Environmental caselaw update - covering:: nuisance, costs and Aarhus, costs & nuisance claims, Article 9 of the Aarhus Convention and Costs,Communications ACCCC/2013/85 and 68 to the Aarhus Convention Compliance Committee,EIA/SEA and conservation, wild birds and habitats
Chapter 10 ten responses to complaint civ lit 2difordham
This document discusses the various responses that can be filed in a civil litigation case, including answers to complaints, replies to counterclaims, motions to dismiss, extensions, affirmative defenses, cross-claims, third-party complaints, and the consequences of failing to respond by the deadline such as a default judgment. It provides details on the proper formatting and content required for each type of response.
CLE International NEPA Conference Presentation 2009 Alan Waltnerawaltner
This document discusses NEPA's treatment of emergencies, uncertainty, and terrorism. It summarizes key cases on NEPA's emergency provisions and the definition of an emergency. It also examines cases related to uncertainty in environmental analyses, including worst-case analyses and terrorism risks. The document analyzes the Mothers for Peace v. NRC case, which required consideration of terrorism risks for a spent nuclear fuel storage facility. Subsequent developments in the treatment of terrorism risks under NEPA and CEQA are also discussed.
This document summarizes several recent Canadian court cases related to Aboriginal law and the duty to consult. Key issues addressed in the cases included what triggers the duty to consult, the standard of review for consultation, the admissibility of evidence, delegation of consultation, remedies, and the division of federal and provincial powers related to consultation. The document provides summaries of the fact scenarios and key holdings of each case.
The document summarizes a presentation on recent land use law cases. It discusses several Supreme Court and federal appellate court rulings from 2011-2012 related to topics like regulatory takings, equal protection challenges to land use regulations, religious land use issues, and the regulation of activities like hydraulic fracturing. The presentation aims to provide a fast-paced overview of lessons learned from these cases for land use practitioners and planners.
Our Admin and Public Law seminar, chaired by Sir Robert Devereux, former Permanent Secretary for the Department for Work and Pensions was held on Thursday 4 April, covering the following topics:
- 'wearing two hats' - managing the legal risks of conflicts of interest and allegations of pre-determination/bias
- information law update session - freedom of information (FOI) cases, General Data Protection Regulation (GDPR)
- case law update
- judicial review - tactics for dealing with judicial review and case law
8. fred logue access to environmental informationELIGConference
This document discusses access to environmental information in Ireland based on EU directives and court judgments. It summarizes that public authorities broadly defined must provide access to environmental information, with exceptions construed narrowly and a public interest balance. Key court cases have established that EU law can override national rules and must be interpreted purposively to ensure transparency. However, implementation challenges remain, as public authorities often deny requests are environmental, rely on improper exemptions, and reviews can be delayed. Courts also apply a deferential standard of review rather than fully considering requested information. Overall access has expanded but further reforms are still needed.
Environmental caselaw update - covering:: nuisance, costs and Aarhus, costs & nuisance claims, Article 9 of the Aarhus Convention and Costs,Communications ACCCC/2013/85 and 68 to the Aarhus Convention Compliance Committee,EIA/SEA and conservation, wild birds and habitats
Chapter 10 ten responses to complaint civ lit 2difordham
This document discusses the various responses that can be filed in a civil litigation case, including answers to complaints, replies to counterclaims, motions to dismiss, extensions, affirmative defenses, cross-claims, third-party complaints, and the consequences of failing to respond by the deadline such as a default judgment. It provides details on the proper formatting and content required for each type of response.
CLE International NEPA Conference Presentation 2009 Alan Waltnerawaltner
This document discusses NEPA's treatment of emergencies, uncertainty, and terrorism. It summarizes key cases on NEPA's emergency provisions and the definition of an emergency. It also examines cases related to uncertainty in environmental analyses, including worst-case analyses and terrorism risks. The document analyzes the Mothers for Peace v. NRC case, which required consideration of terrorism risks for a spent nuclear fuel storage facility. Subsequent developments in the treatment of terrorism risks under NEPA and CEQA are also discussed.
This document summarizes several recent Canadian court cases related to Aboriginal law and the duty to consult. Key issues addressed in the cases included what triggers the duty to consult, the standard of review for consultation, the admissibility of evidence, delegation of consultation, remedies, and the division of federal and provincial powers related to consultation. The document provides summaries of the fact scenarios and key holdings of each case.
The document summarizes a presentation on recent land use law cases. It discusses several Supreme Court and federal appellate court rulings from 2011-2012 related to topics like regulatory takings, equal protection challenges to land use regulations, religious land use issues, and the regulation of activities like hydraulic fracturing. The presentation aims to provide a fast-paced overview of lessons learned from these cases for land use practitioners and planners.
Our Admin and Public Law seminar, chaired by Sir Robert Devereux, former Permanent Secretary for the Department for Work and Pensions was held on Thursday 4 April, covering the following topics:
- 'wearing two hats' - managing the legal risks of conflicts of interest and allegations of pre-determination/bias
- information law update session - freedom of information (FOI) cases, General Data Protection Regulation (GDPR)
- case law update
- judicial review - tactics for dealing with judicial review and case law
8. fred logue access to environmental informationELIGConference
This document discusses access to environmental information in Ireland based on EU directives and court judgments. It summarizes that public authorities broadly defined must provide access to environmental information, with exceptions construed narrowly and a public interest balance. Key court cases have established that EU law can override national rules and must be interpreted purposively to ensure transparency. However, implementation challenges remain, as public authorities often deny requests are environmental, rely on improper exemptions, and reviews can be delayed. Courts also apply a deferential standard of review rather than fully considering requested information. Overall access has expanded but further reforms are still needed.
The document provides an overview of the planning appeals process in Wales. It explains that applicants can appeal a planning decision if an application is refused, approved with conditions, not decided in time, or if further information was requested for an outline application. Appeals must generally be made within 6 months and be based on valid planning grounds. Appeals are handled by the Planning Inspectorate Wales and can be decided through a written process, public hearing, or public inquiry depending on complexity. The inspector makes the final decision to approve or dismiss the appeal, except for major projects which may be decided by the Welsh government. Appeals can only be challenged through judicial review.
This document summarizes several recent land use law cases from 2015. It provides brief summaries of cases related to noise ordinances, regulatory takings, zoning exemptions, sign codes, environmental regulation cost considerations, conflicts of interest for zoning board members, religious land use, defining public parks, conditions of zoning approvals, defamation claims, procedural requirements for land use boards, subdivision exceptions, conservation easement tax deductions, and disparate impact claims under the Fair Housing Act. Key lessons learned are highlighted for each case. The document is intended to provide a fast-paced national perspective on recent land use law developments and lessons.
This document discusses key principles of administrative law in the Caribbean context. It covers several topics:
1) Grounds for judicial review including jurisdiction, illegality, irrationality, and procedural fairness.
2) Errors of law made by public authorities including misinterpretation of statutes and failure to comply with statutory requirements.
3) How public authorities exercise discretionary powers including the need for decisions to be reasonable and not fettered or made in bad faith.
4) Standards of review applied by courts, particularly Wednesbury unreasonableness and the increasing use of proportionality.
The document provides an overview of adjudication procedures in the UK construction industry. It discusses:
- The basics of adjudication, including its compulsory nature, binding interim decisions, and typical process.
- How to effectively "spring ambushes" in adjudication, such as by including all necessary evidence and considering timing carefully. It also discusses how to prevent being ambushed through contract drafting and monitoring for warning signs.
- Key considerations regarding the adjudicator, including expertise, conflicts, and fees. It emphasizes the importance of accurately describing the dispute in the notice of adjudication.
- Challenging the adjudicator's jurisdiction, reserving positions, and identifying and correcting errors in the adjud
Mortgage actions made up a significant proportion of the Supreme Court of Western Australia's civil caseload from 2011 to 2014, ranging from 31% to 44% of total civil lodgments. Unconscionable dealing claims involve assessing whether the borrower suffered from special disadvantages affecting their judgment, if the lender was aware of this, and took advantage. Successful claims may see loans rendered unsecured but still owing. It can help to apply to external dispute resolution bodies like the Financial Ombudsman Service which operate without prejudice and aim for fairness.
Whether regulatory authorities should make submissions as to the appropriate ...Russell_Kennedy
This presentation will:
- Explore implications for High Court decision in Barbaro
- Canvass consideration by federal courts and VCAT to date
- Highlight issues and implications for civil penalty proceedings
- Posit a way forward
Posted by Emma Turner, Special Counsel and Anita Courtney, Associate at Russell Kennedy Lawyers
Enforcement provisions of the localism act 2011Graham Gover
The document discusses recent changes to the enforcement provisions of the Localism Act 2011, including new powers for local planning authorities to decline determining retrospective planning applications and appeals against enforcement notices. It also summarizes two recent court cases related to enforcement notices - one regarding what constitutes a material change of use, and another regarding the conduct of site visits during enforcement appeals.
Werksmans Director Bulelwa Mabasa speaks on appeals, reviews, mandamus, interdicts & administrative actions in terms of the minerals & petroleum resources development act ("MRPDA") No.28 of 2002 at the Junior Mining & Exploration Conference 8th November 2012.
This document provides a summary of recent developments in UK planning and environmental law across several topics:
- Decision making processes must ensure fairness for all parties and allow for emerging issues to be considered.
- Heritage law gives a strong presumption against harm to listed buildings and conservation areas. Environmental assessments are still required for projects with local impacts.
- Green belt boundaries and appropriate development are interpreted narrowly in England. Welsh law gives more flexibility for balanced decisions.
- Enforcement powers allow for alternative proposals that still remedy breaches. Deception directly undermining planning will not be protected by time limits.
- Strategic environmental assessments must consider reasonable alternatives and objectives, with discretion given to decision makers. Public participation is
Partners Mauricio Uribe, Dan Altman and Jessica Achtsam gave a presentation on understanding the history and current state of the law involving willful infringement and enhanced damages under U.S. Patent Law. They provided insights and practical tips related to the evolving standard of care related to potential assertions of patent infringement.
Speakers: Mauricio Uribe, Dan Altman and Jessica Achtsam
Planning tribunals play an important role in multi-level governance processes in Australia, as seen through the Victorian State Planning Tribunal. The Tribunal provides an independent review of planning decisions made by municipalities. It aims to ensure transparency in decision making while balancing discretion. The Tribunal's reviews add accountability but can also introduce delays. Overall, the Victorian system and Tribunal have proven to establish a fair and equitable process for land use planning.
Stays of Litigation Pending Post-AIA Patent ReviewKlemchuk LLP
Brief overview of post-AIA patent review procedures, overview of post-AIA stays of litigation pending patent review, and the analysis of district court orders on motions to stay pending patent review
In our June planning & development club we covered:
- an insider’s guide to housing association development
- air quality and planning update
- finance for development projects: meeting the funder's requirements for construction contracts.
Visit our website for further training and resources - https://www.brownejacobson.com/
The document summarizes changes to Ireland's exclusionary rule regarding unconstitutionally obtained evidence following the DPP v. JC Supreme Court decision. The new rule is more relaxed, allowing more improperly obtained evidence to be admitted if the breach was inadvertent. The prosecution now must prove beyond reasonable doubt that any constitutional breach was not deliberate or conscious, or that exceptional circumstances justify admission. Regulators using warrants must be aware of the refined test examining knowledge of investigators and officials involved in evidence gathering policies. There remains uncertainty around applying the new rule in practice.
1. The principles of natural justice aim to ensure fairness in decision making and include the rules against bias and the right to be heard.
2. The rule against bias requires adjudicators to be neutral and avoid personal interests or prejudices, while the right to be heard includes adequate notice and the opportunity to respond to allegations.
3. Courts have applied natural justice flexibly depending on context but uphold its fundamental importance, intervening only when a failure results in substantive unfairness.
The presentation seeks to educate trial lawyers on issues that arise following a jury verdict, including: formulating or opposing a final judgment from the verdict (including interest and other elements); calculating post-verdict deadlines; when the judgment is "final" for purposes of appeal vs. execution; superseding the judgment (what and for how long; options); preservation of error; perfecting appeal and getting the record; advising the client on realistic appellate expectations (timing, cost, and outcomes)—including what to prove up regarding appellate attorney's fees.
In this month's edition the team look at:
public authority decisions and the broad corrective principle
Public Contracts Regulations 2015 - changes to help businesses and apprentices
property search enquiries - are your records up to date?
defamation claims: a narrowing scope
redeployment pools and agency workers
local authority trading companies - avoiding the wrongful trading trap.
Tort law introduction into negligence. Ppreyhanarehan
Tort law provides compensation for civil wrongs and protects individuals from various harms. It establishes duties to not cause physical, property, economic, or reputational harm to others. Tort functions include deterring harmful behavior, holding people accountable, and improving standards of care. Common torts include negligence, nuisance, defamation, trespass, and battery. To establish negligence, one must prove a duty of care was breached that caused damage. The level of care owed depends on factors like expertise. Defenses can include acceptance of risk or contributory negligence.
This document provides a summary of recent planning case law updates covering the following topics:
1. Enforcement cases relating to inspectors' powers and the Welwyn principle.
2. Procedural fairness cases on matters arising during inquiries and notification of hearings.
3. Housing cases on the duty to comply with the development plan, approaches to land supply calculations, determining housing need, and policy compliance.
4. Development plan making cases on the soundness of plans and consideration of housing needs.
5. Decision making cases on planning obligations, education contributions, and design considerations.
Employment law update - Browne Jacobson Exeter - 06 February 2020Browne Jacobson LLP
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR Managers and HR Directors.
At these events we will present an overview of what we consider to be the most significant developments in 2019, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2020, and how you can get ready for what will be another busy year in employment law.
This document discusses school exclusions and provides guidance on the topic. It begins with an overview of the exclusions landscape and key documents related to exclusions. It then outlines prospective changes being made to exclusions policy, including recommendations from the Timpson Review. The exclusions process is explained as a multi-stage process involving the head teacher's decision, governing board review, and potential independent review panel. Finally, tips are provided to avoid common pitfalls in the exclusions process related to issues like SEND, documentation, and timelines.
More Related Content
Similar to Public sector planning club - October 2017, Nottingham
The document provides an overview of the planning appeals process in Wales. It explains that applicants can appeal a planning decision if an application is refused, approved with conditions, not decided in time, or if further information was requested for an outline application. Appeals must generally be made within 6 months and be based on valid planning grounds. Appeals are handled by the Planning Inspectorate Wales and can be decided through a written process, public hearing, or public inquiry depending on complexity. The inspector makes the final decision to approve or dismiss the appeal, except for major projects which may be decided by the Welsh government. Appeals can only be challenged through judicial review.
This document summarizes several recent land use law cases from 2015. It provides brief summaries of cases related to noise ordinances, regulatory takings, zoning exemptions, sign codes, environmental regulation cost considerations, conflicts of interest for zoning board members, religious land use, defining public parks, conditions of zoning approvals, defamation claims, procedural requirements for land use boards, subdivision exceptions, conservation easement tax deductions, and disparate impact claims under the Fair Housing Act. Key lessons learned are highlighted for each case. The document is intended to provide a fast-paced national perspective on recent land use law developments and lessons.
This document discusses key principles of administrative law in the Caribbean context. It covers several topics:
1) Grounds for judicial review including jurisdiction, illegality, irrationality, and procedural fairness.
2) Errors of law made by public authorities including misinterpretation of statutes and failure to comply with statutory requirements.
3) How public authorities exercise discretionary powers including the need for decisions to be reasonable and not fettered or made in bad faith.
4) Standards of review applied by courts, particularly Wednesbury unreasonableness and the increasing use of proportionality.
The document provides an overview of adjudication procedures in the UK construction industry. It discusses:
- The basics of adjudication, including its compulsory nature, binding interim decisions, and typical process.
- How to effectively "spring ambushes" in adjudication, such as by including all necessary evidence and considering timing carefully. It also discusses how to prevent being ambushed through contract drafting and monitoring for warning signs.
- Key considerations regarding the adjudicator, including expertise, conflicts, and fees. It emphasizes the importance of accurately describing the dispute in the notice of adjudication.
