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SENIOR ROLES: Test Valley is looking for a Head of Legal & Democratic Services, Southend-on-Sea is hiring an Assistant Director of Legal Services (£51,470 - £57,961 + full benefits) and education law charity IPSEA is recruiting a new Chief Executive Officer (£50,000 to £60,000).

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LAST CALL: Manchester: Principal Lawyer - Construction, Senior Lawyer - Construction and Senior Lawyer x2 - Commercial and Regeneration. Closing: 21 May.

NEWS HEADLINES
 
Confiscation proceedings halted over "fatal error" in indication of guilty pleas
Council’s bid to obtain confiscation order over planning enforcement breaches halted after ruling that indication of pleas of guilty on defendants’ behalf and in their presence by counsel appearing for them in the magistrates’ court was an incurable error

Tribunal refuses to order disclosure of counsel's opinion obtained by county
First-Tier Tribunal refuses call from retired solicitor to order county council to disclose counsel’s opinion

Council admits failure on equality duty over Spearmint Rhino licence
City council formally acknowledges, as part of settlement, that it failed to comply with public sector equality duty when making decision last year to grant new sexual entertainment venue licence

Council stops resident from raffling house in breach of gambling laws
London borough steps in to prevent resident from raffling her home in breach of gambling laws

County nets permission for appeal in village green and school land case
Lancashire secures permission to appeal High Court ruling that backed inspector’s decision to register part of land near primary school as village green
MUST-READ: The law behind the General Election on 8 June
Mark Heath sets out where the law can be found underpinning the forthcoming General Election on 8 June and where those running the election or giving electoral law advice should look to find guidance and assistance.
Law Society opposes fees for planning appeals unless safeguards in place
In response to Housing White Paper Chancery Lane opposes Government's proposed introduction of fees for making planning appeal unless further safeguards are put in place

Opposition group crowd funds judicial review of sale of farms by council
Opposition political group on council seeks to crowd fund judicial review challenge over local authority’s decision to sell off its farm estate

Campaign group to seek judicial review over road closure
Crowdfunding campaign launched for legal challenge to council's decision to close west London street

Woods Whur expands into regulatory law, opens Newcastle office
Licensing law firm opens office in Newcastle and expands into regulatory law with hire of Clyde & Co lawyer
DPS - Practice management software for local government including ABSs
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Three men given suspended sentences for breaching car cruising injunction
Defendants given suspended prison sentences for breaching injunction against car cruising in Birmingham after city council brought committal proceedings

High Court stops compulsory purchase by council of home in poor state
Borough taking further legal advice after failing to convince court that it should be able to compulsorily purchase home described as in such poor condition as to be harmful to locality. Judge pointed to legal error; said council could force owner to sell but must give due consideration to his severe depression

GP surgery administrator fined for illegally accessing patient records
Former NHS administrator ordered to pay nearly £800 in fines and costs after pleading guilty to unlawfully accessing patient records

LGA and Institute of Licensing pursue national register of taxi/PHV revocations
Local Government Association and Institute of Licensing unveil plans to develop national register of taxi and PHV licence refusals and revocation
CLOSING DATES APPROACHING: Don't miss out: MORE SUPERB OPPORTUNITIES: Apply today: LOOKING FOR TRAINING? London Fire Brigade is hiring a Legal Trainee (£28,387 to £34,078). Closing: 12:00 on 25 May.

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MORE NEWS STORIES

GMB warns Transport for London of legal action ahead of Uber PHV renewal

Union has said it is preparing a judicial review challenge against Transport for London over its anticipated renewal of Uber London’s private hire vehicle licence

Public sector barristers on shortlists for inaugural Employed Bar Awards
Number of public sector barristers shortlisted for inaugural Bar Council Employed Bar Awards but none are from local government

Law Society urges Attorney General to open up panels to solicitors
Membership of Attorney General’s panels of junior counsel who undertake civil, EU and international work for all government departments should be opened up more effectively to solicitors with higher rights, Law Society says (On Public Law Today)

National Audit Office appoints three law firms to £750k panel
Spending watchdog names three law firms to legal services panel worth an estimated £750,000. (On Public Law Today)

David Connolly to act as interim Housing Ombudsman as Fowler departs
Assistant ombudsman at LGO to act as interim Housing Ombudsman from beginning of next month whilst recruitment for permanent post-holder to replace Denise Fowler takes place

See all of our most recent news stories
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National Audit Office appoints three law firms to £750k panel
CCS to set up £90m panel for finance and complex legal services
Pension Protection Fund to set up panel of law firms
Trowers advises Royal Borough on trading company share deal
Law Society urges Attorney General to open up panels to solicitors
Natalie Connor joins 11KBW to practice across all specialisms
Public sector barristers make shortlists for Employed Bar Awards
Woods Whur expands into regulatory law, opens Newcastle office

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DON'T MISS: Judical Review Conference: Developments in Public Law - 7BR. London, 6 June. Speakers include Sir Ross Cranston, the recently retired Lead Judge of the Administrative Court, and Richard Clayton QC, Head of public law at 7BR.

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This week's analysis

Errors in major public procurement projects
In association with LexisNexis Public Law, Richard Hanstock considers the lessons from a high-profile dispute over the procurement of a contract to decommission nuclear facilities.

Unlawful plying for hire – where now following Sajjad?
Tim Briton analyses an important High Court ruling on unlawfully plying for hire and driving without insurance, and discusses the options for licensing authorities.

Who guards the guards?
The Court of Protection team at 39 Essex Chambers examine a recent case on responsibility for monitoring standard authorisations.

Part VII, civil rights and review decisions: Poshteh in the Supreme Court
Christi Scarborough discusses the recent Supreme Court housing case of Poshteh v RBKC, addressing the overlap between the Part VII procedure and Article 6 ECHR as well as the discretion given to reviewing officers.

Contracting out homelessness decisions
Peggy Etiebet examines how issues over local authorities contracting out their homelessness functions continue to rumble on.

You can’t park here!
Caroline Bywater looks at the ability of planning authorities to demand restrictions on applications for parking permits.

Implementing the GDPR in the UK: lessons from Germany?
Can we learn from Germany's approach when it comes to implementation of the GDPR this time next year? Robin Hopkins looks at the lessons.
BLOGS: Helping clients see the value in what you do
Should lawyers work within the brief or beyond the brief? Read Geoff Wild’s latest blog.

SUPPLIER OF THE WEEK: Francis Taylor Building is a long established leading public law set, with particular expertise in planning, land valuation, infrastructure, environmental, public law, licensing and regulatory law.


Catch-up on recent articles on Local Government Lawyer and Public Law Today:

Adult Social Services: Funding the Deprivation of Liberty Safeguards
A High Court judge has refused to interfere with Central Government’s alleged underfunding of the Deprivation of Liberty Safeguards regime. James Goudie QC analyses the ruling.

Adult Social Services: At the limits of best interests
In a trilogy of judgments, a judge made findings of fact, determined mental incapacity, and made best interests decisions on behalf of a lady in her 60s with cerebral palsy. The Court of Protection team at 39 Essex Chambers reports.

Adult Social Services: DoLS and inquests - a change in the law
As a result of a new legislative provision, the law on when inquests are required for people lawfully deprived of their liberty either by the DoLS or the Court of Protection has changed, with effect from 3 April 2017. John Glendening, Robin Constable and Ken Slade report.


Adult Social Services: Top ups for local authority and CCG fees
Jonny Landau examines the issues for care home providers, local authorities and clinical commissioning groups in relation to topping up fees.

Adult Social Services: Claiming within time
A High Court judge recently refused to extend the limitation period for a £100,000-£150,000 damages claim against a local authority over an alleged deprivation of liberty. The Court of Protection team at 39 Essex Chambers explain why.

Children: Translating bundles: who pays the bill?
The Court of Appeal has sought to clarify which party should pay the costs of translating documents served in family public law proceedings. Jake Richards examines its conclusions.

Children: What is an ‘unrealistic option’ in the Re B-S context?
Ruth Cabeza analyses the issues raised by use of the phrase 'not a realistic option' in child care cases.


Children: Secure accommodation orders - children or young people placed in Scotland
English local authorities looking to place children in secure accommodation in Scotland have faced significant legal hurdles. Lucia Clark and Anna Forsyth explain how they have been overcome.

Children: Conduct powers over costs
A Family Court judge has recently handed down a key ruling for both local councils in respect of adverse costs orders in family and human rights litigation. Jessica Swanell reports.

