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In brief for week ending 22 February 2017

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Local Government email.

Adult social services:

  • The Court of Appeal has considered the approach to take in cross-border capacity cases in its decision to set aside an order of the Court of Protection after the appellant refused to give effect to the court order (Re MM (A Patient)).

Central government:

  • A legal opinion written by five leading EU lawyers on the constitutional requirements for the UK leaving the EU has been published by solicitors instructed to act on behalf of the “People’s Challenge”, a group that took part in the Supreme Court case R (Miller and Santos v Secretary of State for Exiting the European Union).
  • The House of Lords Library has published a briefing paper on the European Union (Notification of Withdrawal) Bill 2017, which had its second reading in the House of Lords on 20 and 21 February 2017.
  • The House of Commons Library has published a briefing paper on Parliament’s role in ratifying treaties.

Children’s services:

  • The Family Court has confirmed that an amount awarded for damages for a Human Rights Act 1998 claim against a local authority should not be significantly increased to avoid the effect of the legal aid statutory charge (Re CZ (Human Rights Claim: Costs)).

Civil litigation:

Employment and pensions:


  • The Department for Business, Energy and Industrial Strategy has published guidance on applying for hydraulic fracturing (fracking) consent under section 4A of the Petroleum Act 1998.
  • The Environment Agency has updated its guidance on the exemption for waste storage under the environmental permitting regime.
  • The Mayor of London has announced that a new vehicle pollution tax, the T-charge, would apply from 23 October 2017 in the London congestion charge area.

FOI and data protection:

Local government law:

  • The High Court has held that a council, in its disposal of open space land, had breached its statutory duty under section 123 of the Local Government Act 1972 to obtain the best consideration reasonably obtainable (Whitstable Society v Canterbury City Council).

Property and planning:

  • The government has published an independent report on the effectiveness of the Community Infrastructure Levy.
  • The Department for Communities and Local Government has published a consultation seeking views on planning and affordable housing policies intended to speed up the development of large scale, purpose-built privately rented housing (Build to Rent).

Public procurement:

Regulation and enforcement:

  • The Department for Transport has published a consultation on the introduction of a public service obligation levy for open access rail passenger operators to contribute towards the provision of public service obligations.
Practical Law In brief

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