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June 18, 2025
Producing robust capacity assessments and the approaches to assessing capacity
Lynette Wallace looks at the lessons from a recent Court of Protection ruling on capacity.
May 22, 2025
Disability discrimination and proportionality in housing management
The High Court recently upheld a possession order against a tenant who is a hoarder, rejecting a submission that the first instance judge's conclusion that the social landlord had acted proportionately was wrong. John Murray sets out the lessons from the case.
May 21, 2025
Cross-border deprivation of liberty
A senior Court of Protection judge recently rejected an application by a Scottish local authority for recognition and enforcement of a guardianship order made in Scotland. The Court of Protection team at 39 Essex Chambers analyse the ruling.
May 21, 2025
Dealing with unexplained deaths and inquests
Narin Masera sets out some key considerations for local authorities when dealing with an unexpected death.
May 21, 2025
Court of Protection case update: May 2025
Sarah Hutchinson rounds up the latest Court of Protection rulings of interest to practitioners.
Features
Webinars
Social Partnership and Public Procurement (Wales) Act
Blake Morgan's final Procurement Series Webinar is now available to watch as a pre-recorded session.
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What is the role of the National Trading Standards Estate & Letting Agency Team in assisting enforcement authorities?
Robert Brown, Principal Solicitor at Powys County Council, recalls joining the National Trading Standards Estate & Letting Agency Team (NTSELAT) and explains how the team can help legal officers in enforcing their council's statutory duties.
Webinars
Is Omeprazole the new EDS?
Innocent explanations for allegations of inflicted or non-accidental injury: Tina and Kate discuss the dark corners of medicine, science, the unknown unknowns and the wider canvas.
More features
Seeking clarification of tenders
A recent case highlights the importance of clear tender rules and when to seek clarification of tenders, writes Steven Brunning.
Impending Procurement Act: What you need to know
The Procurement Act 2023 will come into force next week. Liz Fletcher sets out some key actions for contracting authorities and suppliers.
AI and procurement
Anja Beriro looks at the potential use of artificial intelligence in public sector procurements.
Social Partnership and Public Procurement (Wales) Act
Blake Morgan's final Procurement Series Webinar is now available to watch as a pre-recorded session.
Why should you sweat the (seemingly) small stuff?
What are contract standing orders and why are they so important? Deepak Parmar explains.
Procurement Act government guidance – Perhaps 'not a reliable method of interpretation of the law'?
Andrew Millross looks at what might happen where there is a possible misalignment between the words of the Procurement Act 2023 and government guidance.
Contract management and performance
Bradley Martin looks at the new requirements under the Procurement Act 2023 in relation to the management of contracts.
The Procurement Act 2023 and development agreements
How will the Procurement Act 2023 change development agreements and land transactions? Christopher Brennan, Alison Richards and Alexi Markham explain.
The National Procurement Policy Statement – an opportunity for mission driven procurement?
Charlie Miller and Suhan Rajkumar examine the reasons behind the Cabinet Office’s survey on a new National Procurement Policy Statement.
Procurement Act 2023: Are you ready?
Louise Bennett sets out the key considerations for contracting authorities when they come to launch a procurement exercise under the incoming Procurement Act 2023.
Modification of contracts existing before the go-live date of the Procurement Act 2023
Jan Cumming considers the position on modifying contracts entered into or for which the procurement commenced before the go-live date of the Procurement Act 2023.
Unpicking the Procurement Act Episode 4: Challenges and Remedies
39 Essex Chambers Barrister Katherine Barnes is joined by Laura Thornton, Associate Director at Osborne Clarke, to discuss challenges and remedies under the Procurement Act 2023. Having identified the main changes, the speakers go on to consider the significance of the changes.
Unpicking the Procurement Act Episode 3: Contract Modification
In this episode, 39 Essex Chambers barrister Katherine Barnes is joined by Jonathan Davey, Partner at Addleshaw Goddard specialising in procurement and commercial law, to discuss the rules for the modification of contracts under the Procurement Act 2023, the extent to which these represent a substantive change in practice and possible difficulties arising.
Unpicking the Procurement Act Episode 2: Exclusion and Debarment
39 Essex Chambers barrister Katherine Barnes and Parishil Patel KC is joined by Lucy James, partner and National Head of Commercial Litigation at Trowers & Hamlins, to discuss the grounds on which suppliers can be excluded under the Procurement Act 2023, the new debarment list and the implications of these for procurement practice and litigation.
Unpicking the Procurement Act Episode 1: Overview and New Procedures
In the first episode of this series, Katherine Barnes and Rose Grogan of 39 Essex Chambers introduce the Procurement Act 2023 and its new procurement procedures. Over multiple episodes, Katherine Barnes, public, procurement and planning barrister at 39 Essex Chambers, will discuss the key changes to public procurement under the Procurement Act 2023 with various expert speakers. The podcast takes listeners through the key changes that will apply to new procurements from 25 February 2025, analyses the significance of the changes in practice and identifies possible pitfalls/difficulties that may…
Dynamic purchasing systems and below threshold contracts
Can dynamic purchasing systems be used for below threshold contracts? Emily Heard sets out the key considerations.
Procurement Act 2023: Light Touch Regime
Bradley Martin and Brieanna McDonald examine key aspects of the Light Touch Regime under the Procurement Act 2023.
Procurement Act guidance on frameworks is out – Buyers beware!
The latest batch of guidance on the Procurement Act 2023 (the Act) released by the Cabinet Office includes the eagerly awaited guidance on frameworks. Dr Steven Brunning looks at the key considerations.
Local authority owned companies and the Teckal exemption
In the second in a two-part series on local authority owned companies, Jan Cumming analyses the Teckal exemption.
Challenges to exclusion
Jenny Beresford-Jones considers the current position for challenging an exclusion prior to assessment of tenders at the SQ/Participation Stage, and how it will change when the Procurement Act reforms come into effect.
Challenges to exclusion
Jenny Beresford-Jones considers the current position for challenging an exclusion prior to assessment of tenders at the SQ/Participation Stage, and how it will change when the Procurement Act reforms come into effect.
Update on limitation periods
A recent Court of Appeal ruling is a reminder of the applicable limitation periods for those procurements commenced under the current regime, write John Houlden, Laura Tudor and Abigail Cropper.
The new procurement regime approaches
With the introduction of the Procurement Act 2023 little more than four months away, Clare Hardy provides an overview of the key changes coming into force
Before, during and after a waste procurement process
Alex Lawrence looks at how to deal with recent – and ongoing - changes to waste procurement
Disclosure in procurement disputes
A recent judgment has significant implications for public procurement and the disclosure of documents in English law, writes Cheye Waithe.
The Procurement Act 2023: "go-live" confirmed
Emily Heard analyses the Cabinet Office's announcement of an intended “go-live” of Monday 28 October 2024 for the Procurement Act 2023.
Improving social value: a private sector perspective
Laura Thornton and Fergus Alexander set out some recommendations on how to deliver better results for social value in public procurement.
What’s in the Pipeline?
More government guidance on the Procurement Act has been published. Jenny Beresford-Jones sets out the main points.
Procurement Act 2023 – Teckal & Hamburg Exemption
Melanie Pears and Tim Care analyse the new obligations on contracting authorities in relation to the Teckal & Hamburg Exemption, drawing attention to any key changes from previous procurement legislation which contracting authorities ought to be aware of.
Procurement Act 2023 – Relaxation of section 17 Local Government Act 1988
Louis Sebastian and Rebecca Rees look at the Government’s plans to relax s17 of the Local Government Act 1988, which prohibits consideration of a wide range of "non-commercial matters" in procurement processes.
More features
Provision of same-sex intimate care
A recent judicial review decision found that there is no duty to provide same-sex intimate care. Ros Foster examines the case.
Court of Protection case update: April 2025
Niamh Brennan rounds up the latest Court of Protection rulings of interest to practitioners.
High Court guidance on Article 3 engagement in care at home cases
David Lawson and Katherine Hampshire analyse the approach taken to human rights claims in claims against public bodies providing accommodation and social care. Such claims face significant hurdles and there is a growing body of guidance on where the boundary lies.
‘Stitch’, capacity and complexity
Alex Ruck Keene KC (Hon) examines a High Court judge’s masterclass in capacity determination.
Issuing proceedings in best interests cases
Katie Viggers, Mark Barnett and Hannah Khan set out four key takeaways for Integrated Care Boards from a recent case where a senior judge stressed the “crucial significance” of issuing proceedings promptly in a best interests case.
