REUTERS | Toby Melville
17/05/2017

Dignity in care: Does the law do enough to ensure older people have choice and control over their care and support options?

In his speech to the Association of Directors of Social Services (ADASS) on 9 May 2017, the President of the Family Division of the High Court, Sir James Munby called upon social workers to end the practice of separating elderly couples against their wishes when one or both of them move to care home accommodation, describing the practice as “simple inhumanity” (The Times, Wednesday 10 May 2017). His remarks have been followed by calls from care providers for new rules to prohibit elderly couples from being separated and placed in different care or nursing homes against their wishes.

Continue reading →

REUTERS | Ina Fassbender
17/05/2017

Cornerstone Barristers produce Licensing Training Videos for new licensing committee members

Councillor conduct has been a hot topic in local government in recent years, manifested in the duty for each local authority to promote and maintain high standards of conduct under Part VII of the Localism Act 2011, backed by the requirement to adopt a code covering the conduct of councillors from their time of election as representatives of their constituents. Maintaining high standards in public life ultimately reflects on those who make decisions and the decision-making bodies they represent, and at a time of austerity and cuts to local government budgets, the need to maintain those high standards is greater than ever. The management of alcohol licensing under the Licensing Act 2003 as part of the work of local government is no exception to these requirements, and the proper conduct of licensing hearings is central to that process. Continue reading →

REUTERS | David Mdzinarishvili
10/05/2017

The Green Bank Sale: public law challenges to the auction of state assets

On 7 April 2017, in R (SDC LLP) v Secretary of State for Business, Energy and Industrial Strategy [2017] EWHC 771 (Admin), the High Court dismissed a judicial review challenge brought by a disappointed bidder to the decision by the Secretary of State for Business, Energy and Industrial Strategy to appoint a rival consortium as preferred bidder for the purchaser of the UK Green Investment Bank Plc.

Continue reading →

REUTERS | Larry Downing
26/04/2017

Passing legislation and decision-making in Parliament’s “wash-up” period

Following the Prime Minister’s  announcement of her intention to seek an early election, the House of Commons voted on 19 April 2017 by 522 votes to 13 in favour of the Prime Minister’s motion that there should be an early general  election. Section 2 of the Fixed-term Parliaments Act 2011 (FTPA 2011) provides that an early election can be held if a motion for an early general election is agreed either by at least two-thirds of the whole House or without division (that is unanimously).  Parliament has to be dissolved 25 working days before polling day, meaning that parliament will be dissolved on 3 May 2017 given an election is to be held on 8 June 2017. Continue reading →

REUTERS | Darren Staples
12/04/2017

Public procurement case digest (February – March 2017)

February and March’s case digest includes an ECJ judgment that provides detailed analysis of key transparency and good governance principles in relation to tender evaluation and the communication of award decisions, and a High Court decision examining expeditions of hearings and stays of proceedings in procurement claims.

Please feel free to submit a comment below or send us an Ask query if you have any views on the cases covered, or think that we have missed a case that should be brought to the attention of public procurement practitioners. Continue reading →