This week's edition of Local Government weekly highlights covers new practical guidance on preparing for the Procurement Act 2023 which comes into force on 24 February 2025. It also includes expert analyses of the decisions in Calderdale MBC v Cheshire EBC which involved the courts determining the relevant local authority in care proceedings based on the child's ordinary residence; Hayes v Tower Hamlets, a judicial review challenge of the decision made by the Mayor of Tower Hamlets (MTH) to remove a neighbourhood low traffic scheme following a public consultation; and Re Jones v Wrexham County Borough Council where the Court of Appeal confirmed that there is no duty on local planning authorities in Wales to adopt a local development plan which an inspector upon examination has recommended for adoption. Case reports include One Medicare v NHS Northamptonshire ICB, concerning contractual and regulatory framework governing the provision of healthcare services and the responsibilities of NHS bodies in ensuring compliance with statutory duties; R (Ivory) v Welwyn...
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Micklefield clausesWhat is a Micklefield clause?It is common for employee share plans to provide that, on termination of employment (or when an employee is given or receives notice of termination of employment), subsisting share awards will be forfeited and subsisting share options will lapse.It is
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Early leavers—preservationFORTHCOMING DEVELOPMENT: Section 10 of the Finance Act 2022 will increase the normal minimum pension age (NMPA) from 55 to 57 on 6 April 2028 (save for members of the firefighters, police and armed forces public service pension schemes).The Finance Act 2022 will also give
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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