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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...
In this issue: Social housing Children's social care Governance Public procurement Social care Local government finance Licensing Planning Daily and weekly news alerts New and updated content Social housing Rent repayment orders and ‘person managing’ (Global 100 v Ross and others) Global 100 appealed to the Upper Tribunal (Lands Chamber), challenging a First-tier Tribunal (FTT) ruling which had allowed the respondent property guardian’s application for rent repayment orders (RROs) under section 43 of the Housing and Planning Act 2016 (HPA 2016). The London Borough of Haringey had entered into a contract with GGM concerning a council-owned building to provide live-in property guardianship services. In turn, GGM authorised its related company, Global 100 (G100), to issue licences to live-in guardians, a group that included the respondents to the appeal. No payments were made by the respondents to the Local Authority; instead, the authority received only a monthly sum from GGM. The respondents brought proceedings...
Key developlments in 2024 2024 has seen notable movement in climate change litigation across the UK and internationally. In the UK, attention has largely centred on whether proposed fossil fuel projects’ Scope 3 emissions were properly addressed within Environmental Impact Assessments (EIAs) at the planning stage. Internationally, energy-sector disputes have focused on actions against governments for alleged breaches of climate obligations under domestic law or binding international frameworks, alongside claims against corporations arising from their perceived contribution to climate change. For further background on climate litigation generally, including many of the matters noted below, see Practice Note: Climate change litigation. Requirement to consider Scope 3 emissions in EIAs Climate litigation commenced in January 2024 with the ruling in Greenpeace Nordic and Nature & Youth v Energy Ministry (The North Sea Fields Case). The case challenged the Norwegian government’s omission of Scope 3 emissions when approving development plans for three North Sea oil & gas fields. The Oslo District Court ruled in favour of the claimants, overturning the...
Practice Note This Practice Note sets out when pre-sentence reports should be obtained and how they are used to support sentencing decisions after conviction in England and Wales. A pre-sentence report (PSR) is ordinarily prepared by the National Probation Service (NPS); for youthful defendants it may instead be produced by a social worker or a youth offending team member. Its purpose is to assist the court in deciding the most appropriate way of dealing with a defendant at the point of sentence. A PSR is usually provided in writing. It can be delivered orally in court unless the defendant is under 18, or the court is contemplating the imposition of a custodial sentence under specific provisions concerning determinate sentences, extended sentences, and life sentences for young offenders; in those circumstances it must be in writing. Under the Sentencing Council’s guideline on the imposition of community and custodial sentence, when a community or custodial sentence is being considered the court must request and consider a PSR before reaching...
ARCHIVED: This archived Practice Note gives background on the changes to criminal procedure effective from 3 April 2017. The Criminal Procedure Rules 2015, SI 2015/1490, have since been amended repeatedly. See Practice Note: The Criminal Procedure Rules. The note states the law as at 3 April 2017 and is not maintained; it is for background only. The Criminal Procedure Rules 2015 (CrimPR), SI 2015/1490, were updated by the Criminal Procedure (Amendment) Rules 2017, SI 2017/144, and the Criminal Procedure (Amendment No 2) Rules 2017, SI 2017/282, with effect from 3 April 2017. This note flags the key additions and revisions to the CrimPR. For further detail, see News Analysis: All change for the Criminal Procedure Rules? New rules Allowing sufficient time for consideration of the initial details of the prosecution case Under CrimPR, Part 8, at the first hearing prosecutors must supply both the defence and the court with enough information to assess the prosecution case against the defendant and decide how to proceed. This is called initial...
The accused's eligibility for special measures Under the Youth Justice and Criminal Evidence Act 1999 (YJCEA 1999), the court may put in place a range of provisions to support vulnerable and intimidated witnesses so they can give their best evidence in court. These are termed special measures. For details on the special measures available to vulnerable and intimidated witnesses, see Practice Note: Special measures. The accused is generally excluded from entitlement to most special measures; however, the court does have the power to direct that a defendant give evidence by live link and to appoint an intermediary to facilitate a defendant’s participation at trial. Criminal Procedure Rules 2025, SI 2025/909 (CrimPR 2025), r 3.3 imposes a duty on the prosecution and the defence to notify the court of any potential impediment to the defendant's effective participation in the trial. Practitioners should therefore remain alert to any matters affecting the defendant’s ability to engage effectively with the trial process and raise these with the court promptly. Live links for...