Articles

Katherine Anderson reviews the appeal of London Borough Camden v KT [2024] UKUT 225 (AAC), in which Upper Tribunal Judge Jacobs analysed the legal position when a parent consents to the special educational provision in their child's EHCP being arranged in the family home.

Olivia McGonigle looks at the appeal to the Upper Tribunal of LC and RC v Hampshire County Council [2023] UKUT 281 (AAC) which concerned, among other things, the test that should be applied when section I of an Educational Health and Care Plan ('EHCP') is in dispute.

Katherine Anderson considers the appeal A Multi Academy Trust v RR [2024] UKUT 9 (AAC), in which the issues around the application of the test in section 20(3) of the Equality Act 2010 as modified by schedule 13, particularly in its application to special schools.

Jim Hirschmann writes about how duties to children with Special Educational Needs and Disability are often not being met and the explanation for this is often a shortage of necessary staff or placement. He provides examples from the Local Government and Social Care Ombudsman.

3PB's specialist Court of Protection barrister Matthew Wyard has written on the recent Court of Protection property and affairs decision of TA v the Public Guardian, a case confirming the scope of a certificate provider’s duties when executing a LPA.

Matthew Wyard has written an update on the right to file a Claimant's Reply which comes into effect on 06 April 2024.

It has long been customary practice for Claimants to file a Reply document following receipt of a Defendant's Acknowledgement of Service in judicial review proceedings. This is despite there being no provision in the Civil Procedure Rules allowing a Claimant to do so.

Naomi Webber reviews the changes to the annual leave entitlement and holiday pay of part-year and irregular hours workers, as The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 and the Holiday pay and entitlement reforms came into force on 1 January 2024.

Michelle Marnham, 3PB's Head of Personal Injury and Clinical Negligence, alongside future 3PB pupil Jeremy Warner have written on the Supreme Court Judgement in Paul v Royal Wolverhampton NHS Trust.

Alexander Whatley has written, for LexisNexis, an article about breaching payment obligations under agency agreements in the case of Aston Martin MENA Ltd v Aston Martin Lagonda Ltd. The analysis highlights the partially-successful claim, following trial, brought against this well-known manufacturer of luxury cars by its exclusive distributor in the Middle Eastern, North Africa and Turkish (‘MENA’) region.

In his article, Andrew Duncan uses reported case examples, such as H-W (Children); H-W (Children) (No 2) [2022] UKSC 17, as well as his own experience within the family courts, to explore the importance of thorough risk assessments by Local Authorities in order to avoid adjournments and/or delays due to further assessments being required.

Andrew also highlights the importance of practitioners making an early-stage identification of any inadequate pleading within threshold to ensure accurate assessments are completed so that the court can properly “conduct the holistic balancing exercise that the child’s future demands.

3PB's commercial law barrister Alexander Whatley analyses the case of Abigal Boura v Lyhfl Limited [2023] EWHC 2585 (Ch), a case in which the High Court had to consider whether one director has standing to apply to court for the appointment of an administrator in circumstances where there is no majority of the board and no valid resolution of the board in favour of the application.

Matthew Wyard, Jim Hirschmann and Rosa Thomas write for Local Government Lawyer on the framework concerning the duty to consult in public law.