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The Landmark Listen: Public Podcast – Standing
David Blundell QC, Richard Turney and Miranda Butler provide a detailed overview of the decision in the Good Law Project challenge and case law on the link between standing and timing in judicial review.
Webinars
Local Authority Insight Series: Making Highways Fit for the Future
Join Ruth Stockley, barrister at Kings Chambers, and Chris Burgess of Norfolk County Council for an in-depth discussion that addresses the legal issues and obstacles involved with adapting highways for a low carbon future and the legal tools available to local authorities.
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Local Authority Insight Series: Local Authority Companies – How to Make Them Work
In this webinar, three highly experienced public commercial lawyers explore the background and future of local authority-owned companies, examining the pressures and complications they face, the factors behind their creation and look at how councils can best manage their external companies to avoid the pitfalls that have led some to fail.
Local Authority Insight Series: Monitoring Officers
Everything you wanted to know about being a monitoring officer but were afraid to ask. Philip McCourt and Suki Binjal, two of the profession’s most experienced MOs, look at how the nature and the profile of the role is changing.
ICS lessons
Three months on from the commencement of the new statutory Integrated Care Systems (ICS) Anja Beriro and Gerrard Hanratty reflect on the main themes and issues that have come from the new relationship between local government and health.
Local Authority Insight Series: Regime change - the Liberty Protection Safeguards - LexisNexis
LexisNexis take a look at how the new Liberty Protection Safeguards work in practice when they replace the Deprivations of Liberty Safeguards (DOLS)
Draft Mental Health Bill now published
Following a commitment given in the Queen’s Speech in May 2022, a draft Mental Health Bill has been brought forward this week (27 June 2022). Alex Ruck Keene sets out the main elements and highlights some key points.
Local Authority Insight Series: A balancing act – Public Sector employment post - Covid
This webinar by LexisNexis looks at Public Sector employment post - Covid; identifying and managing the potential pitfalls of the ‘new normal’ for public sector employers.
Building systems
James Arrowsmith looks at the lessons to be learned from a recent report on integrated Local Health Systems produced by LGiU and Browne Jacobson.
Mental Health Act reform – draft legislation now announced
In the Queen’s Speech this week, it was announced that draft legislation would be brought forward to reform the Mental Health Act in England and Wales. Alex Ruck Keene looks at what we know so far.
Discharging patients into care homes at the start of the pandemic
A challenge to a Government policy of discharging hospital patients to care homes at the start of pandemic has been partly upheld. Dominic Ruck Keene analyses the judgment.
CCGs, Covid vaccinations and best interests disputes
The Court of Protection has confirmed again that clinical commissioning groups (CCGs) must act with urgency to resolve best interests disputes on Covid-19 vaccinations, write Leah Selkirk and Ellie Maudsley.
The Covid-19 inquiry is coming
What does the Covid-19 inquiry mean for local authorities? Olivia Carter and David Owens explain.
Local Authority Insight Series: Making Highways Fit for the Future
Join Ruth Stockley, barrister at Kings Chambers, and Chris Burgess of Norfolk County Council for an in-depth discussion that addresses the legal issues and obstacles involved with adapting highways for a low carbon future and the legal tools available to local authorities.
Health and Care Bill 2021: The role of local authorities in Integrated Care Systems
In the latest in a series of comment pieces on the Health and Care Bill 2021, Anna Hart, Charlotte Burnett and Hamza Drabu consider how local authorities and combined authorities will engage with Integrated Care Partnerships and Integrated Care Boards.
Local Authority Insight Series - Effectively tackling ASB
Join expert Housing barrister, Kuljit Bhogal and Susan Taylor, Senior Solicitor at Capsticks as they outline the latest thinking for social landlords on effectively tackling ASB.
An overview of the legal framework for paying GP practices for premises costs
David Lock QC unpacks the changing model of delivering NHS primary services in the UK.
Local Authority Insight Series - the Liberty Protection Safeguards
ON-DEMAND WEBINAR: Alex Ruck-Keene and Emma Harrison look at how the new Liberty Protection Safeguards will work in practice when they replace the Deprivations of Liberty Safeguards (DOLS) next year.
The COVID-19 Inquiry: Preliminary thoughts on its scope and efficacy
Fiona Scolding QC, Christopher Jacobs, Carine Patry, Ben Fullbrook and Alex Goodman offer some preliminary thoughts on the scope of the public inquiry into the handling of the Covid-19 pandemic inquiry, scheduled to commence in 2022, focusing in particular on the inquiry’s “terms of reference”.
