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Latest Local Government News
Local Government weekly highlights—21 January 2021
The following Local Government news provides comprehensive and up to date legal information on Local Government weekly highlights—21 January 2021
Court of Appeal confirms that relevant local plan policy can prevent application of tilted balance in NPPF (Paul Newman Homes v SSHCLG)
The following Local Government news provides comprehensive and up to date legal information on Court of Appeal confirms that relevant local plan policy can prevent application of tilted balance in NPPF (Paul Newman Homes v SSHCLG)
An object lesson in how not to respond to judicial review (R (on the application of Nur) v Birmingham City Council)
The following Local Government news provides comprehensive and up to date legal information on An object lesson in how not to respond to judicial review (R (on the application of Nur) v Birmingham City Council)
A trust of open land for the benefit of the public does not endure where a disposal of that land is made in breach of the rules about disposals (R (Day) v Shropshire Council)
Featured Local Government content
Forming enforceable contracts—intention to create legal relations
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...
Introduction to passing off
Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing 'copycat' products or...
Forming enforceable contracts—consideration
This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A...
Contract interpretation—express terms in contracts
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan
HCPC—Main hearing of the Health and Care Professions Tribunal
This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...
Produced in partnership with Paul Renteurs of 2 Hare Court 12th Jan
Highways, street works and statutory undertakers
Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...
Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 12th Jan
Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan
Section 38 and section 278 Highways Act agreements—contractor's perspective
This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...
Single justice procedure
The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...
Produced in partnership with Quinton Newcomb of Fulcrum Chambers 12th Jan
Void contracts
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
Damages in tort claims—recovery and assessment
This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...
Produced in partnership with Lina Mattsson of Hardwicke Chambers 12th Jan
Judicial review time limits—extensions and urgent cases
When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...
Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Termination and expiry of contracts
This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...
COVID-19 In-house
Termination for breach of contract
The termination of a contract by reason of one party's breach of contract arises as follows:•one party to the contract is in breach of contract•the...
Concurrent and reversionary leases
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
Civil recovery orders in SFO cases
A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...
Definition and classification of highways
Letter responding to clarification requests
[On headed paper][insert date][Address of tenderer provided in request for clarification]Dear [[insert contact name of tenderer] OR [insert contact...
Produced in partnership with Peter Ware of Browne Jacobson 12th Jan
IP rights and semiconductors
Background to semiconductorsA semiconductor is essentially any material which has electrical conductivity and can thus either conduct, or conversely,...
Produced in partnership with Greg Burke of RPC, Paul Joseph of RPC and Sophie Tuson of RPC 12th Jan
Most recent Financial matters content
Securing and enforcing community care liabilities
Types of LiabilitiesThe primary community care liabilities a local authority (LA) is likely to have to recover, are:•residential care•domiciliary...
Produced in partnership with Warren Shackleton of Network Homes 16th Jan
Social security benefits—eligibility and claims
STOP PRESS:The Chancellor in his 2014 Autumn Statement announced that the Bereavement Support Payment will become operational from April 2017 and will...
Help with housing costs
Although local authorities have some responsibilities regarding care funding and it is that area that causes major discussion, they also have...
Social security benefits—the benefits
STOP PRESS:The guidance in this Practice Note may be affected by the announcements in Autumn Statement 2015. For an overview of these announcements,...
Means testing for local authority assistance with care funding
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other...
Produced in partnership with Christine Cooper of Field Court Chambers 8th Jan
When assessing an individual's finances for entitlement for financial support for care home fees and their spouse dies leaving the matrimonial home to them, do you assess from the date of death or the date the funds are received?
Status of the beneficial interest in the property post-death for the purpose of financial assessmentThe beneficial interest in bequeathed assets does...
Produced in partnership with Warren Shackleton of Network Homes 8th Jan
It is a condition of a deferred payment agreement under the Care Act 2014 that the local authority will not unreasonably withhold or delay consent to a service user's property being let as an assured shorthold tenancy (AST) which enables an order for possession to be obtained on one month's notice after an initial term of no more than six months, and which enables possession to be obtained on the minimum statutory notice period. Can an AST be granted on these terms given that a landlord must give two months' notice under section 21 of the Housing Act 1988?