Court of Protection case law update: March 2025
Sarah Hutchinson analyses two recent Court of Protection rulings of interest to practitioners.
The Health and Social Care (Wales) Bill Series – Regulation and Inspection of Social Care
How does the Welsh Government intend to reform the regulation and inspection of social care in Wales? Luke Williams and Eve Piffaretti look at the latest developments.
The Health and Social Care (Wales) Bill Series – Direct Payments for NHS Continuing Healthcare
Will individuals in receipt of NHS Continuing Healthcare soon be able to opt for Direct Payments? Eve Piffaretti and Luke Williams set out the Welsh Government’s proposals.
What is the right approach to Care Act assessments?
The High Court has provided guidance on the five stages of a Care Act assessment and on the meaning of accommodation-related care and support needs. David Lawson and Katherine Hampshire analyse six key points arising from the judgment.
Disabled people in immigration bail: the duties of the Home Office and local authorities
The High Court has ruled that the Home Office has been systemically failing to provide safe and suitable accommodation to disabled applicants, and has given guidance on the interaction between Schedule 10 accommodation and the Care Act 2014. Stephanie Harrison KC, Nadia O’Mara and Isaac Ricca-Richardson analyse its findings.
Capacity, insight and professional cultures
Alex Ruck Keene KC (Hon) looks at an important new decision from the Court of Protection where the judge identified an evidential divide on capacity between social workers and clinicians.
Court of Protection update: February 2025
Sarah Hutchinson rounds up the latest Court of Protection rulings of interest to practitioners.
Setting care home fees
The High Court has quashed a decision by a city council to set an annual increase to care home fees below-inflation. Philip Rule KC looks at the lessons from the judgment.
Could this be the end for local authority-provided residential care?
Mike Clifford discusses the trend of local authorities selling or closing their residential care facilities and what it means for the future of adult social care.
“On a DoLS”
Alex Ruck Keene KC (Hon) reports on some mythbusting by what he says was a (rightly) exasperated Court of Protection.
It’s all about the care plan
A couple of recent Court of Protection cases illustrate two key themes, writes Sarah Erwin-Jones. They are that the care plan is king – get that clear first, and that openness, transparency and compliance with court directions is essential for local authorities.
Court of Protection case update: January 2025
Sarah Hutchinson rounds up the latest Court of Protection judgments of interest to practitioners.
Mental capacity and expert evidence
The Court of Appeal recently overturned a capacity ruling in a complex case. The ruling highlights the need for careful consideration of expert evidence, writes Catherine Rowlands.
Best interests, wishes and feelings
Alex Ruck Keene KC (Hon) looks at a recent Court of Protection ruling that provided a worked example in an imperfect world.
Capacity, sexual relations and public protection – another go-round before the Court of Appeal
Alex Ruck Keene KC (Hon) analyses the latest Court of Appeal judgment to consider the issue of capacity to engage in sexual relations.
Court of Protection Update - December 2024
Emily Price analyses two recent Court of Protection cases that concerned the treatment of long-term relationships.
Fluctuating capacity, the “longitudinal approach” and practical dilemmas
David Lock KC asks whether a “longitudinal approach” to when decisions can lawfully be made by patients with fluctuating capacity is consistent with the Mental Capacity Act 2005 (“the MCA”) and, if it is not, whether there is a better framework that could be used to enable decisions to be taken to protect this vulnerable class of persons using the inherent jurisdiction.
Capacity and civil proceedings
Holly Tibbitts examines new recommendations from a working group of the Civil Justice Council on determining capacity to litigate in civil proceedings.
Recovering adult social care charges via insolvency administration orders
Yisroel Greenberg explores the circumstances in which an insolvency administration order should be considered, summarises the legal framework, and offers some practical suggestions when considering applying for one.
Court of Protection case update: October 2024
Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners, including an important ruling on representation during review periods.
Communication with protected parties in legal proceedings
Abby Watson provides practical tips on how representatives of protected parties can enhance communication, and prepare them for judicial visits.
The way forward for CQC – something old, something new….
Carlton Sadler and Siwan Griffiths look at the principal findings of the Dash and Richards reports into the Care Quality Commission and the Single Assessment Framework.
The Ombudsman, DoLS and triaging – asking the impossible?
Alex Ruck Keene KC (Hon) examines a recent Ombudsman report following a complaint about the Deprivation of Liberty Safeguards authorisation process.
Outsourcing and the Human Rights Act 1998 – the consequences
Alex Ruck Keene KC (Hon) analyses a recent High Court case that considered the Human Rights Act in relation to outsourced care.
Commissioning care and support in Wales: new code of practice
The Welsh Government has published a new Code of Practice which came into effect on 1 September and applies principles and standards to the commissioning of care and support services by local authorities, local health boards and NHS trusts in Wales. Emma Watt looks at the details.
Mobile phones and deprivations of liberty
- Details
Is depriving a person of their mobile phone depriving them of their liberty? That was the very 21st century question confronting a High Court judge recently. Whilst his analysis concerned the position of a 16 year old, his conclusions apply equally to adults, writes Alex Ruck Keene KC (Hon).
The interplay between the Housing Act 1996 and the Care Act 2014
- Details
Joshua Swirsky reports on how a local authority successfully defended a judicial review about its withdrawal of funding of temporary accommodation, which had been allowed to continue since 2016.
Court of Protection case review: January 2023
- Details
Eleanor Suthern rounds up the latest Court of Protection judgments of interest to practitioners.
LPS consultation and ‘go live’ planning
- Details
Lynette Wieland and Kelsey Richardson outline the key points of the draft Code of Practice and Regulations for the Liberty Protection Safeguards – and share their top tips for preparing for the go live date.
George Orwell and best interests
- Details
The Deprivation of Liberty Safeguards (DoLS) and public protection are under the spotlight. Alex Ruck Keene KC examines a recent Court of Protection ruling.
Adults with impairments are not big children
- Details
A Court of Protection judge has issued a ringing refutation of a “regressive” assertion, writes Alex Ruck Keene.
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Case Law Update
The final say
The Court of Protection has provided an important reminder that it is the judge who has the final say as to best interests, writes Alex Ruck Keene KC (Hon).
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Events
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Events
Back to Basics: Construction Insurance and Insolvency - Devonshires
16-07-2025 2:00 pm
Online (live)
Institutional landlord series: Service and Notices – from Possessions to Injunctions and Requests for Access - 5 Pump Court
16-07-2025 4:00 pm
Online (live)
HMPL Building Blocks: Tackling Non-occupation and Sub-letting - Devonshires
17-07-2025
Online (live)
To establishing whether Material Changes of Use have occurred - Ivy Legal Training
18-07-2025 9:30 am
Online (live)
A-Z Family Law: Take Two! - 42 Bedford Row 
Executive Programme in Public Procurement Law and Policy - University of Nottingham 
Business and Property Masterclass #5: Interim Relief – Acting urgently and getting it right - Cornerstone Barristers
10-09-2025 11:00 am
Online (live)
Property Law Roadshow 2025 - Bristol - St John's Chambers 
CUBAS Comprehensive Training & Licencing (Manchester), September 2025
Business and Property Masterclass #6: Rights of Light and Restrictive Covenants - Cornerstone Barristers
23-09-2025
Online (live)
AI in the Public Sector Conference - Westminster Insight 
Activism in the Workplace - 42BR Barristers Employment Law Annual Lecture 
DoLS Authoriser Training - LPS Law
HMPL Building Blocks: Service Charges & Ground Rent – Tackling Leasehold and Shared Ownership Arrears - Devonshires
14-10-2025
Online (live)
Property Law Roadshow 2025 - Cardiff - St John's Chambers
Institutional landlord series: Possession – High Court Enforcement - 5 Pump Court
22-10-2025 4:00 pm
Online (live)
Institutional landlord series: Costs Recovery and Legally Aided Parties - 5 Pump Court
05-11-2025 4:00 pm
Online (live)
Annual Fraud Conference 2025 - Oxford Investigation Service
HMPL Building Blocks: Law and Procedure Following Death of a Tenant - Devonshires
09-12-2025
Online (live)
HMPL Building Blocks: Legal Tools to Combat Anti-Social Behaviour - Devonshires
17-02-2026
Online (live)
HMPL Building Blocks: Tenancy Management – Assignment, Mutual Exchange and Succession - Devonshires
12-03-2026
Online (live)
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