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Court of Protection addresses surge in deprivation of liberty cases

Earlier this month, Sir James Munby, the President of the Court of Protection, issued his much anticipated preliminary judgement setting out how the Court of Protection might effectively handle deprivation of liberty cases given the huge increase in such cases that the Court has seen since the beginning of the year (an increase that is expected to continue over the coming months and years).

The agenda for reform continues…..

The coalition government has been pretty hot on reforms to employment law. To list a few there's been the increase in the qualifying period for unfair dismissal claims from one to two years, the reduction in the collective redundancy consultation period, the new concept of pre-termination negotiations, new Employment Tribunal rules, changes to TUPE, the extension of flexible working and the introduction of Employment Tribunal fees.

Pros and cons: the legalities of local authority lending

Helen Randall's latest article in Room 151 examines the increase in local authorities funding regeneration projects; how it is lawful and what they need to be aware of.

Consultation on Changes to the Regulatory Framework – for-profit registered providers

Response to the HCA's "Consultation on Changes to the Regulatory Framework" based on comments and feedback from "for-profit-registered-providers" (FPRPs) together with potential applicants for registration.

Consultation on Changes to the Regulatory Framework – not for profit registered providers

Response to the HCA's "Consultation on Changes to the Regulatory Framework" based on comments and feedback arising out of workshops facilitated by Trowers & Hamlins.

Change of remittance rules for loans to remittance basis taxpayers

With effect from 4 August, money brought to or used in the UK under a loan facility secured by foreign income or gains will be treated as a taxable remittance of that foreign income or gains.

Time to take a more tailored approach?

The town and country planning sections of the Growth and Infrastructure Act 2013 were introduced as part of the Coalition Government’s agenda for reducing delays and red tape in the planning system: to get Britain building again.

National Audit Office raises concerns over IT contract management

The National Audit Office has flagged some concerns to HM Revenue & Customs in relation to its management and replacement of its Aspire IT Contract.

A quick guide to employment

Our annual employment guide allows companies to establishing an overview of the key risks in all stages of the employment relationship at a quick glance.

Jurisdiction clauses - why you need one

Expo 2020 is predicted to bring an injection of nearly US$40 billion into the Dubai economy, with the total value of contracts to be awarded in 2014 alone reaching US$35 billion. While this is great news for all sectors in Dubai, and for the prospect of inward investment, the result is a significant increase in contracts between parties based in different jurisdictions.

Shared rights and shared responsibilities - getting to grips with shared parental leave and pay

Heralded towards the beginning of its term as "…a great opportunity to make our workforce even more flexible, help working families and boost economic growth" the government's plans to bring in shared parental leave are now on the brink of implementation.

Armageddon for social care commissioners?

Paul McDermott examines whether social care commissioners are being dealt a fair hand and how the new procurement governance will change social care procurement.

High bar set for setting aside arbitration orders

Vijay Bange reviews a case highlighting the need for parties wanting to refer a dispute to arbitration to make sure that they follow the applicable rules correctly and ensure that details of the other party are accurate.

Proposed regulations will raise risk of downgrades for associations

Sector figures call for clarity amid fears over new regulation

Building Interest

Welcome to the July edition of Building Interest.

When is a placement not a placement?

Understanding the funding terminology is more than just semantics.

Social housing shake-up leads to ‘affordable rent’ muddle

Ian Graham comments in the Financial Times.

Quarterly Housing Update Summer 2014

Welcome to the summer edition of Quarterly Housing Update.

Housing Litigation Update Summer 2014

Welcome to the summer 2014 edition of Housing Litigation Update

Ambiguity remains as to whether obesity is a disability

There has been extensive press coverage on this issue over the past few days following the Advocate General's Opinion in FOA, acting on behalf of Karsten Kaltoft v Billund Kommune. Whilst the Advocate General found that "extreme, severe or morbid" obesity may be a disability if it has reached such a degree that it plainly hinders participation in professional life, the question still has no definitive answer.

Assignment: We can’t afford to get it wrong

With notable distinction placed on assignment. What if it’s just not an option?

Spotlight on board leadership

Cosmopolitan turns spotlight on board members’ leadership

Union backs multiple legal actions on housing staff pay

Union backs tribunals against St Mungo’s Broadway, One Housing and Look Ahead

EU Court Says Obesity Could Qualify as Disability

The European Union's top court has said that morbid obesity could qualify as a disability if impacts on a person's ability to work, in an opinion that could have far-reaching implications for employers in Europe.

Contractors sign up to collaborative working with public bodies on PFI / PPP projects

HM Treasury for the last few years has been encouraging the public sector to focus on making cost savings from their existing PFI and PPP contracts.

Can a delay in resigning preclude a constructive dismissal claim?

If an employee claims constructive dismissal there are three legal elements that he or she must prove. The employer must have committed a repudiatory breach of contract, the employee must have left because of the breach and, very importantly, the employee must not have waived the breach (otherwise known as affirming the contract). In order to avoid affirming the contract the employee must not delay too long before resigning, or do anything else which indicates acceptance of the changed basis of employment.

Heed the warning signs of insolvency

Construction projects often involve a long chain, or sometimes even complex web of partners.

No escape from 106 - the difficulty of overturning section 106 agreements

Jacqueline Backhaus and Henry Fitch discuss the difficulty of overturning section 106 agreements through the courts.

Big Data has arrived, but tread carefully through its legal haze

It is clear that Big Data has huge commercial utility, with many predicting it will form a key asset in future business models.

BIM bytes: A premature end for the BIM Task Group?

The success of the BIM initiative has, to a large extent, relied on the government’s backing.

Change of status for employee sleep-ins

A recent case could change the status of employees on sleep-ins

International Real Estate Update - July 2014

News from our International Real Estate team.

The new classic public procurement directive – a curate’s egg?

Helen Randall assesses the efficacy and objectives of Directive 2014/24

Great aspirations

Student accommodation has proven a popular investment over recent years. As the market evolves, the opportunity for some major change programmes is emerging.

Extension to flexible working rights

From 30 June the right to request flexible working will be extended to all employees with 26 weeks' service under the Flexible Working Regulations 2014.

Video: Construction Law Update 2014

Partner Rob Horne explains the finer points and lessons learned in recent construction cases, with clarification of legal regulations and their consequences.

Recruitment in social housing

Local authorities are developing homes for the first time in a generation, joint ventures between housing associations and major developers are getting off the ground and housing associations are starting to regard themselves as commercial businesses as they need to sell more homes privately.

Quarterly Commercial Update

Welcome to the Summer 2014 edition of Quarterly Commercial Update.

Building Interest

Welcome to the June edition of Building Interest

Planning Fact Sheet PFS1

Everything you need to know about negotiating the planning system, from planning applications to additional consent.