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Litigation and Enforcement

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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

April 04, 2025

High Court guidance on Article 3 engagement in care at home cases

David Lawson and Katherine Hampshire analyse the approach taken to human rights claims in claims against public bodies providing accommodation and social care. Such claims face significant hurdles and there is a growing body of guidance on where the boundary lies.
April 02, 2025

Disability, duality, reasonable to occupy

What is the correct route to challenge a decision of the local authority that you consider amounts to disability discrimination? This was the question recently tackled by Fordham J in the High Court. Catherine Rowlands examines the outcome.

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Mar 27, 2025

Appellant fails in Divisional Court challenge to convictions over failure to meet private hire vehicle licensing requirements

The Divisional Court has rejected an appeal by the owner of a company that contracted with local authorities to provide transport services for children with special educational needs against his conviction on four charges of being the operator of a private hire vehicle (PHV) when a PHV licence was not in force, and two charges of being the operator of a PHV when the driver was not the holder of a…
Mar 27, 2025

Upper Tribunal rejects appeal by successful party over refusal costs award against council in improvement notice dispute

A property firm has lost a costs application against the London Borough of Lambeth after Martin Rodger KC, Deputy Chamber President, said at the Upper Tribunal (Lands Chamber) that, despite finding a combination of legal errors in the costs decision of the First-Tier Tribunal Property Chamber, it was inappropriate for him either to remit the case or remake the decision himself.
Mar 14, 2025

Court of Appeal upholds plan for adoption for 18-month-old boy as placement with extended family in Pakistan “not achievable within his timescales”

The Court of Appeal has dismissed an appeal against a placement order made in respect of an 18-month-old boy, finding that the aspiration to place him with extended family in Pakistan was “not achievable” within the timescales, and that the child’s best interests could only be served by the making of a placement order with a view to him being adopted in the UK.
Mar 10, 2025

Family of self-employed carpenter secure asbestos cancer settlement against council

The family of a Kent carpenter who died from mesothelioma, a cancer caused by asbestos, have agreed a six-figure settlement in a claim against Medway Council, after arguing the local authority owed him a duty of care as the occupier of the site he was working on. The self-employed carpenter was sub-contracted via CJ Howards & Sons to work for Medway Council between 1970 to 1973. During this…

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March 19, 2025

Journalist attendance at Family Court hearings

Charlotte Epstein dives into the decision to allow journalists to observe and report on family court hearings. Implemented following a successful pilot, the aim is to increase public understanding and awareness of the Family Courts.
March 13, 2025

Cider house doesn't rule

Roderick Morton looks at the outcome of a High Court appeal against an enforcement notice on the grounds that the matters said to be a breach of planning control "have not occurred".
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.
February 28, 2025

What is the right approach to Care Act assessments?

The High Court has provided guidance on the five stages of a Care Act assessment and on the meaning of accommodation-related care and support needs. David Lawson and Katherine Hampshire analyse six key points arising from the judgment.
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.