Westminster Council wins Hemming appeal at the Supreme Court
PRIVATE PRACTICE OPPORTUNITY: Bond Dickinson is hiring: Projects Lawyer (Bristol) and Procurement Lawyer (could be based at any one of the firm's offices).
- Enfield Council: Director Law & Governance (£95,950 – £117,160 inclusive of up to 10% PRP).
- Warwickshire: Legal Services Manager (7 years' PQE: to £77,525; to grow its service) - Closing: 10 am on 26 July and Solicitor - Corporate and Commercial (to £45,989) - closing: 24 July. See also:Solicitor - Planning & Litigation (to £45,989 pro rata; PT).
- Birmingham: Senior Solicitor - Adult Services and Human Rights (to £52,455).
- Guildford: Principal Solicitor - Contracts, Property and Procurement (to £57,910). Closing: 26 July.
- Waltham Forest: Senior Family Lawyer (£47,544 - £50,445 + market supplement of up to £5,000); Litigation Lawyers x3.
- Barking and Dagenham: Senior Safeguarding Lawyer, Safeguarding Lawyer, Property Lawyer, Housing Lawyer, In House Advocates
- Thurrock Council: Contract and Procurement Lawyer, Commercial Property Lawyer, Planning, Highways And Public Rights of Way Lawyer, Children's Safeguarding Lawyer
City of Westminster wins key victory in the long-running battle over the level of fees that local authorities can charge licensed premises
Family judge warns on cross-courting after councils express concern
Designated Family Judge for Cheshire and Merseyside issues warning to lawyers in area over ‘cross-courting’, after councils raised concerns that practice was resulting in their social workers being delayed at court for unacceptable periods
NW council suspends director of legal services as neutral act
Cheshire East suspended its Director of Legal Services and Monitoring Officer following meeting of its Investigation and Disciplinary Committee last week
Police and not council must pay for special advocates in family case: judge
Police and not local authority must pay for provision of special advocates in rare example of them being required for Family Court case, Cobb J rules
Borough persuades judge to quash decision on flats amalgamation
Royal borough successfully applies to High Court to have quashed decision by planning inspector to allow amalgamation of four flats into single dwelling
High Court quashes assessment that child was not 'in need'
Judge quashes assessment by London borough after it failed to re-assess whether child - following diagnosis of autism - was in need of assistance
Council eyes legal action after minister backs inspector on 100+ home site
Communities Secretary upholds planning inspector’s decision to allow housing development in Swindon, dismissing appeal by borough council which has threatened further legal action over issue
LGA to explore local government mutual to reduce cost of insurance
Local Government Association urges local authorities to become founding members of local government mutual aimed at reducing amount councils spend on insurance
Ombudsman slams failures on decision making for those lacking mental capacity
Some councils and care providers do not properly understand processes for making decisions on behalf of people who lack mental capacity, Local Government and Social Care Ombudsman says in report
Digital bundling & court presentation software now includes video streaming.
CaseLines, the world’s leading solution for evidence management and courtroom presentation announces that its latest innovations are available from today on G-Cloud 9, the Crown Commercial Service procurement framework. The latest release now includes a world first; one-click video streaming, in court, of pre-recorded evidence. Users can now add video in any format as easily as they could add a page of paper evidence. Once in CaseLines, lawyers can add comments, tab interesting points in the video, and launch the video with a single click in the courtroom. CaseLines can stream video from any source including body worn video, CCTV or pre-recorded evidence from children or other vulnerable witnesses. Read more...
Judge refuses permission in latest state aid challenge over sports stadium
High Court judge refuses owners of Coventry City Football Club permission to seek judicial review in their latest state aid challenge over decisions taken by Coventry City Council
Sir Ian Burnett selected to be next Lord Chief Justice
Sir Ian Burnett appointed Lord Chief Justice of England and Wales from 2 October 2017, taking over role on retirement of Lord Thomas of Cwmgiedd
Home Office fined for breaching pay cap rules
Home Office heavily fined by Treasury over salary it agreed for chair of Independent Inquiry into Child Sexual Abuse
Court upholds parking charges on hospital staff
Cardiff and Vale University Health Board defends its staff car parking policy after employees were left with large bills when they lost court case on charge
School at centre of gender segregation court case forced to become academy
School in Birmingham at centre of court battle over gender segregation is set to be compulsorily turned into an academy byGovernment
READ OUR ADULT SOCIAL CARE 2017 SUPPLEMENT
– including the findings of our exclusive survey of 56 local authority adult care lawyers. In association with LexisNexis, the publication also looks at the impact of the Care Act 2014, the Law Commission’s proposed replacement for the Deprivation of Liberty Safeguards, the challenges of health and social care integration, how to tackle bed blocking and much more.
|DON'T DELAY: Some closing dates are imminent:
MORE GREAT JOBS:
- Spelthorne: Local Government Lawyer. Closing: 4 pm on 21 July (TODAY).