- Challenging the adjudicator's jurisdiction, reserving positions, and identifying and correcting errors in the adjud
Mortgage actions made up a significant proportion of the Supreme Court of Western Australia's civil caseload from 2011 to 2014, ranging from 31% to 44% of total civil lodgments. Unconscionable dealing claims involve assessing whether the borrower suffered from special disadvantages affecting their judgment, if the lender was aware of this, and took advantage. Successful claims may see loans rendered unsecured but still owing. It can help to apply to external dispute resolution bodies like the Financial Ombudsman Service which operate without prejudice and aim for fairness.
Whether regulatory authorities should make submissions as to the appropriate ...Russell_Kennedy
This presentation will:
- Explore implications for High Court decision in Barbaro
- Canvass consideration by federal courts and VCAT to date
- Highlight issues and implications for civil penalty proceedings
- Posit a way forward
Posted by Emma Turner, Special Counsel and Anita Courtney, Associate at Russell Kennedy Lawyers
Enforcement provisions of the localism act 2011Graham Gover
The document discusses recent changes to the enforcement provisions of the Localism Act 2011, including new powers for local planning authorities to decline determining retrospective planning applications and appeals against enforcement notices. It also summarizes two recent court cases related to enforcement notices - one regarding what constitutes a material change of use, and another regarding the conduct of site visits during enforcement appeals.
Werksmans Director Bulelwa Mabasa speaks on appeals, reviews, mandamus, interdicts & administrative actions in terms of the minerals & petroleum resources development act ("MRPDA") No.28 of 2002 at the Junior Mining & Exploration Conference 8th November 2012.
This document provides a summary of recent developments in UK planning and environmental law across several topics:
- Decision making processes must ensure fairness for all parties and allow for emerging issues to be considered.
- Heritage law gives a strong presumption against harm to listed buildings and conservation areas. Environmental assessments are still required for projects with local impacts.
- Green belt boundaries and appropriate development are interpreted narrowly in England. Welsh law gives more flexibility for balanced decisions.
- Enforcement powers allow for alternative proposals that still remedy breaches. Deception directly undermining planning will not be protected by time limits.
- Strategic environmental assessments must consider reasonable alternatives and objectives, with discretion given to decision makers. Public participation is
Partners Mauricio Uribe, Dan Altman and Jessica Achtsam gave a presentation on understanding the history and current state of the law involving willful infringement and enhanced damages under U.S. Patent Law. They provided insights and practical tips related to the evolving standard of care related to potential assertions of patent infringement.
Speakers: Mauricio Uribe, Dan Altman and Jessica Achtsam
Planning tribunals play an important role in multi-level governance processes in Australia, as seen through the Victorian State Planning Tribunal. The Tribunal provides an independent review of planning decisions made by municipalities. It aims to ensure transparency in decision making while balancing discretion. The Tribunal's reviews add accountability but can also introduce delays. Overall, the Victorian system and Tribunal have proven to establish a fair and equitable process for land use planning.
Stays of Litigation Pending Post-AIA Patent ReviewKlemchuk LLP
Brief overview of post-AIA patent review procedures, overview of post-AIA stays of litigation pending patent review, and the analysis of district court orders on motions to stay pending patent review
In our June planning & development club we covered:
- an insider’s guide to housing association development
- air quality and planning update
- finance for development projects: meeting the funder's requirements for construction contracts.
Visit our website for further training and resources - https://www.brownejacobson.com/
The document summarizes changes to Ireland's exclusionary rule regarding unconstitutionally obtained evidence following the DPP v. JC Supreme Court decision. The new rule is more relaxed, allowing more improperly obtained evidence to be admitted if the breach was inadvertent. The prosecution now must prove beyond reasonable doubt that any constitutional breach was not deliberate or conscious, or that exceptional circumstances justify admission. Regulators using warrants must be aware of the refined test examining knowledge of investigators and officials involved in evidence gathering policies. There remains uncertainty around applying the new rule in practice.
1. The principles of natural justice aim to ensure fairness in decision making and include the rules against bias and the right to be heard.
2. The rule against bias requires adjudicators to be neutral and avoid personal interests or prejudices, while the right to be heard includes adequate notice and the opportunity to respond to allegations.
3. Courts have applied natural justice flexibly depending on context but uphold its fundamental importance, intervening only when a failure results in substantive unfairness.
The presentation seeks to educate trial lawyers on issues that arise following a jury verdict, including: formulating or opposing a final judgment from the verdict (including interest and other elements); calculating post-verdict deadlines; when the judgment is "final" for purposes of appeal vs. execution; superseding the judgment (what and for how long; options); preservation of error; perfecting appeal and getting the record; advising the client on realistic appellate expectations (timing, cost, and outcomes)—including what to prove up regarding appellate attorney's fees.
In this month's edition the team look at:
public authority decisions and the broad corrective principle
Public Contracts Regulations 2015 - changes to help businesses and apprentices
property search enquiries - are your records up to date?
defamation claims: a narrowing scope
redeployment pools and agency workers
local authority trading companies - avoiding the wrongful trading trap.
Tort law introduction into negligence. Ppreyhanarehan
Tort law provides compensation for civil wrongs and protects individuals from various harms. It establishes duties to not cause physical, property, economic, or reputational harm to others. Tort functions include deterring harmful behavior, holding people accountable, and improving standards of care. Common torts include negligence, nuisance, defamation, trespass, and battery. To establish negligence, one must prove a duty of care was breached that caused damage. The level of care owed depends on factors like expertise. Defenses can include acceptance of risk or contributory negligence.
This document provides a summary of recent planning case law updates covering the following topics:
1. Enforcement cases relating to inspectors' powers and the Welwyn principle.
2. Procedural fairness cases on matters arising during inquiries and notification of hearings.
3. Housing cases on the duty to comply with the development plan, approaches to land supply calculations, determining housing need, and policy compliance.
4. Development plan making cases on the soundness of plans and consideration of housing needs.
5. Decision making cases on planning obligations, education contributions, and design considerations.
Similar to Public sector planning club - October 2017, Nottingham (20)
Employment law update - Browne Jacobson Exeter - 06 February 2020Browne Jacobson LLP
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR Managers and HR Directors.
At these events we will present an overview of what we consider to be the most significant developments in 2019, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2020, and how you can get ready for what will be another busy year in employment law.
This document discusses school exclusions and provides guidance on the topic. It begins with an overview of the exclusions landscape and key documents related to exclusions. It then outlines prospective changes being made to exclusions policy, including recommendations from the Timpson Review. The exclusions process is explained as a multi-stage process involving the head teacher's decision, governing board review, and potential independent review panel. Finally, tips are provided to avoid common pitfalls in the exclusions process related to issues like SEND, documentation, and timelines.
Procurement workshop training slides - Birmingham sessionBrowne Jacobson LLP
Managing procurement risks and challenges aims to increase understanding of procurement processes and risks, and knowledge of risk mitigation strategies. The document outlines several procurement stages and associated risks, including pre-market engagement, selection, tendering, contract award, and modifications. Key risks include challenges from bidders, non-compliance with regulations, undisclosed evaluation criteria, and substantial contract changes. Mitigation strategies include transparency, equal treatment of bidders, thorough documentation, and compliance with regulations.
Local authority acquisition and disposal of land - July 2019Browne Jacobson LLP
Ongoing austerity requires authorities to “sweat their assets” and land holdings are a significant focus for the generation of revenue and capital. These slides cover commercial and public law considerations in relation to:
- Powers to acquire land
- Powers to invest through land acquisition including investment purchases
- Potential barriers to disposal
- Powers to appropriate land
- Planning permission
- Powers to dispose of land
- Pre-conditions relating to disposal of land
- A capital receipt or a revenue stream
- Development vehicles and options
- Who do you need to be able to satisfy as to the legality of land transactions
Your employees, their future employers, and your intellectual property - July...Browne Jacobson LLP
Innovation and creativity is driven by your people. How do you as a business encourage innovation, capture the relevant IP assets and reward your innovators? What happens when a key individual leaves the business – how do you ensure that your R&D crown jewels remain legitimately protected? In a market of ever increasing competitive collaboration, setting up the right strategy to ensure the appropriate safeguards are in place and are communicated to your employees is important.
At this Public Sector Planning Club we reviewed:
- Recent developments in planning law, including cases and guidance
- Consideration of the use of planning conditions, including the appropriate use of pre-commencement conditions
- The powers available for stopping up and diverting highways, when these may be used, and points to consider
Browne Jacobson, Deloitte and DoctorLink are pleased to invite you to our first joint health tech seminar with leading industry thought leaders. This will be a practical session, sharing experience from across the NHS and beyond to inform options on how to improve services, break down silos and focus on population health outcomes.
This event is exclusively for Commissioners, GPs, and Policymakers keen to understand how new integrated care systems and models of care can meet the needs of their local population and can be implemented pragmatically and affordably to drive improvement goals and achieve better health, better care and better value.
Education Law Conference Manchester - Monday 10 June 2019Browne Jacobson LLP
1. Implement a clear, well-publicized complaints procedure that outlines appropriate steps and timelines.
2. Address social media issues promptly by controlling the narrative and responding diplomatically or ignoring depending on the circumstances.
3. Understand when the law can help, such as the Protection from Harassment Act for addressing vexatious complaints.
4. Escalate complaints appropriately and clarify the desired outcome to resolve issues efficiently. Stand back when complaints are really about private disputes rather than the school.
Designed to inform, challenge and enliven your perspectives, our packed agenda was designed to provide innovative ideas and fresh perspectives. With a headline session on the management of transgender children needs within a school setting, we aim to provide you with the advice and guidance that the sector currently lacks.
Other topics included:
learning from child death inquests
good governance – so much more than compliance
managing difficult parents and their complaints.
The IICSA has a number of investigative streams, and one of its areas of focus is Accountability and Reparations. It has already recommended that the Government sets up a Payment Scheme for former Child Migrants, and the Government has acted upon it.
Is a redress scheme the way forward for abuse claims? How might it impact your organisation? We are helping more and more organisations explore the pros and cons of redress schemes so that they can decide whether a scheme is right for them and what the longer term impacts might be.
Our Birmingham Claims Club event will cover the following:
- Civil Liability Act 2018
- Freedom of Information Act requests - including 'Information Law, why is it relevant?'
- Brexit and local government
Our London Claims Club event will cover the following:
- Civil Liability Act 2018
- Freedom of Information Act requests - including 'Information Law, why is it relevant?'
- Brexit and local government
In this webinar recording, Selina Hinchliffe, Alex Kynoch, Nick Smee and Helen Jones hold a panel discussion covering some of the key state aid concepts and how this impacts ownership and licensing of intellectual property, both from a commercial partner, public body and university perspective.
Whilst you’ve been distracted with Brexit and what that means for your business, you’ve probably missed some significant changes in the law. In our March forum we covered:
- contract changes (what they mean to your supply chain, customers and suppliers)
- data protection (the challenges of becoming a 'third country')
- legal privilege and internal investigations (practical tips following SFO V ENRC)
- employment law (changes to employment law you need to be aware of)
- banking - your banking covenants (what to be aware of - particularly in the event of a downturn ahead)
- property (end of lease issues for business owners).
