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Prepared by Pépin Aslett, barrister and Head of the Business and Property Team, St John’s Buildings, together with Lucas Gregory, pupil barrister, St John’s Buildings. URE Energy Ltd v Notting Hill Genesis [2024] EWHC 2537 (Comm) What are the practical implications of this case? This decision highlights several practical points for practitioners to bear in mind when asked to draft contractual terms or to advise in matters raising the defence of waiver by election. In deciding whether a rights holder suspected that a right might be engaged—and therefore should not have turned a blind eye—the court considered the following: any correspondence or discussions concerning the contract and any potential breaches whether the clause in question would have been prominent or of real significance to a party when negotiating and agreeing the contract whether the term had been expressly brought to that party’s attention whether the provision was drafted in clear language and likely to be readily understood by that individual ...
In this issue: Public procurement Governance Education Social housing Children's social care Social care Healthcare Local government finance Environmental law and climate change Planning Daily and weekly news alerts New and updated content Public procurement Damages are an adequate remedy in a procurement dispute despite no sufficiently serious breach (Millbrook Healthcare Ltd v Devon County Council) In Millbrook Healthcare Ltd v Devon County Council, the Technology and Construction Court (TCC) determined that, at the interim stage of a procurement claim, whether a breach is “sufficiently serious” is not directly relevant to the question of adequacy of damages; damages can still be the proper remedy. The TCC reviewed established authorities confirming that damages are available in procurement challenges only where the contracting authority’s breach is “sufficiently serious”, a test grounded in EU law. The issue was recently examined in Braceurself v NHS England, where the TCC held that the “sufficiently serious” assessment...
In this issue: Equality, diversity and inclusion Whistleblowing Working time and flexible working Data protection and employee information Unfair dismissal Employment Tribunals Europe—EU New and updated content Dates for your diary Trackers New Q&As Employment resources on Lexis+® LexTalk®Employment: a Lexis®Nexis community Daily and weekly news alerts Equality, diversity and inclusion The Equality and Human Rights Commission (EHRC) has revised its interim note on the practical effects of the Supreme Court decision in For Women Scotland v Scottish Ministers [2025] UKSC 16, clarifying expectations around separate-sex workplace facilities. Released on 24 June 2025, the update reflects obligations under the Workplace (Health, Safety and Welfare) Regulations 1992, SI 1992/3004. The EHRC, however, stresses this should not be seen as any alteration to its core stance on the judgment’s implications. See News Analysis: EHRC issues clarification on requirements for separate sex facilities in workplaces. Scottish government publishes Disability Equality Plan The...
This Practice Note provides a brief overview of the law of special educational needs (SEN) in Wales. It summarises the framework under the Additional Learning Needs and Education Tribunal (Wales) Act 2018 concerning additional learning needs (ALN), together with the transitional arrangements brought about by this reform. For coverage of SEN in England, see Practice Note: Special educational needs in England under the Children and Families Act 2014. ALNET(W)A 2018, partially in force (with certain provisions in force from 1 September 2025), applies to the following pupils: children with newly recognised ALN; children who are detained; children in Nursery Years 1 or 2, or Years 1, 3, 5, 7 or 10, already receiving additional learning provision (ALP) through school action or school action plus; children attending a maintained school or Pupil Referral Unit who are looked after, or who are registered at more than one setting; children who are looked after but are not looked after children who are in the...
This Practice Note explains the different categories of schools It first gives an overview of the initial tier of categorisation, separating independent schools, academies and free schools, and maintained schools; it then describes the further categorisation of maintained schools by ownership, pupils’ age ranges and pupil intake. It also sets out the difference between ‘soft’ and ‘hard’ federations of maintained schools. Education law treats each category differently. A school’s governance arrangements, its funding, and the processes for opening, closing or altering a school all turn on its category. These classifications underpin governance, funding and structural change in every case. At the first level, schools fall into three groups: independent schools (commonly known as private schools) academies and free schools maintained schools Sub-categorisation also classifies schools by their ownership, by their pupils’ age ranges and by other selectivities of pupil intake. Many schools make no reference to these categories in their school name, on their website or when putting up signs...
This Lexis+® UK Local Government tracker sets out a log of news, consultations, legislation and developments spanning the full breadth of education, from the early years foundation stage (EYFS) through to further and higher education... See previous archived trackers: 2023 [Archived] 2022 [Archived] 2021 [Archived] 2020 [Archived] 2019 [Archived] 2018 [Archived] 2017 [Archived] 2016 [Archived] For ease of use, the tracker is arranged under: Legislation Bills: passage through parliament Guidance, consultations and developments of interest Cases Legislation Further and Higher Education What’s happening? Student Accommodation (Miscellaneous Provisions) (England) Regulations 2026, SI 2026/327 When? 1 May 2026 Find out more These Regulations amend the Student Accommodation (Codes of Management Practice and Specified Educational Establishments) (England) Regulations 2024, SI 2024/947 and the Assured and Protected Tenancies (Lettings to Students) Regulations 1998,...