Community Safety: Summary review, crime and disorder
The London Borough of Croydon recently defeated an appeal by a nightclub over reduced operating hours. Gary Grant explains why.

Community Safety: Before its time?
Can a local authority use the Anti-social Behaviour Crime and Policing Act 2014 in relation to incidents that occured before the Act commenced? Jonathan Manning reports.

Dispute Resolution: Historic abuse claims: when is too late?
Six reported cases in three months give clear judicial guidance on when the court should/should not disapply the limitation period, argue Paul Donnelly and Samantha Chambers.

Dispute Resolution: Costs in Court of Protection proceedings
Alistair Cantor considers a case which serves as a cautious reminder that the general rule that parties bear their own costs in Court of Protection proceedings, can be displaced in cases of unreasonable conduct.

Dispute Resolution: Personal injury and s.41(1A) Highways Act 1980
Andrew Clarke examines a ruling that a defendant highway authority was not liable for a claimant’s fall caused by ice on a footway which had not been treated.


Dispute Resolution: LASPO and recovery of success fees and ATE premium top-ups
Claimants have secured a huge win in the Supreme Court in relation to success fee and after the event legal expenses insurance premium recovery, writes Caroline Cousins.

Dispute Resolution: The effects of Merrix on a paying party
A recent High Court decision on costs has caused significant concern among paying parties, writes Emma Robinett.

Dispute Resolution: Repairing potholes: the Court of Appeal view
The Court of Appeal recently issued an important ruling on the approach highways authorities should take towards repairing potholes. Steven Conway considers the implications.
 
Dispute Resolution: Defending a claim for judicial review
This LexisPSL Public Law checklist, produced in partnership with Stephen Hocking of DAC Beachcroft highlights the key steps and considerations for defending a judicial review claim including preliminary assessment, acknowledgement of service and skeleton arguments.

Education: Getting schooled by the Supreme Court
The Isle of Wight Council, backed by the Government, recently won a high-profile appeal to the Supreme Court in a case on unauthorised school absence. Alexander Campbell analyses the judgment.

Education: The Upper Tribunal on Education, Health and Care plans
The Upper Tribunal has issued an important ruling on the education of young people with special educational needs. Tom Tabori highlights the key findings.

Employment: Robots for hire? AI and your workforce
A recent report revealed that approximately 30% of UK jobs could be automated within the next 15 years. Anne Palmer asks: what does the growth of AI mean for HR and your workforce?

Employment: The Supreme Court on indirect discrimination
In indirect discrimination the reason why is not relevant, the Supreme Court has said. Phil Allen looks at the implications of the ruling for employers.
 
Employment: Paint a picture - do you see an employee or a contractor?
Responsibility for determination of employment status under IR35 shifts from off-payroll workers to public bodies this week. Azhar Ghose analyses what is a significant shift for legal services.

Employment: When does notice of termination take effect?
The Court of Appeal recently ruled that where an employment contract is silent on the point, notice takes effect on actual receipt of the notice by the employee. Jenny Marley analyses the judgment.

Employment: Dismissal on grounds of ill health
Harmajinder Hayre looks at the lessons to be learned from a Court of Appeal ruling in an employment case which involved dismissal on the grounds of ill health.

Governance: The future shape of local authorities
What sorts of characteristics will the local authorities of the future display? Tiffany Cloynes reports.

Governance: English devolution
Richard Clayton QC analyses the complex scheme for the establishment of combined authorities under the Local Democracy, Economic Development and Construction Act 2009 and considers the lessons from the Derbyshire County Council case.

Governance: Any port in a storm?
Local authorities that manage municipal ports need to consider a wide range of legal issues, writes Lara Moore.

Health: Deprivation of liberty on discharge: conditional discharge and CTOs
The Court of Appeal has handed down an important ruling in relation to deprivations of liberty, conditional discharge and community treatment orders. Louise Wilson analyses the judgment.

Highways: Outsourcing highway maintenance
James Fawcett examines the challenges of outsourcing highway maintenance in the new world of a ‘risk-based approach’.

Housing: The High Court upholds discriminatory housing allocations scheme
In partnership with LexisPSL Local Government, Alex Campbell, barrister at Arden Chambers, considers a recent case where a High Court judge considered a housing allocations scheme giving preference to those who work or volunteer in the community.