For further training and resources visit our webpage - https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
Every business, and every in house lawyer, will at some point be involved with an enquiry, an investigation, or potential litigation. During litigation, documents – including emails, attendance notes and reports – which are relevant to the litigation may have to be disclosed if they are not privileged.
So businesses need to know how it can assess litigation risk or conduct an enquiry without creating documents that it then has to produce and which may be detrimental to its position. The law on this issue has recently been considered by the Court of Appeal in two key cases: WH Holding Ltd v E20 Stadium LLP and SFO v Eurasian Natural Resources Corp Ltd.
In this webinar recording, our experts Mark Daniels and Helen Simm provide you with the key information you need to identify these issues when they arise and to know how you can best protect your position.
We are all waiting with bated breath for the Supreme Court decision in CN & GN, a case which will have a huge practical impact on service providers. Previously the Court of Appeal was dismayed about the damages claims, that had been litigated with little regard to, or understanding of, the law and reality of social care practice. Some of the team involved in the case discus what might happen next, and analyse the practical effect for you of the Supreme Court judgment.
Whilst that judgment has been awaited many claims have been on ice, but to fill that gap we are seeing many of our clients being affected by:
- pressure to consider Redress Schemes
- the Independent Inquiry into Child Sexual Abuse
- claims being brought directly against them as fostering agencies
- claims under the Human Rights Act
- issues following the implementation of GDPR.
For further information and training visit our webpage - https://www.brownejacobson.com/insurance
In this practical session we explored the legal duties of directors and the difficulties which they may face. The session focussed on individuals who are directors for public sector companies, including their role, obligations and competing interests which may arise.
At our February planning club we covered the following topics:
- planning performance agreements
- expert evidence in planning inquiries
- certificates of lawful use.
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
Mental health, capacity and deprivation of liberty case law update, February ...Browne Jacobson LLP
Rebecca Fitzpatrick looks at some of the most recent leading cases in relation to the Mental Health Act and Deprivation of Liberty, including the Supreme Court’s important decisions of 'MM' and 'PJ' which consider the interaction between the Mental Health Act and deprivation of liberty in the community. Rebecca also covered the subsequent case of 'AB' which focuses on the role of the High Court’s inherent jurisdiction in these types of cases, and the recent final report from the Mental Health Act independent review chaired by Professor Sir Simon Wessely.
We are all waiting with bated breath for the Supreme Court decision in CN & GN, a case which will have a huge practical impact on service providers. Previously the Court of Appeal was dismayed about the damages claims, that had been litigated with little regard to, or understanding of, the law and reality of social care practice. Some of the team involved in the case discus what might happen next, and analyse the practical effect for you of the Supreme Court judgment.
Whilst that judgment has been awaited many claims have been on ice, but to fill that gap we are seeing many of our clients being affected by:
- pressure to consider Redress Schemes
- the Independent Inquiry into Child Sexual Abuse
- claims being brought directly against them as fostering agencies
- claims under the Human Rights Act
- issues following the implementation of GDPR.
For further information and training visit our webpage - https://www.brownejacobson.com/insurance
Reviewing contracts swiftly and efficiently is crucial for any organization. It ensures compliance, reduces risks, and keeps business operations running smoothly.
A Critical Study of ICC Prosecutor's Move on GAZA WarNilendra Kumar
ICC Prosecutor Karim Khan's proposal to its judges seeking permission to prosecute Israeli leaders and Hamas commanders for crimes against the law of war has serious ramifications and calls deep scrutiny.
4. Judicial Review: Procedure
Procedure: Part 54 CPR
• Remedy of last resort- alternative method of challenge?
• Application within 6 weeks of decision taken
Standing:
• s.31(3) of Senior Courts Act 1981: ‘sufficient interest’
– Court to use discretion for 3rd parties e.g. public interest
– Interested parties must be named
• Judicial review only third party right against decision
5. Judicial Review: Procedure
• Pre-action letter sent; LPA 14 days to respond
• LPA to request time extension if necessary
– Without prejudicing time limits
• Must obtain permission
• Judge then provides directions for substantive hearing
– Public hearing before single judge
• Successful challenge: decision often overturned &
returned to PINS (in s. 288 appeal) or LPA
– Can result in same decision being taken
6. Environmental Impact Assessment
• Town and Country Planning (Environmental Impact
Assessment) Regulations 2017
• LPA should determine whether project falls within
Sch 1 or Sch 2 of the Regulations
• Sch 2 projects satisfying certain criteria require the
LPA to consider whether there are to be ‘likely
significant effects on the environment’ and
whether a full EIA is required (i.e. carry out
‘screening’)
7. Environmental Impact Assessment
• Sch 2 projects include:
– Projects for the use of uncultivated land or semi-
natural area for intensive agricultural purposes
– Intensive livestock installations
– Urban development projects/infrastructure
• Sch 3 criteria:
– LPA must consider the characteristics of the
development, location of development and types
and characteristics of the potential impact
8. Potential grounds of Judicial Review
• Error of Law
• Wednesbury unreasonableness
• Procedural unfairness
– Duty to consult
– Duty to give reasons
• Error of fact
• Bias and/or predetermination
• Legitimate expectation
9. Error of Law
• Courts will intervene where there has been an
error of law
• For example:
– Whether a development falls within one or other of
the classes of projects that are subject of an EIA
– The interpretation of a development plan
10. Error of Law
• R (on the application of Goodman) v Lewisham LBC
(2003) EWCA Civ 140
Local residents appealed a local authority’s decision that a
self storage unit was not an infrastructure project within the
meaning of schedule 2 of the EIA Regs and this decision could
only be challenged on the grounds of Wednesbury
unreasonableness. Allowing the appeal, the judge stated that
the finding was not a finding a fact so unreasonableness did
not apply. The local authority was wrong in law; self storage
was infrastructure and the list at schedule 2 was illustrative
not exhaustive.
11. Error of Law
• Tesco Stores Ltd v Dundee City Council (2012) UKSC
13
Tesco disputed the granting of planning permission by
Dundee CC for another supermarket 800 metres away. As
part of the dispute Tesco argued that the meaning of the
words in the development plan had been ascribed a meaning
they could not bear and as such the council had made an
error in law. Only the court could determine what the words
could bear. Dismissing the appeal, the court found that there
was no error in law but in a dispute about the meaning of a
policy it was for the courts to decide if the public authority
has taken a view that is perverse or irrational.
12. Error of Law
• Applying to our scenario, has CDC made any error
of law?
• What might have CDC done better?
13. Wednesbury unreasonableness
• Wednesbury unreasonableness has often been
based on the proviso that an officer of a public
body has a discretionary area of judgment and, as
long as it stays within the bounds of that area, a
decision it makes will be lawful
• The court will often defer to the local knowledge
and expertise of the local authority
14. Wednesbury unreasonableness
• R(on the application of Jones) v Mansfield DC
The court reviewed a local authorities decision to grant outline
planning permission to build an industrial estate on a green field site
next to the applicant’s home without an EIA. Dismissing the appeal,
the court found that the local authority had before it sufficient
information, such as ecological reports and representations from various
consultees on particular wildlife, to have allowed it reasonably to decide
that the industrial estate would be unlikely to significantly affect the
environment. This type of decision involved an exercise of judgment or
opinion and it did not require that all uncertainties had to be resolved or
that a comprehensive assessment had to be carried out before a conclusion
was reached that an environmental impact assessment was not
necessary
15. Wednesbury unreasonableness
• R. (on the application of Akester) v Department for
the Environment, Food and Rural Affairs (2010)
EWHC 232 (Admin)
The applicant applied for the court to review the defendant’s decision to
introduce a new ferry in a SAC. The application was granted. In determining
whether an appropriate assessment had been carried out, the issue was
whether a reasonable harbour authority, in the proper discharge of its
public duty as a competent authority, could have concluded that no doubt
remained as to whether or not there would be significant adverse effects on
the integrity of the site by the introduction of the new ferries. The decision
made by W as competent authority that allowed it to introduce the new
ferries was fatally flawed and unlawful. In making the decision, the court
adopted a deferential approach to Natural England acting as an expert body
16. Wednesbury unreasonableness
• Was CDC Wednesbury unreasonable in making its
decision to grant planning permission?
• What might have CDC done better?
18. Procedural Unfairness: Duty to
consult
• Although the position still remains that strictly
speaking there is no general duty to consult,
practically the duty is so common as to render this
irrelevant
• Where a public body does consult, it must do so
fairly
19. Procedural Unfairness: Duty to
consult
• R (on the application of Moseley) v Haringey LBC
(2014)
Supreme Court reaffirmed the Sedley principles of fair
and adequate consultation:
– Consultation at formative stage of proposals
– Proposer to give sufficient reasons for proposals
– Adequate time for consideration and response
– Product of consultation to be taken into account
20. Procedural Unfairness: Duty to
give reasons
• Although there has been an increasing trend in
common law for decision-makers to give reasons,
the present legal position is there is no general
common law duty on public bodies to give reasons
R (Hasan) v Secretary of State for Trade and
Industry (2008)
• However, not giving reasons means that a decision-
maker may be much more susceptible to a
successful challenge on another ground for review
21. Procedural Unfairness: Duty to
give reasons
• South Bucks DC v Porter (No. 2) (2004) 1 WLR 1953
The applicant appealed against a decision to quash an
inspector’s decision to grant planning permission for the
retention of a residential mobile home on a site. Issues
arose as to the adequacy of the inspector’s reasons.
Allowing the appeal, the court determined the
inspector’s reasoning was both clear and ample. Being
briefly stated was not enough to sustain a challenge
22. Error of fact
• For there to be a JR challengeable error of fact that can
be challenged, the following criteria must apply:
– There must have been a mistake of an existing fact
– The fact must be uncontentious and/or objectively
verifiable
– The claimant must not have been responsible the
mistake
– The mistake must have been material in the decision
making
23. Error of fact
• Has CDC made an error of fact in reaching its decision?
• What might CDC have done better?
24. Bias and/or predetermination
• Porter v Magill (2001) gives the modern law
The question is whether the fair-minded observer,
having considered the facts, would conclude that
there was a real possibility that the ‘tribunal’ was
biased
25. Bias and/or predetermination
• A decision-maker should declare their interest in and withdraw
participation from a decision:
– Which will affect a friend or relation
– In which they have a financial interest relating to the outcome
– Where they are a director of an organisation affected by the
outcome of the decision
– Where they are a member of a group campaigning for one
outcome or another
– In which their spouse or civil partner has an interest in the
outcome
26. Bias and/or predetermination
• R (on the application of Lewis) v Persimmon Homes
Teesside Ltd (2008) is the leading case on bias and pre-
determination
– Mere predisposition will not be enough
– Appearances of predetermination created by a
councillor voting for a planning project he has long
supported are not predetermination
– Importance of appearances limited in local
government context
27. Bias and/or predetermination
• S.25 of Localism Act 2011 provides that a decision
maker must not be taken to have had a closed mind
when approaching a decision just because they have
previously indicated a view on the relevant matter
• S.25 taken with Persimmon, bias and predetermination
will rarely be fatal in local government decisions
28. What to do if threatened with JR
• PAP letter. Will need to respond in short period of
time. Do not ignore
• Best to try and stop claims early on
• No costs awarded at pre-action stage
• Could be from pressure groups/residents
• Only 6 weeks for planning matters
• Potential to correct defects
32. Developer Contributions
• The future of the CIL is due to be determined in
the Autumn Statement (22 November 2017)
• Local infrastructure tariff proposed
• The Autumn statement will reveal government’s
intention on the implementation of section 158 of
the Housing and Planning Act 2016 (resolution of
disputes about planning obligations)
33. Planning conditions
• Ministers now have powers under the
Neighbourhood Planning Act 2017 to set out
planning conditions and require agreement to their
imposition
• No secondary legislation detailing what types of
condition will be acceptable has been passed
34. Application and appeal fees
• Ability for LPA to set significantly higher planning
application fees mooted in February 2016
(including fees for prior approval under new PD
rights)
• Necessary regulations promised in July, but draft
regulations only published on 25 October 2017
• No consultation for fees of up to £2000 for
submission of planning appeals. Would it reduce
appeals?
35. Alternative providers
• Sections 161 – 164 of the Housing and Planning Act
2016
• Government reflecting on whether to bring in
regulations to test the practicality and desirability
of competition in the processing of planning
applications
• No timescales on implementation
36. Special measures designation
• No authorities will be designated under ‘special
measures’ this year
• Authorities designated as such can be bypassed by
applicants, who can apply directly to the Planning
Inspectorate
• However this may be introduced in spring
37. Compulsory purchase reform
• Clarifications regarding the no scheme rule
contained in the Neighbourhood Planning Act 2017,
which dictates that any increase or decrease in
value arising from the scheme underlying a CPO is
to be disregarded in assessing compensation
liability, came into force on 22 September 2017.
38. Housing delivery test
• ‘Housing delivery test’ for English LPA delayed. The
test would have assessed LPA’s performance on
homes built over a specific period
– Sanctions include:
Requirement to produce action plan explaining how
they will get back on track
An additional 20 per cent buffer against underdelivery
A presumption in favour of sustainable development
39. Planning freedoms & permission
in principle
• Government is also looking at implementing the planning freedoms
scheme which would allow national planning rules to be relaxed
temporarily to support increased housebuilding – section 154 of the
Housing and Planning Act 2016
• Since April, regulations have been in force that allow councils to
grant planning permission in principle for housing and compatible
non-residential developments on suitable sites on brownfield
registers
• Regulations on criteria for inclusion on such registers also came
into force in April and all authorities are required to produce them
by the end of 2017
40. Local plans
• Early 2017 deadline for up-to-date plans has passed
• Only Birmingham and Bradford City Councils only councils subject
to ministerial holding decisions, both now lifted
• There is no timetable yet for the implementation of intervention
powers
• The proposed criteria for intervention are, where:
– The least progress in plan-making had been made
– Policies in plans had not been kept up to date
– There was higher housing pressure
– The intervention would have the greatest impact in
accelerating local plan introduction
41. Neighbourhood plans
• Post-examination neighbourhood plans to be treated as
material considerations in determining planning applications
• Further provisions are expected including a more
proportionate process for modifying neighbourhood plans and
neighbourhood development orders and measures to improve
council support for neighbourhood planning groups
• The national planning policy update will allow
neighbourhood plans to set green belt boundaries when a
green belt review is called
• £22.8 million to help develop neighbourhood plans
42. Revised NPPF
• The government will be working on a revised NPPF towards
the end of the year
• More clarity is hoped for on the goal of ‘high quality, high
density housing’
• The revised NPPF is expected to confirm the reasonable
options which councils will need to show before considering
green belt releases
• The NPPF is also expected to implement measures for
proactive planning in the rental sector
43. Revised NPPF
• The government is consulting on proposals to ensure that the right
homes are built in the right places. Consultation ends on 9
November
• The proposals in the consultation include:
– A standard method for calculating local authorities’ housing
need
– How neighbourhood planning groups can have greater certainty
on the level of housing need to plan for
– A statement of common ground to improve how local
authorities work together to meet housing and other needs
across boundaries
44. s.106 Dispute resolution
• Intended to "speed up section 106 negotiations and
help housing starts to proceed more quickly",
according to planning minister Brandon Lewis
• Local authorities would have to bear in mind the
costs which may be incurred if they go for dispute
resolution
• Concerns it could protract the process
45. What’s new in planning
• DCLG announced £2.5 million to speed up building
of 155,000 new homes in proposed garden towns
• DCLG has reported to Parliament on its
performance in complying with timetables for
planning decisions since April 2014
• Green belt land shrunk by 790 hectares last year as
8 local planning authorities adopted local plans.
The decrease was smaller than the preceding year
46. Dmitrije Sirovica – 0115 976 6238
dmitrije.sirovica@brownejacobson.com
Ben Standing – 0115 976 6200
ben.standing@brownejacobson.com
Stephen Coult – 0115 976 6152
stephen.coult@brownejacobson.com
Will Thomas – 0115 934 2007
Will.thomas@brownejacobson.com