PLC Public Sector reports:
Make sure that you have not missed a key development in your area of the law by reviewing our latest list of recommended actions.
Education: education law practitioners will be interested that the School Admissions Code and School Admission Appeal Code (Appointed Day) Order 2012 has been made and appointed the 1 February 2012 as the date on which the School Admissions Code and the School Admissions Appeals Code came into force.
Housing: housing lawyers interested in the government’s housing strategy, should note that a written statement has been published updating the government’s action following the publication of the original statement in November 2011.
Nuisance: local authority lawyers dealing with nuisance cases should note the decision of the Court of Appeal in London Borough of Islington v Elliott and another, in which it considered how imminent and likely the risk of physical damage resulting from tree roots to a neighbouring property had to be before a court should intervene and grant an injunction. Here the council had resolved to remedy the problem of trees on its land causing damage to a neighbouring property by removing them but had failed to inform the claimants, who had issued proceedings. At the time of the hearing the trees had been removed but the council was still ordered to pay the claimant’s costs. Those defending or initiating common law private nuisance proceedings will find our materials on common law private nuisance of use.
Property and planning: the following decisions are likely to be of interest to property lawyers:
- In Taylor v Lambert and another [2012] the Court of Appeal held that where a conveyance is unclear, the physical features of the property at the time of the transaction are not extrinsic evidence, they are instead tools to interpret the description of the boundaries of the land in the conveyance document.
- In Holding and Management (Solitaire) Ltd v Norton 2011 and Bardmoss Ltd, Re 10 Meadow Court [2012], the Upper Tribunal (Lands Chamber) has confirmed that a landlord is entitled to make a reasonable charge for the costs associated with consenting to underletting.
Public procurement: public procurement lawyers will be interested to note that the procurement thresholds for the EU institutions have been aligned with the new thresholds applicable to all contracting authorities. Our new checklist sets out the level of these thresholds in the UK.
Regulation: the Local Better Regulation Office (Dissolution and Transfer of Functions Etc) Order 2012 came into force on 2 February 2012. The Order dissolves the Local Better Regulation Office and transfers its functions to the Secretary of State and Welsh Ministers. The Order paves the way for the creation of the Better Regulation Delivery Office which will operate with the Department for Business, Innovation and Skills and is expected to become part of the department by 31 March 2012.
Social care: those dealing with mental capacity cases should note that the Upper Tribunal in Wychavon District Council v EM [2012] has held that a person lacking mental capacity had an obligation (under common law or section 7 of the Mental Capacity Act 2005) to pay a reasonable amount for necessary accommodation and was therefore entitled to receive housing benefit, despite lacking capacity to enter into a valid contract.
Consultations: this week consultations have been launched on: