Category: statutory duty

Good Faith Clauses in Development Agreements – Tanfield Chambers

Posted December 9th, 2015 in contracts, interpretation, news, sale of land, standards, statutory duty by sally

‘In recent years it has become increasingly common for parties to a development agreement to agree to act towards one another with “good faith”. The meaning and extent of the obligations on the contracting parties imposed by such clauses is often difficult to ascertain. The purpose of this paper is to consider a number of cases in which good faith clauses, implied and express, are discussed and identify the general principles that apply to development agreements.’

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Tanfield Chambers, 30th November 2015

Source: www.tanfieldchambers.co.uk

Regina (Fox and others) v Secretary of State for Education – WLR Daily

Posted November 30th, 2015 in education, examinations, law reports, local government, statutory duty by sally

Regina (Fox and others) v Secretary of State for Education [2015] EWHC 3404 (Admin); [2015] WLR (D) 481

‘The Secretary of State had erred in leaving non-religious views out of the new GCSE subject content for religious studies, which amounted to a breach of the duty to take care that information or knowledge included in the curriculum was conveyed in a pluralistic manner.’

WLR Daily, 25th November 2015

Source: www.iclr.co.uk

Religious education and state impartiality – Education Law Blog

Posted November 30th, 2015 in education, examinations, local government, news, statutory duty by sally

‘In R (Fox) v Secretary of State for Education [2015] EWHC 3404 (Admin), Warby J held that guidance issued by the Secretary of State for Education was unlawful because it contained a statement (referred to in the judgment as “the Assertion”) that delivery of Religious Studies GCSE content consistent with subject content prescribed by the Secretary of State would in all cases fulfil the state’s legal obligations with regard to religious education. In fact, the judge held, relying exclusively on such GCSEs could be enough to meet those obligations but would not necessarily be so and some additional educational provision may be required.’

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Education Law Blog, 27th November 2015

Source: www.education11kbw.com

Trial judge and costs. Ooops – Nearly Legal

Posted October 12th, 2015 in appeals, costs, damages, expert witnesses, housing, landlord & tenant, local government, misrepresentation, negligence, news, statutory duty by tracey

‘I’ve heard about a few costs decisions by trial judges recently which might be considered, to put it politely, interesting, or brave, in the Yes Minister sense. So it was with some interest that I read the Court of Appeal decision in Begum v Birmingham City Council [2015] EWCA Civ 386.’

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Nearly Legal, 8th October 2015

Source: www.nearlylegal.co.uk

Listen very carefully, I shall do this only once – Nearly Legal

Posted September 28th, 2015 in disabled persons, homelessness, housing, interpretation, judicial review, local government, news, rent, statutory duty by sally

‘The Claimant in R (on the application of Brooks) v LB Islington [2015] EWHC 2657 (Admin) was the mother of 3 children, who applied to the local authority as homeless following her eviction from a housing association property for rent arrears on 24/3/2015. Sadly, Ms B’s adult, terminally ill, son died two days after the offer of interim accommodation that was the subject of this judicial review.’

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Nearly Legal, 27th September 2015

Source: www.nearlylegal.co.uk

Hazard? What Hazard? – Nearly Legal

Posted September 9th, 2015 in homelessness, housing, local government, news, noise, statutory duty by sally

‘When do local authorities have to conduct Housing Act 2004 hazard assessments as part of their homelessness duties?’

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Nearly Legal, 9th September 2015

Source: www.nearlylegal.co.uk

Where do the boundaries lie? MN (Adult) [2015] EWCA Civ 411 – No. 5 Chambers

Posted September 7th, 2015 in Administrative Court, appeals, case management, Court of Protection, declaratory judgment, disabled persons, human rights, jurisdiction, news, statutory duty by sally

‘Sir James Munby, President of the Court of Protection, provided clear guidance as to the nature of the Court of Protection’s jurisdiction, and the approach that should be adopted when a care provider is unwilling to provide, or to fund, the care sought.’