Housing: The Homelessness Reduction Act 2017: Challenges, Opportunities
The Homelessness Reduction Act 2017 provides a real opportunity for local authorities, writes Matt Lewin.

Housing: Housing allocations and prioritising working households
A London borough has successfully defended its policy of giving priority in its housing allocation scheme to working households. Christopher Baker explains how.


Housing: Introductory tenancies and service of s.128 notices
The Court of Appeal recently considered whether a notice under s.128 of the Housing Act 1996 was valid. Sarah Salmon looks at the lessons from the ruling.

Housing: Human rights challenges and the social housing rules
The Court of Appeal has rejected a challenge under the Human Rights Act 1998 to the legislation governing the right to succeed to a secure tenancy. Ben Lask explains why.

Housing: Do actions speak louder than words?
Ben Gant examines a recent case where a city council arranged for a company to place 'guardians' in a former care home it owned.

Housing: HMO licence conditions and types of occupier
Can HMO licence conditions restrict occupation to a type of occupier, such as a student? Sarah Salmon reports on a recent Court of Appeal case.

Information Law: Local government GDPR readiness: good and will get better
Press reports on recent research by the Information Commissioner's Office into councils' preparations for the General Data Protection Regulation suggested a lack of readiness. Ibrahim Hasan goes behind the headlines.

Information Law: Yet another subject access judgment…
Anya Proops QC analyses the latest ruling on subject access requests, this time from the Court of Appeal.

Information Law: GDPR: goodbye notification, hello fees
Ibrahim Hasan looks at how the Government intends to ensure the Information Commissioner's Office is funded when the General Data Protection Regulation replaces the Data Protection Act.

Licensing: Licensing procedure – traps for the unwary
Ian de Prez examines some of the procedural issues faced by licensing sub-committees, and considers a House of Lords committee's proposal that their responsbilities be transferred to planning committees.

Licensing: Immigration and licensing applications
Paddy Whur sets out the new measures on immigration status and right to work and their impact on licensing applications.

Licensing: Winning at altitude
In what is thought to be a first, an appellant has succeeded in overturning a revocation decision of Westminster City Council on appeal, writes Philip Kolvin QC.

Licensing: Big changes afoot for summary licence reviews
Anna Mathias discusses significant changes to the summary reviews procedure which will come into force on 6 April.

Licensing: Streets ahead?
Trade objectors recently tested the definition of a “street” in a betting office application case. Andy Woods examines the outcome.

Licensing: When can premises be closed by the council or the Police?
Kuljit Bhogal surveys the powers available to close commercial premises that are the source of anti-social behaviour.

Management: Have your cake, eat it … and lose weight
Who do local authority clients prefer to work with, in-house lawyers or external law firms? Geoff Wild looks at the relative attractions.


Planning: Conditions and PD rights
When does a condition restricting use remove permitted development rights? Roy Pinnock provides an update following a recent Court of Appeal ruling.

Planning: Standing and substituting claimants in statutory planning appeals
A Planning Court judge has recently considered the approach taken to the issue of standing and the substitution of parties in statutory planning appeals. Sarah Sackman reports.

Planning: Permissions in principle and brownfield land
The Town and Country Planning (Permission in Principle) Order 2017 has come into force, allowing "permission in principle" to be granted for housing-led developments on brownfield land. Chris Bowes and Rebecca Roffe look at the key provisions and the effect the Order may have on developments on brownfield sites.

Planning: The Lancashire fracking challenge
The High Court recently considered a legal challenge to planning permissions granted by the Communities Secretary to a fracking company. Yaaser Vanderman explains the outcome.


Planning: The interpretation of conditions and restriction on GDPO
Alistair Mills report on a signification Court of Appeal ruling on the interpretation of a planning condition.

Planning: Demolitions in Conservation Areas
The High Court has decided what the judge described as a “small but important point” regarding the proper approach to the demolition of walls in Conservation Areas. Isabella Tafur explains the outcome.

Planning: Care needed in applying local green belt policies
The Court of Appeal has quashed planning permission for a power installation on metropolitan open land. Roy Pinnock explains why it disagreed with the High Court.
 
Procurement: Correcting obvious errors in procurement bids
Does a contracting authority have an obligation to allow a bidder to correct an obvious error in its bid after the bid deadline has passed? Helen Prandy reports.

