners, including an important ruling on representation during review periods.

Oct 23, 2024

Communication with protected parties in legal proceedings

Abby Watson provides practical tips on how representatives of protected parties can enhance communication, and prepare them for judicial visits.

Oct 23, 2024

The way forward for CQC – something old, something new….

Carlton Sadler and Siwan Griffiths look at the principal findings of the Dash and Richards reports into the Care Quality Commission and the Single Assessment Framework.

July 17, 2025

Personal circumstances, public safety, and the planning balance

Arevik Jackson provides some reflections on recent co-joined enforcement appeals and the grant of temporary planning permissions.

Jul 17, 2025

The Environment (Principles, Governance and Biodiversity Targets (Wales) Bill: the key provisions

Hannah Shaw analyses draft legislation in Wales aimed at establishing a robust framework for environmental governance in Wales.

Jul 17, 2025

Errors of law, materiality and remedies

A recent Court of Appeal case concerning “restocking notices” in forestry has wider lessons in relation to errors of law and remedies, write Heather Sargent and Charles Bishop.

Jul 17, 2025

What next for rent reviews?

Government plans to ban upwards only rent reviews have caught everyone by surprise, writes David Harris.

Jul 16, 2025

Commonhold reform – the beginning of the end?

Tanya Edmonds of Ashfords answers a number of questions raised by the government's white paper on a reformed commonhold model.

Jul 16, 2025

The CAT’s approach to Subsidy Decision Reviews: Fast, cheap and simple?

Olivia Dawson and Oliver Slater consider the Subsidy Control Act’s subsidy challenge regime, the Competition Appeal Tribunal’s (the “CAT’s”) approach to case management and costs, and what the future for challenges to subsidy decisions might look like.

Jul 16, 2025

Millbrook Healthcare Limited v Devon County Council – Its impact on local government procurement

Oliver Dickie, Christopher Watkins and George McLellan dive into the recent High Court judgment on interim relief in procurement claims.

July 11, 2025

Early insights into the English Devolution and Community Empowerment Bill

David Kitson offers some initial thoughts on the English Devolution and Community Empowerment Bill.

Jul 11, 2025

The section 58 defence in the Highways Act 1980

The Court of Appeal recently allowed a claimant’s appeal against a judge’s decision to reject his claim for liability against a county council in relation to a hole in a grass verge which caused him to fall off his bicycle. Martin Porter KC and Anastasia Karseras explain why.

Jul 11, 2025

Risk assessments in care proceedings: L-G and Re T

Adrian Gordon considers two significant 2025 decisions of the Court of Appeal, which revisit some of the most fundamental considerations surrounding the application of s31 of the Children Act 1989 to the facts of every given case.

Jul 11, 2025

Turbulence ahead

The £205.2m Cardiff Airport public funding package is to be challenged under the Subsidy Control Act 2022. Jonathan Branton and Alexander Rose consider the case and whether we are now likely to see more legal challenges emerge within the airport and aviation sector, which has been the subject of frequent cases in EU State aid law.

Jul 11, 2025

PFI – a new era?

Jul 11, 2025

Costs in discrimination claims brought by litigants in person

The EAT has overturned a £20,000 costs order due to the tribunal's flawed assumptions about legal advice and hindsight bias in assessing prospects of success. Michael Halsey looks at the lessons from the ruling.

Jul 10, 2025

The Building Safety Act and retrospective service charge protection

Mark Loveday and Hugh Rowan examine Court of Appeal rulings on retrospective service charge protection under Schedule 8 of the Building Safety Act 2022.

Jul 10, 2025

Right to Buy (RTB) leases — be warned about service charges

Andrius Roos outlines five important takeaways from a recent case on the grant of Right to Buy leases and the ability to recover service charges.

Jul 10, 2025

Awaab’s Law – implementation of Phase 1

Matthew Lake, Sian Evans and Clare Jones consider the Government’s recent announcements on phase 1 of Awaab’s Law.

Jul 09, 2025

Seven key insights: Lord Justice Birss considers AI in civil justice

Matthew Lee sets out what expert witnesses and housing lawyers must know from the views on AI expressed by the senior judge who is to become Chancellor of the High Court later this year.

Jul 09, 2025

Imperative requirements in homelessness: nuts and bolts on a bumpy roadmap to suitable accommodation

Lindsay Johnson analyses an important Court of Appeal ruling on whether a local housing authority is precluded from determining the suitability of offered accommodation if it has not prepared a lawful section 189A (1) assessment, and the further documentation required by that section.

Jul 09, 2025

Neurodiversity in the Family Justice System Panel Discussion

42BR Barristers is pleased to present this online panel discussion exploring the next steps in advancing and sharing best practice to support the implementation of newly published guidance aimed at improving access to justice for neurodivergent individuals.

Jul 09, 2025

Employment Law Webinar Series - May to July - 42 Bedford Row

Following on from the first four webinars in our Employment Law Webinar Series 2025, 42BR's Employment Team is delighted to present the next three sessions of our 2025 webinars, covering a variety of employment law topics.

Jul 09, 2025

Home Truths - Dissecting Section 16J: Criminal Confusion in the Renters’ Rights Bill - 42 Bedford Row

Landlords, brace yourselves! Section 16J of the Renters’ Rights Bill could land you in criminal trouble for relying on shaky eviction grounds—but its sloppy drafting leaves huge questions unanswered.

Jul 09, 2025

Home Truths: Grounds for Possession under the Renters' Rights Bill - 42 Bedford Row

In this episode of Home Truths, Alex Adamou and Max Gordon discuss some of the interesting grounds for possession proposed under the Renters' Rights Bill and debate if the Bill will bring the change that commentators are expecting.

Jul 09, 2025

Airport Subsidy Challenged in the CAT

Oliver Slater, Beatrice Wood and Steve Gummer dive into the latest Competition Appeal Tribunal subsidy control challenge, brought against the Welsh Government's subsidy to Cardiff Airport.

Jul 03, 2025

IPA guidance 2025: Managing PFI distress and preparing for expiry

Aanya Gujral and David Owens dive into the recent guidance published on managing the risks associated with Private Finance Initiative (“PFI”) projects.

Jul 03, 2025

What might the public inquiry on child sexual exploitation look like

With the recent announcement that there will now be a national public inquiry into child sexual exploitation (CSE) Stephanie McGarry and Sarah Erwin-Jones look at what this means for those likely to be become involved and what Baroness Casey had to say in her recently published review into CSE.

Jul 03, 2025

Data (Use and Access) Act – Updating Data Protection Law and more

On the 19th June 2025, the Data Use and Access Bill (“DUA Bill”) received Royal Assent to become the Data Use and Access Act 2025 (“DUA Act”).

Jul 03, 2025

High Court Dismisses Challenge to New Super Prison

The High Court has refused permission to challenge the Secretary of State's decision to grant planning permission for so called 'super prison' on Green Belt land near HMP Garth and HMP Wymott in Lancashire.

Jul 03, 2025

AI, copyright and LLMs

What are the copyright and confidentiality issues arising from use of public and private Large Language Models (LLMs)? Justin Harrington explains.

Jul 03, 2025

Automatic suspensions and the public interest

Tim Care provides a summary of the recent case of Unipart Group Ltd v Supply Chain Coordination Ltd [2025], and assesses its impact upon the application of the Public Contract Regulations 2015 (PCR 2015).

Jul 03, 2025

FOI and communication

The Upper Tribunal recently considered the meaning of ‘reasonably practicable’ in s11 of the Freedom of Information Act. Jonathan Dixey analyses the ruling.

Jul 03, 2025

Too much?

In the fourth and final article on a Court of Appeal judgment that involved an exploration of the law and procedure relating to challenges to decisions about care for young people brought after the event, Catherine Rowlands looks at the Court of Appeal view on whether a local authority accidentally accommodated the claimant.