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No. 5 Chambers, 2nd September 2015

Source: www.no5.com

Wandsworth London Borough Council v Tompkins and another – WLR Daily

Posted August 12th, 2015 in appeals, homelessness, housing, law reports, local government, notification, repossession, statutory duty by sally

Wandsworth London Borough Council v Tompkins and another [2015] EWCA Civ 846; [2015] WLR (D) 357

‘Where a local housing authority provided accommodation under a tenancy pursuant to its duty under Part VII (Homelessness) of the Housing Act 1996, the requirement in paragraph 4 of Schedule 1 to the Housing Act 1985 which had to be satisfied in order for the tenancy to qualify as a secure tenancy (that the housing authority had to give notification that the tenancy “is to be regarded” as a secure tenancy), meant that the notification had to state that the tenancy was regarded as a secure tenancy at the date of grant and not at some unspecified date in the future.’

WLR Daily, 31st August 2015

Source: www.iclr.co.uk

Supreme Court overturns key Court of Appeal decision on ordinary residence – Local Government Lawyer

Posted July 10th, 2015 in appeals, disabled persons, interpretation, local government, news, statutory duty, Supreme Court by tracey

‘The Supreme Court has rejected a Court of Appeal ruling on who has financial responsibility for the care of an adult with physical and learning disabilities, instead ruling that the local authority initially responsible for meeting his needs as a child should be responsible for his care after the age of 18.’

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Local Government Lawyer, 9th July 2015

Source: www.localgovernmentlawyer.co.uk

Jails and universities obliged to prevent radicalisation as new act becomes law – The Guardian

Posted June 30th, 2015 in codes of practice, hospitals, Islam, local government, news, prisons, school children, statutory duty, terrorism, universities by sally

‘Local authorities, prisons, NHS trusts, schools, universities and further education institutions will this week be placed under a new statutory duty to prevent extremist radicalisation taking place within their walls.’

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The Guardian, 29th June 2015

Source: www.guardian.co.uk

Johnston v Westminster City Council – WLR Daily

Posted June 5th, 2015 in appeals, homelessness, housing, law reports, local government, statutory duty by tracey

Johnston v Westminster City Council: [2015] EWCA Civ 554; [2015] WLR (D) 238

‘For the purposes of section 175 of the Housing Act 1996, the fact that an applicant for homeless assistance in one local housing authority might be offered accommodation by another authority which might satisfy section 175(3) of the Act did not entitle the decision-maker to find that the applicant was not homeless.’

WLR Daily, 3rd June 2015

Source: www.iclr.co.uk

Judgment prompts review of thousands of housing cases – Law Society’s Gazette

Posted May 20th, 2015 in homelessness, housing, local government, news, statutory duty by sally

‘Local authority housing lawyers will potentially have to review thousands of applications for accommodation after the Supreme Court widened the scope of vulnerable applicants who are considered homeless.’

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Law Society’s Gazette, 18th May 2015

Source: www.lawgazette.co.uk

Confusion reigns over new social care laws – Law Society’s Gazette

Posted April 27th, 2015 in community care, local government, news, social services, statutory duty by sally

‘A statute modernising adult social care law that came into force this month could expose local authorities to greater litigation risks.’

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Law Society’s Gazette, 27th April 2015

Source: www.lawgazette.co.uk

Al-Saadoon and others v Secretary of State for Defence – WLR Daily

Posted April 20th, 2015 in armed forces, compensation, death in custody, human rights, Iraq, judicial review, jurisdiction, law reports, statutory duty, torture by sally

Al-Saadoon and others v Secretary of State for Defence [2015] EWHC 715 (Admin); [2015] WLR (D) 168

‘Individuals in certain test cases who had been shot by British forces in Iraq were within the United Kingdom’s jurisdiction, for the purposes of article 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms, because they had been shot in the course of security operations in which British forces were exercising public powers normally exercised by the Iraqi government and because shooting someone involved the exercise of physical power over that person.

WLR Daily, 17th March 2015

Source: www.iclr.co.uk

From ‘pillar to post’ – Nearly Legal

Posted April 20th, 2015 in benefits, children, homelessness, housing, judges, judgments, local government, news, statutory duty by sally

‘In a judgment of undisguised anger, Cobb J described the conduct of LB Tower Hamlets and LB Havering as “shameful” in the way in which they treated AM and his family. I haven’t come across Cobb J before but his judgment in AM v Tower Hamlets LBC and Havering LBC [2015] EWHC 1004 (Admin) is just about as good a judgment as I’ve read in a long time. The question was which authority should have “picked up” AM and his household, with children who were almost certainly in need under s.17, Children Act 1989.’

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Nearly Legal, 17th April 2015

Source: www.nearlylegal.co.uk

Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) – WLR Daily

Posted April 8th, 2015 in appeals, children, education, families, homelessness, housing, law reports, local government, statutory duty, Supreme Court by sally

Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) [2015] UKSC 22; [2015] WLR (D) 165

‘A local housing authority, in carrying out its duties under the Housing Act 1996, was obliged to accommodate a homeless person in suitable accommodation within its district if it was reasonably practicable to do so. The authority was to determine the suitability of the proposed accommodation by reference to the needs of the individual homeless person and each member of her household and to its location. Where accommodation was offered outside the authority’s district, the placement was to be as close as possible to where the members of the household had previously lived. In reaching its decision, the authority was required to take account of the Homelessness (Suitability of Accommodation) (England) Order 2012 (SI 2012/2601) and the guidance issued by the Secretary of State for Communities and Local Government. It was also required, by section 11(2) of the Children Act 2004, to have regard to the need to safeguard and to promote the welfare of the children concerned.’

WLR Daily, 2nd April 2015

Source: www.iclr.co.uk

In re S (A Child) (Access to Justice Foundation intervening) – WLR Daily

Posted April 8th, 2015 in appeals, children, costs, law reports, local government, statutory duty, Supreme Court by sally

In re S (A Child) (Access to Justice Foundation intervening) [2015] UKSC 20; [2015] WLR (D) 163

‘The principle that orders for costs were not normally made in cases about children applied in cases involving local authorities, whether in relation to first instance proceedings or on appeal. A costs order would only be made where a party had acted reprehensibly in relation to the child or had taken an unreasonable stance in the proceedings, or if it were otherwise appropriate and just, as where the child’s welfare might be put at risk if a costs order were not made.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

The Care Act 2014: Eligibility Criteria, Duties and Powers in Respect of Adults in Need of Care and Support – Doughty Street Chambers

Posted April 1st, 2015 in carers, disabled persons, local government, news, proportionality, social services, statutory duty by sally

‘This section deals with the eligibility criteria and the powers and duties in respect of adults in need of ‘care and support’. The new powers and duties in relation to those who provide adults with care are dealt with separately.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

The Care Act 2014: The Duty to Assess Need – Doughty Street Chambers

Posted April 1st, 2015 in carers, disabled persons, local government, news, proportionality, social services, statutory duty by sally

‘This paper considers the duties to undertake assessments of care needs in the Care
Act 2014 (“the Act”), including the primary duty under section 9, the duty to assess
carers under section 10; the transition assessment duties and the out of area
transfer duties under sections 58 and 37 respectively.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Council defeats High Court challenge to consultation on adult care cuts – Local Government Lawyer

Posted February 23rd, 2015 in budgets, consultations, disabled persons, local government, news, social services, statutory duty by sally

‘The High Court has rejected a legal challenge to Trafford Metropolitan Borough Council’s consultation on its proposal to cut its adult social care budget for 2015/16.’

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Local Government Lawyer, 20th February 2015

Source: www.localgovernmentlawyer.co.uk