This week's edition of Local Government weekly highlights includes: expert analysis on the decision in Welsh Language Commissioner v National Savings and Investments, where the Welsh Language Commissioner challenged the decision to withdraw its Welsh language scheme despite the Commissioner's recommendation. Case reports include the decisions in QA v SOS for FCDO, where the High Court quashed the SOS’s decision on Afghan resettlement due to bias concerns; ZHB v Cardiff City Council, in relation to age assessment; A Local Authority v W, where the Family Court ruled on the threshold criteria for infant's care proceedings despite the mother's pre-birth death; South Tyneside Council v E, where the Family Court granted special guardianship to the maternal uncle in UAE despite the challenges; the Court of Appeal’s decision in Sashi Shashikanth v NHS Litigatin Authority, on the adjudicator's decision on NHS contract dispute; Wallis v North Northamptonshire Council, where the High Court dismissed the out-of-time judicial review claim against planning permissions; and SOS for Work and Pensions...
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If planning permission imposes restrictions on a licensed premises opening hours, once operational can the personal licence holder apply for a Temporary Events Notice (TEN) to open for longer hours than those permitted in the planning permission?To use any property for a licensable activity both
Financial clean break orders in family proceedingsDuty of the court to consider a clean breakAlthough there is no presumption in favour of there being a financial clean break between parties on divorce, the court is under a duty to consider whether it would be appropriate to exercise its powers so
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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