Indirect effect meaning

In this issue: Public procurement Governance Social housing Education Social care Healthcare LexTalk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Latest Q&As Public procurement Welsh Government publishes statement on PA 2023 commencement regulations The Welsh Government has issued a statement from the Cabinet Secretary for Finance, Constitution and Cabinet Office, Rebecca Evans, regarding the Procurement Act 2023 (Commencement No 3, Transitional and Saving Provisions) Regulations 2024, SI 2024/716. These regulations activate the practical and operational legislative duties under the Procurement Act 2023 (PA 2023). SI 2024/716 sets 28 October 2024 as the start date for the substantive PA 2023 provisions and ends the existing framework. The Welsh Government notes that further commencement regulations will be needed to bring additional PA 2023 provisions into effect, which will likewise require consent of Welsh Ministers. See: LNB News 31/05/2024 8. Procurement Act 2023 (Commencement No 3 and Transitional and Saving...

In this issue: Social housing Education Planning Local government finance Public procurement Governance Healthcare Social care Licensing Environmental law and climate change LexTalk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Social housing Local authority successful in Court of Appeal on suitability of accommodation offered in performance of prevention duty (Fatolahzadeh v LB of Barnet) Fatolahzadeh v LB of Barnet saw Genevieve Screeche-Powell represent the council, which prevailed in resisting a Housing Act 1996 (HA 1996), section 204 appeal pursued by a homeless applicant. Two central issues of principle arose: (i) whether Parliament intended that an alleged non-compliance with the ‘new’ HA 1996, s 189A duties should automatically vitiate any later decision taken to meet the duty to secure suitable accommodation; and (ii) the extent to which the section 202 review procedure can rectify asserted shortcomings. This marks the first occasion on which the Court...

Cooke v Revenue and Customs Commissioners [2024] UKFTT 272 (TC) What are the practical implications of this case? Cooke (and the earlier authority it followed, Lobler [2015] UKUT 152) is very good news for clients (and advisers) whose paperwork fails to capture their commercial intention because of a mistake. It illustrates the FTT’s readiness to employ, in an indirect way, the equitable remedy of rectification to amend documents to favourable effect, even where the principal outcome is a tax saving. The FTT lacks the jurisdiction to order rectification. Nevertheless, Cooke exemplifies the principle that, if the Tribunal is satisfied that, were appropriate proceedings issued in the High Court, the High Court would grant rectification, then the Tribunal ought to proceed as though such rectification had been granted. The threshold for concluding that the High Court ‘would order’ rectification is a demanding one. Cooke also offers guidance on when recourse to equity by way of rectification is not excluded because of its consequences for third parties...

ARCHIVED – This archived practice note sets out information on the EU Damages Directive and captures the position as at its commencement on 27 December 2014. It is not maintained or updated. After nearly a decade of debate, the European Parliament and the Council of Ministers endorsed a new EU directive on private damages actions for breaches of competition law (the Directive). The Directive received formal adoption on 26 November 2014, following sign-off by the Parliament and Council, and appeared in the Official Journal on 5 December 2014; it took effect on 27 December 2014, with Member States afforded two years from that date to transpose its measures into domestic law. The Directive is intended to guarantee that anyone suffering loss caused by an infringement of competition law can effectively pursue full compensation. Its overarching purpose is to tackle obstacles to the effective enforcement of competition rules in the majority of Member States and to set minimum standards and common approaches within the relevant procedural...

This Practice Note outlines the matters an employer must weigh up when obtaining medical assessment reports for their staff and prospective recruits...

Introduction What is groundwater? In brief, groundwater is water stored beneath the surface. Rainfall gathers and then infiltrates the soil, percolating through soils and rocks into aquifers—layers of porous rock or sediment. The British Geological Survey notes that groundwater supplies around one third of the public water in England and makes an important contribution in Wales and Scotland. What is groundwater activity Government guidance explains that a groundwater activity includes: discharging a pollutant that causes, or could cause, a direct or indirect input to groundwater any other discharge that may lead to a direct or indirect pollutant input to groundwater an activity subject to a Schedule 22 notice that has taken effect an activity, carried out as part of another class of regulated facility, that may cause such a discharge The guidance further states it is an offence to cause or knowingly permit a groundwater activity unless authorised by a permit or registered as exempt. Environmental...