It is assumed that the tenancy granted by the homeowner is an assured shorthold tenancy under the Housing Act 1988 (HA 1988).Deferred payment...
Produced in partnership with Kevin Long of Hackney Law Centre 8th Jan
Are the executors of a deceased service user who had a deferred payment agreement in place on a property to fund her nursing home fees entitled to deduct the financial limit for assistance (£23,250) before payment?
In this Q&A we have assumed:•assessment of the deceased was correctly calculated•deceased had a normal financial profile and was not for example...
How is part ownership of a working farm treated when assessing an individual's capital for residential care purposes? Can the surviving family reopen a local authority capital assessment post death?
In answering this Q&A, we have limited our research to the Care Act 2014 (CA 2014), Care and Support Statutory Guidance (the Guidance) and very brief...
How long does a local authority have to keep records of payments made to care home providers? What basis can an individual request details of payments made?
How long does a local authority have to keep records of payments made to care home providers?In some respects, the answer is that the local authority...
A local authority has two charges registered against a freehold property in Wales in respect of care charges under the Health and Social Services and Social Security Adjudications Act 1983. The service user and sole owner of the property died intestate two years ago, however to date a grant of representation has not been obtained and so the debt for care fees remains unpaid. Is it possible to force a sale as creditor to discharge the debt, as the charges take effect as a legal mortgage under the Law of Property Act 1925?
The regime under the Health and Social Services and Social Security Adjudications Act 1983 (HSSSSAA 1983) allows for the charging of the provision of...
Produced in partnership with Chris Bryden of 4 King's Bench Walk 8th Jan
Coronavirus (COVID-19)—social care tracker
This tracker is focused on social care and is intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and...
What is the impact of a service user's decision to add extra names to the title deeds as joint tenants when they had previously been the only registered legal owner on the value of their property? Could this be a deprivation of assets?
Any assessment of deprivation of assets is highly fact and circumstance specific. It requires a local authority to undertake careful and sensitive...
Is income received from a periodical payment from a personal injury damages award to be taken into account for financial assessment for eligibility for funding for local authority care?
In the past, local authorities (LAs) were free to make their own policies in respect of care provided in non-residential settings if they complied...
What is the limitation period for recovery of the Care Act 2014 liabilities?
According to section 69(3) of the Care Act 2014 (CA 2014):'A sum is recoverable under this section—(a) in a case in which the sum becomes due to the...
How can a local authority recovery care fees after the person receiving the care has died? Can interest continue to be charged to the estate after death?
The Care Act 2014 (CA 2014) provides a framework for the recovery of debts resulting from a local authority's involvement in support and care,...
How do you assess the value of a beneficial share in a jointly-owned property, for the purposes of assessing an individual's financial contribution toward their social care charges?
For the purposes of this Q&A, it has been assumed the property is a jointly-owned property where the other beneficial owner remains in occupation and...
Is there guidance on what should go into a top-up agreement for care fees between a local authority and third party following section 30 of the Care Act 2014 and Care and Support and After-care (Choice of Accommodation) Regulations 2014, SI 2014/2670?
Guidance on what should go into an agreement concerning the additional cost conditionSection 30 of the Care Act 2014 and the Care and Support and...
What do local authority means testing assessments take into account, for the purposes of assessing an elderly client's income/capital in relation to care home fees?
A local authority (LA) has a duty to place an assessed adult, with needs for care and support, in their preferred accommodation if certain criteria...
Can a property in Scotland be accepted as security for a Deferred Payment Agreement under the Care Act 2014?
For the purposes of this Q&A we have limited our research to cover whether it is theoretically possible to secure a Deferred Payment Agreement (DPA)...
Scottish Law
Term Loan B facilities
This Practice Note discusses Term Loan B (TLB) facilities which frequently appear as a tranche of senior facilities in syndicated loans in leveraged financings. TLBs are an established feature in the US market and increasingly used in the European lending market for institutional investors.This
Forfeiture of a lease
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
Separation of powers—legislative, executive and judiciary
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke's Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.'… it may be too great a temptation to human frailty, apt to
Forum non conveniens—scope and application
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied