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ON THE UP: The legal team at Cardiff is expanding and has a number of exciting roles: Solicitor - Contracts & Procurement; Solicitor - Property, Planning & Development; Solicitor - Health & Social Care, and Solicitors - Childcare. Closing: 8 June.

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Council fined £150k for publishing sensitive data in online planning documents

Essex local auhority ordered to pay £150,000 by Information Commissioner for publishing sensitive personal information about family in planning application documents that were made publicly available online

Case against teachers in 'Trojan Horse' affair halted over abuse of process
Panel dismisses proceedings against five teachers involved in Birmingham ‘Trojan Horse’ affairs, declaring them an abuse of process

Ex-government lawyer struck off for dishonesty by backdating documents
Solicitors Disciplinary Tribunal strikes ex-government lawyer for dishonesty over backdating of documents for court

Bar Council proposes protocol for court-sitting hours amid listing concerns
Bar Council urges adoption of new Court Sitting Hours’ Protocol for all hearings in High Court, County Courts, Crown Courts, Magistrates’ Courts and Tribunals, amid concerns that tendency has developed to list cases increasingly early or late in court day without reference to majority of court users
MUST-READ: Section 20 of the Children Act 1989 – local authority duties
LexisPSL Local Government, in partnership with Claire Cousin, provide a comprehensive guide to local authorities' duties under section 20 of the Children Act 1989.
Capita fails to secure injunctions over staff who moved to healthcare rival
Deputy High Court judge refuses to grant Capita series of interim injunctions sought against former staff who set up rival business in healthcare sector

Council ordered to pay £45k in fines and costs after apprentice injured
City council pleads guilty after apprentice suffered serious hand injuries

NHS Resolution names 13 law firms to £523m legal services panel
NHS Resolution appoints 13 law firms to panel for the provision of health-related legal services worth an estimated £523m over four years. Panel will cover services related to clinical and non-clinical liabilities, and regulatory, health and disciplinary law (On Public Law Today)
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Cornwall Council faces judicial review over Isles of Scilly heliport decision
Transport operators on Isles of Scilly locked in dispute that could see planning permission for heliport subject to judicial review challenge

Campaigners bid to raise £25k in pursuit of incinerator judicial review
Group seeking to raise £25,000 to mount judicial review challenge over plans for incinerator in Aire Valley

Essex council confirms switch to committees in bid to be “more democratic”
Vote to change to committee system to run council in place of Leader and Cabinet

Landlord prosecuted for failure to be licensed with Rent Smart Wales
Newport landlord first landlord in Wales to be prosecuted for failing to become licensed with Rent Smart Wales.

Beer and pubs body calls for end to use of Article 4 directions
Use of Article 4 directions is damaging for pubs and no longer necessary as a result of changes to national planning legislation, British Beer & Pub Association claim
DON'T MISS OUT: The deadline for a number of great jobs is today (2 June): MAKE YOUR NEXT MOVE: TOP LOCUM ROLE: Head of Legal (Kent).



Union urges Scottish council to settle after equal pay victory
Unison Scotland calls on Glasgow City Council to settle equal pay dispute after winning in Court of Sessions

Scottish social landlords to set up £2.6m legal services panel
Four Scottish social landlords are to set up a legal services framework agreement worth £2.6m over four years (On Public Law Today)

Charity crowd funds in bid to challenge roll-out of Right to Rent scheme
Joint Council for the Welfare of Immigrants begins crowd funding ahead of potential legal challenge to roll-out of Right to Rent scheme to Scotland, Wales and Northern Ireland

Human error to blame for almost half of all data breaches: report
Human error accounts for almost half of all data breach incidents, review of data from Information Commissioner’s Office suggests

ClientEarth takes Defra to court again in latest row over air quality plans
Environmental law charity to take Government to High Court in bid to seek improvements to its draft air quality plans

See all of our most recent news stories

Bond Dickinson backs combination with US ally Womble Carlyle
NHS Resolution names 13 law firms to £523m legal services panel
Scottish social landlords to set up £2.6m legal services panel

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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.


This week's analysis

Polling Day and the Count
As 8 June approaches, Mark Heath reviews issues that may arise on Election Day itself around polling and the count to provide guidance as to how the day should be approached.

The scope of section 106s: re-stating the obvious
The Court of Appeal has recently considered planning authorities' use of s.106 obligations to prohibit applications for parking permits. John Pugh-Smith reports on the outcome.

Enforcement of confiscation orders
Barnaby Hone sets out some key considerations when it comes to ensuring confiscation orders are enforced.

Ever decreasing circles
Gwendoline Davies, Andrew Northage and Robert Starr analyse the latest case to further limit legal professional privilege. Although a criminal case, it applies equally to civil and regulatory investigations.

Litigation capacity under the spotlight
The Court of Protection team at 39 Essex Chambers examine a recent case where the law relating to litigation capacity was applied in practice.

The pitfalls of contractual joint ventures
Rebecca Hazeldine looks at some of the opportunities and pitfalls of joint ventures.

Calculating strike pay deductions
If a teacher takes part in lawful strike action, how much pay is their employer entitled to deduct? Phil Allen looks at a recent Supreme Court ruling.
BLOGS: Service standards or service excellence?
Service standards could have the effect of lowering expectations of excellence when we should be raising them instead, writes Geoff Wild.

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

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

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.

Children: Age disputes and interim accommodation
What happens young people whose age is questioned approach a local authority as homeless? Must they be accommodated as children, or can they be accommodated in temporary adult accommodation until their age is determined by the local authority? Jonathan Auburn reports.

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.

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.

Dispute Resolution: The extent of the Court of Protection's powers
The Supreme Court has handed down an important ruling on the limits of the Court of Protection’s powers, writes Ben Zurawel.

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.

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.

Governance: The role of the Returning Officer
Mark Heath examines the legal status of the Returning Officer for those running the General Election on 8 June.

Governance: The widening gap in the law in England and Wales
Huw Williams examines the increasing divergence between the law in England and Wales and considers what this means for local authorities.

Governance: 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.

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.

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: Discretionary Housing Payment Policies: Long-term awards and relevant considerations
Jed Meers examines the lessons for local authorities on a key ruling in relation to discretionary housing payment policies.

Housing: 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.

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

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.

Information Law: 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.

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.

Licensing: Bingo in pubs
In a key judgment, the Court of Appeal has ruled on the power of the Gambling Commission to refuse operating licences for bingo in pubs. Philip Kolvin QC explains the outcome.

Licensing: 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.

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.

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: The Suffolk Coastal case and local planning authorities
Hereward Phillpot QC considers the implications for local planning authorities from the Supreme Court’s judgment in the Suffolk Coastal District Council case.

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

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.

Procurement: 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.

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.

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: Legal owners lacking mental capacity to deal with land
LexisPSL Local Government, in partnership with Rebecca Sharpe of RJR Legal Ltd, examine the options where a legal owner lacks mental capacity to deal with land.

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.

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.
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Senior Solicitor, Team Leader, Corporate and Commercial Team

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Advocate - Social Care and Education x2

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