Procurement: A 'sufficiently serious' breach?
What is a 'sufficiently serious' breach justifying damages in a public procurement claim? Stephen Pearson examines a case that went all the way to the Supreme Court.

Procurement: Not having your cake and eating it
Andrew Millross highlights a recent opinion of the Advocate General about procurement obligations and the subsidiaries of contracting authorities.

Procurement: Clear as day – procurement and transparency
Jenny Beresford-Jones examines the latest version of the transparency principles for procurement issued by the Crown Commercial Service.

Procurement: Judicial review and procurement challenges
Is there a place for judicial review in procurement challenges? Colin Ricciardiello reports on an important case for contracting authorities.


Procurement: The essential activities test
A recent Court of Justice of the European Union ruling relating to the Teckal exemption will be of interest to contracting authorities considering alternative delivery structures and shared services, write Melanie Pears and Tim Care.

Procurement: A third way?
A recent Court of Justice of the European Union ruling suggests potential new avenues for public to public co-operation, write James Clayton and Mark Fitzgibbon.

Projects: Lessons from Edinburgh Schools PFI
A recent report into the Edinburgh Schools PFI contains important lessons for public sector clients, writes Louise Jobling.

Property: Service charges and third party contributions
The Court of Appeal has handed down an important ruling on costs, service charges and right to buy leases. Christopher Baker explains the outcome.

Property: Rateable values and the appropriate day
The Upper Tribunal recently considered the correct approach in ascertaining the ''appropriate day'' for calculating the rateable value of a house as part of an enfranchisement claim under the Leasehold Reform Act 1967 following the conversion of a building from two flats into one house. Richard Alford and Piers Harrison analyse the ruling.

Property: Borrowing money and investing in property
Is it lawful and, if lawful, is it prudent for the local authority to borrow money to invest in land? Alec Samuels analyses the issues.


Property: Refurbishment works and business rates
In a decision that will be welcomed by developers and property owners, the Supreme Court has held that a commercial property undergoing extensive refurbishment works was effectively exempt from business rates. Petra Billing and Ian Brierley report.

Regulatory: Environmental civil sanctions
The Upper Tribunal Administrative Appeals Chamber has given its decision on the first appeal to the Upper Tribunal against a stop notice served under Schedule 3 of the Environmental Civil Sanctions (England) Order 2010. James Maurici QC reports.

Regulatory: Prosecution of fly tipping
Jeremy Asher and Stephen Sadler examine the rise in fly-tipping incidents and the tools available to local authorities to tackle the issue.


Transport & Highways: Standards of highway maintenance
This LexisPSL Local Government article, produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors, examines how the quality of highway maintenance required of those responsible for it depends almost entirely on the expected ordinary traffic on the highway in question.
Southend - Assistant Director
Cheshire West and Chester
Cheshire West and Chester
Cheshire West and Chester
Somerset CC - Assistant Solictor - Corporate & Commercial
Manchester - multiple roles


LGSS Finance Director
Test Valley - Head of Legal
Test Valley Borough Council

Head of Legal & Democratic Services
South London Legal Partnership
South London Legal Partnership
Advocate - Social Care and Education x2

Sheffield City Council
Sheffield City Council

Childcare Lawyers x3
Knowsley Council
Knowsley Council

Assistant Solicitor - Regeneration
IPSEA CEO
IPSEA

Chief Executive Officer
Reigate & Banstead
Reigate & Banstead

Assistant Company Secretary
Somerset County Council
Somerset County Council

Assistant Solicitor - Civil Litigation
Assistant Solicitor - Children's Social Care
Assistant Solicitor - Corporate & Commercial

Derbyshire County Council
Derbyshire County Council
Solicitor/Barrister (Advocate)
Solicitor - Childcare

Birmingham City Council
Birmingham City Council
Solicitor (for Acivico)

Senior Solicitor - Children's Legal Team
Legal Assistant - Litigation

Hampshire County Council
Hampshire County Council

Adult and Education Solicitor
Herefordshire Council
Herefordshire Council

Senior Children's Solicitor x4
Children's Solicitor

London Fire Brigade
London Fire Brigade

Legal Trainee
Legal Services Lincolnshire
Legal Services Lincolnshire

Senior Lawyer - Commercial
Leicester City Council
Leicester City Council

Supervisory Local Land Chargers Officer
LGSS Law
LGSS Law
Principal Paralegal - Litigation


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