Vaccinating 12 to 15 year olds
Stephanie McGarry and Alistair Taylor consider the Government’s updated guidance on Covid-19 vaccination of 12 to 15 year olds.
The Court of Protection and “the most complex Covid patient in the world”
Alex Ruck Keene looks at the latest ruling by the Vice President of the Court of Protection on the withdrawal of treatment in a COVID context.
Local Authority Insight Series - Local Authority Duties in Intercountry Adoption
ON-DEMAND WEBINAR: Ruth Cabeza, barrister and author of the text, International Adoption, from Harcourt Chambers and Joy Hopkinson, Principal Social Care Lawyer from London Borough of Lambeth, discuss the issues for local authorities dealing with overseas placements both in a private and public law context.
Discharging medically fit children from hospital during a shortage of accommodation
Gemma Brannigan explains how two NHS Trusts recently obtained a High Court Order to require a child to be removed from hospital.
Reporting restrictions in end of life cases
Rosalind English analyses an important High Court ruling on anonymity for treating clinicians in 'end of life' cases.
Long-term leave under s.17 Mental Health Act
Arianna Kelly analyses a recent judgment in which the Upper Tribunal considered whether a s.3 Mental Health Act detention can persist during long-term s.17 Mental Health Act leave without any active connection between the patient and hospital.
What does the COVID pandemic mean for the standard of care?
What is the impact of the COVID-19 pandemic on the interpretation of the appropriate standard of care? Chris Bright QC, John Coughlan QC, Gemma Roberts, and Neil Shastri-Hurst explore the key implications.
Vaccination – looking at all the relevant circumstances
Alex Ruck Keene analyses a Court of Protection ruling on whether a 31-year-old man with a learning disability should be vaccinated against Covid-19.
Health and Care White Paper: opportunities for local authorities
Kirtpal Kaur Aujla considers what the Government's Health White Paper means for local authorities.
The Covid-19 vaccine and capacity
A senior judge recently ruled that it was lawful and in the best interests of an 80-year-old care home resident with dementia and schizophrenia to be vaccinated against Covid-19 despite the objections of her son. Jennifer Swan analyses the judgment.
Community Treatment Orders: does seeing patients remotely suffice?
Jonathan Auburn and Lucy McCann assess whether decision-making as to community treatment orders requires physical attendance.
Ripping up the Mental Health Act - the journey continues
The Government has published a white paper on reforming the Mental Health Act 1983, promising that its proposed changes would provide patients with greater choice and autonomy in a mental health crisis. Sophy Miles sets out the key points.
The inherent jurisdiction, deprivation of liberty and out of hours applications
The Court of Appeal recently set out seven lessons for judges and practitioners in cases where urgent applications without notice are made, after concluding that a disabled man had his human rights breached. Alex Ruck Keene analyses the ruling.
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Traffic Regulation Orders
Jessica Bannon discusses the intricacies of traffic regulation orders.
Zebra 2 funding – subsidy control implications
The deadline for the Government’s Zero Emission Bus Regional Areas (ZEBRA) 2 scheme is approaching. Edward Reynolds, Sally Stone and Helen Feinson look at the key considerations for local transport authorities.
Penalty charge notices and unjust enrichment
Recently there has been renewed interest in Penalty Charge Notices (PCNs) issued by London boroughs in respect of bus lane contraventions, amongst other contraventions. A new line of attack is being deployed, and it is neither restricted to bus lane contraventions nor to just London boroughs, writes Adam Rulewski.
The ULEZ Decision
Craig Howell Williams KC and Merrow Golden analyse the High Court’s judgment in the dispute over the expansion of the Ultra Low Emission Zone (ULEZ) in London.
Highways: only a touch of frost
In his fourth and final article in a short series which focuses on case law which may assist in the defence of claims against Highways Authorities under s.41 of the Highways Act 1980, and inspired at least in part by the wintery weather sweeping across the country, Jack Harding focuses on snow and ice on the highway.
Highway inspections: when once is enough
In the third short article in his series focusing on lesser-known case law which may assist in defending claims brought against highways authorities for failing to maintain the highway under section 41 of the Highways Act 1980 and its predecessors, Jack Harding’s focus moves from section 41 to the statutory defence in Section 58.
Highways: expecting the unexpected
In the second in a series of articles, Jack Harding focuses on lesser-known case law which may assist in defending claims brought against highways authorities for failing to maintain the highway under section 41 of the Highways Act 1980 and its predecessors.
Highways: the ‘rule of thumb’
In the first in a series of articles Jack Harding delves into some of the lesser-known authorities relating to the Highway Authority’s duty to maintain the highway under the Highways Act 1980.
Carbon challenge to Bristol Airport scrambled
Mustafa Latif-Aramesh reports on the failed carbon-based challenge to the Bristol Airport expansion proposals.
Low traffic neighbourhoods: objections and consultation
The London Borough of Enfield recently defended a wide-ranging High Court challenge to its decision to create a permanent “low traffic neighbourhood” in its area. Clive Sheldon KC and Zac Sammour analyse the judgment.
E-scooters and policing
Emelia Bezant-Gahan considers the increasing prevalence of E-scooters and their potential impacts on policing.
HS2 detail approvals schemes
The High Court has rejected a council’s legal challenge to an HS2 detail approvals scheme. Matthew Dale-Harris explains why.
The role of local government and the UK EV Infrastructure Strategy
Jasmine Shokar considers the part local authorities will play in delivering the Government's UK Electric Vehicle Infrastructure Strategy.
What’s in a name? Changing street names
Richard Harwood QC looks at the thorny issues that arise when it comes to renaming streets.
Duties of care, highways authorities and occupiers of land adjoining the highway
The Court of Appeal recently considered whether claims under the Occupiers' Liability Act 1984 against occupiers of land adjoining a highway, and against the relevant highway authority, arising from a tragic road traffic accident were reasonable causes of action or had a real prospect of success. James Marwick, Matthew White and Julian Horne analyse the ruling.
Local authorities and EV charging
Will councils be forced to install EV charging? Neil Kates reports.
Low traffic neighbourhoods
Philippa Jackson analyses the latest rulings in relation to low traffic neighbourhoods and what they mean for future legal challenges.
Procurement and the UK Hydrogen Strategy
Kyle Duggan, Victoria Croshaw, Emily Heard analyse procurement issues in relation to the use of hydrogen in the transport sector.
Road investment and climate change
The Government’s £27bn Road Infrastructure Strategy has been found to be lawful. John Litton QC and Andrew Byass analyse the High Court’s ruling.
The Road Infrastructure Strategy and climate change
The Government’s £27bn Road Infrastructure Strategy has been found to be lawful. John Litton QC and Andrew Byass analyse the High Court’s ruling.
The Stonehenge Tunnel case: heritage impacts and consideration of alternatives
A High Court judge recently quashed the approval of the Stonehenge Tunnel. Victoria Hutton, Rose Grogan, Christiaan Zwart and Richard Harwood QC examines the ruling.
Defects on the highway
A highways authority recently successfully defended a claim brought by an injured motorcyclist. Ian Clarke considers the ruling.
E-scooters in the UK public transport mix
Kathryn Hinchey highlights the challenges faced by local authorities rolling out e-scooter trials due to gaps that remain in the Government legislation and guidance. Here, she discusses the steps needed to ensure that future e-scooter use on UK roads is viable, and that ongoing trials bear fruit.
The Transport and Works Act
Neil Cameron QC, Matthew Henderson, Lorrae Hendry and Kevin Gibbs consider the relevance of the Transport and Works Act (TWA) in an era where development consent orders are often the preferred option for promoting major infrastructure projects.
Diverting a footpath under section 119 of the Highways Act 1980
The Court of Appeal has recently considered the criteria for the diversion of a footpath, bridleway or restricted byway. Trevor Ward examines the ruling.
Rights of Way: An introduction to Private and Public Rights of Way
Lynsey Ellard and Carol Ramsden provide an overview of the differences between private and public rights of way; the characteristics of private and public rights of way; how they are created and how creation may be controlled and how private rights of way may be protected.
Challenging the Streetspace Plan
The High Court recently quashed the Mayor of London's Streetspace Plan and TfL’s Bishopsgate Traffic Management Order. David Matthias QC and Charles Streeten explain why the black cab drivers succeeded.
Inspecting the “soft estate"
A recent case examined liability for the collapse of roadside trees. Adrian Neale and Roger Carver look at the outcome.
Highways, snow and ice
Matthew Mawdsley analyses the first reported decision on s. 41(1A) of the Highways Act 1980 and the question of reasonable practicality.
Highways Q&A Session
In this webinar, Elizabeth Bower, Nigel McCloy and Ridwaan Omar consider the challenges that local authorities have faced when inspecting and repairing highways during the COVID-19 crisis as well as future challenges in defending claims as a result of the pandemic.
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