“A lot of the work that I do is historic-the maximum sentences change at different points of time. It's really complicated and people get it wrong all the time. That's when having a timeline is really useful.”
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In this issue: Public procurement Social housing Social care Education Children's social care Governance Healthcare Licensing Local authority prosecutions Environmental law and climate change Planning LexTalk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Public procurement Court of Appeal rules on duty to clarify tender submissions with bidders in UK public procurement (Working on Wellbeing Ltd trading as Optima Health v (1) Secretary State for Work and Pensions (2) Department for Work and Pension) In a notable ruling in Working on Wellbeing Ltd trading as Optima Health v (1) Secretary State for Work and Pensions (2) Department for Work and Pension [2025] EWCA Civ 127, the Court of Appeal allowed Optima Health’s appeal after its disqualification from a Department for Work and Pensions (DWP) procurement. The court set out when contracting authorities may request clarification from bidders, and when that discretion evolves into a...
RP v Barnsley Metropolitan District Council [2025] UKUT 46 (AAC) What are the practical implications of this case? As Tribunal Judge McCarthy recognised when allowing permission to appeal, mistakes such as faulty bundle pagination are a commonplace hazard in tribunal proceedings and would not, in the ordinary run of things, vitiate fairness. That RP was able to persuade the Upper Tribunal that, in her particular circumstances, they did affect the fairness is notable and will no doubt galvanise practitioners to ensure bundles are clearly, correctly, and consistently paginated, all the more in matters where parents attend without representation. Further, the expectation that revised EHCPs would be issued shortly should not have dissuaded the First-tier Tribunal from directing the necessary alterations to the plans then in force. What was...
In this issue: Highways Public procurement Education Social care Planning Children's social care Local government finance Governance Pensions Social housing Licensing Environmental law and climate change Daily and weekly news alerts New and updated content Highways Supreme Court confirms that section 10(1) of Dartmoor Commons Act confers a public right of access which extends to wild camping as a form of open-air recreation (Darwall and another v Dartmoor National Park Authority) In Darwall and another v Dartmoor National Park Authority, the Supreme Court unanimously dismissed the appeal by Mr and Mrs Darwall, finding that section 10(1) of the Dartmoor Commons Act 1985 (DCA 1985) confers a public right of access that includes wild camping as a type of open-air recreation. Hannah Brown, senior solicitor, and Matthew McFeeley, partner, at Richard Buxton Solicitors, together with Rosie Brain, solicitor at Clarke Willmott, examine the implications of the decision. See News Analysis:...
Yunneng Wind Power Co. Limited successfully sought a Part 26A restructuring plan (RP), with the convening hearing in July 2023 and the sanction hearing in August 2023. The key points are set out below. Capitalised terms not defined here take the meanings assigned in the convening and sanction judgments. This Deal Debrief forms part of the Restructuring plans collection. For a fuller review of core metrics from RPs lodged in 2023, alongside commentary from leading figures in the restructuring sphere, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [Archived]. Name of plan company Yunneng Wind Power Co....
Deal Debrief The Great Annual Savings Company Ltd sought approval for a Part 26A restructuring plan (RP), reaching a convening hearing in February 2023 and progressing to a sanction hearing in April 2023. Sanction was declined owing to significant objections from HMRC and other creditor groups. Core terms for this SME RP are set out below (all capitalised expressions not otherwise explained take the meanings given in the convening and sanction judgments). This Deal Debrief sits within our Restructuring plans collection. For a detailed review of metrics from RPs filed in 2023 and insights from restructuring practitioners, consult Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [Archived]...
PizzaExpress Financing 2 plc applied for a Part 26A restructuring plan (RP) at a convening hearing in September 2020 and sanction hearing in October 2020. The principal points are outlined below; unless specified otherwise, capitalised expressions bear the meanings set out in the convening judgment. This Deal Debrief sits within our Restructuring plans collection. For an in-depth look at key metrics from the 2023 RPs and commentary from leading figures in the restructuring arena, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [Archived]. Plan company: PizzaExpress Financing 2 plc (the Company) Industry: Restaurants Debtor’s incorporation and jurisdictional aspects: England & Wales, with COMI in the UK Pre-convening development: the Company executed a Contribution Deed one month prior to the convening hearing, which in effect rendered it a primary obligor...
Under the Capital Funding Guide issued by Homes England, where a development lies within a designated protected area (DPA) and benefits from grant, the registered provider (RP) granting a shared ownership lease must include one of two provisions: limit staircasing to a maximum of 80%; or if staircasing beyond 80% is permitted, require the leaseholder to sell their share back to the landlord (or a nominee that is also an RP) at market value when they wish to sell. In certain cases, a local authority can seek a waiver of these conditions from Homes England where the supply of shared ownership homes is no longer constrained. Notwithstanding guidance suggesting one of the above clauses is mandatory for every shared ownership lease in a DPA, our understanding is that the applicable regulations do not impose this where the site has not received grant. For more detail, see: Practice Note: Entitlements under shared ownership leases Housing (Shared Ownership Leases)...