- East Sussex/Orbis: Solicitor/Barrister - Property Law (to £51,440), Solicitor/Barrister - Property, Planning, Highways (to £40,596) and Legal Officer - Litigation and Information. Closing: 23 July.
- Dover: Commercial Lawyer (£42,813 - £48,445 per annum plus car allowance). Closing: 24 July.
- Environment Agency: Grade 6 Senior Lawyers - Property; and Grade 5 Lawyer - Property. Locations: Exeter, Peterborough, Reading or Solihull. Bristol also possible for right candidate. Closing: 24 July.
- IPSEA: Legal Team Manager. Closing: 24 July.
- Kettering: Litigation Lawyer. Closing: 28 July.
- LGSS: Principal Lawyer - Property (£45,937 - £55,257), Lawyer - Child Care, Paralegal - Child Care - all closing: 28 July. See also: Lawyer - Property (Huntingdon), Lawyer - Property (Northampton), and Paralegal - Property - all closing 4 August.
SIGN UP TO RECEIVE JOB ALERTS
- Tower Hamlets: Senior Planning Lawyer (£44,496 - £47,292).
- Herefordshire: Senior Children's Solicitor x4; and Children's Solicitor.
- Cornwall: Adult Social Care Lawyer and Legal Assistant x2.
- Reigate & Banstead: Legal Manager - Commercial and Litigation (to £62,145), Senior Lawyer - Property, Lawyer - Procurement and Commercial, and Law Clerk - Litigation.
- Bolsover: Legal Team Manager/Solicitor - Contentious (£43,906 - £46,250).
- Newark & Sherwood: Senior Legal Officer.
- Iken: Contracts Advisor (£25,000 - £30,000).
MORE NEWS STORIES
Court rejects damages claim over alleged exposure to asbestos during tenancy
High Court judge rejects claim for damages brought by widow who argued that her husband had suffered malignant mesothelioma as result of exposure to asbestos during his tenancy of council-owned property
Taxi and PHV licensing legislation “inadequate and outdated”, LGA to tell MPs
Current legislation for licensing of taxi and private hire vehicles (PHVs) is “inadequate and outdated”, Local Government Association says in briefing prepared ahead of debate in Parliament this week
Judge dismisses judicial review challenge to planning permission for Stamford Bridge stadium works
High Court judge refuses to give permission for judicial review challenge to London Borough of Hammersmith & Fulham’s grant of planning permission for Chelsea’s Stamford Bridge stadium works that will bring capacity to 60,000
Electoral Commission calls for action on duplicate registration applications
Urgent action is needed to reduce both scale and administrative impact of duplicate registration applications ahead of future polls, Electoral Commission says
Competition authority lifts restrictions on Bristol bus operators
Obsolete competition undertakings that governed bus services in Bristol area lifted by Competition and Markets Authority
Fire Authority sets out opposition to Police Commissioner takeover
Cambridgeshire and Peterborough Fire Authority members object to plans from area’s police and crime commissioner to take over its responsibilities
See all of our most recent news stories
Hyde Group to procure multi-million pound legal services panel
Lincoln House wins £1m GMC contract for interim orders advocacy
Mills & Reeve "comfortably outperforms" UK 100 average growth
DAC Beachcroft records rising turnover and profits per partner
This week's analysis
Dismissing senior public servants and officers
sets out the lessons to be learned from a judicial review of the dismissal of a chief constable.
Consortium bidding in public procurement - examining the opportunities and the risks
This LexisPSL Public Law
analysis by Peter Ware
and Jennifer Grigg
of Browne Jacobson LLP
examines the opportunities and risks of consortium bidding in public procurement.
Local authority housing company funding: no one size fits all
sets out some of the key considerations when local authorities fund wholly-owned housing companies.
Relinquished babies and notification of family members
When it comes to relinquished babies, when does a local authority not have to notify extended family members? Kieran Coleman
Summary reviews: sometimes a sledgehammer to crack a nut?
Are expedited reviews the only tools available for dealing with problem premises, or should they be reserved for only the worst-offending premises? Paddy Whur
considers the best approach.
Duties in relation to falls causing serious injury
Following the judgment of the Court of Appeal in Edwards v Sutton London Borough Council
the Courts have again considered the question of the duties of occupiers and highway authorities in relation to a fall causing serious injury. Lea Brocklebank and David Williams report.
Reference ruled discriminatory
An employment tribunal has ruled that a reference given by an employer was unfair and amounted to disability discrimination and victimisation. Harmajinder Hayre
Age assessment and withdrawal of support
A judge has considered the lawfulness of a council’s policy of withdrawing services from someone claiming to be an unaccompanied child asylum seeker at the same time as giving summary reasons for its decision that they were not under 18. Joshua Swirsky
BLOGS: Understanding the objectives of clients
What will make your clients relish the opportunity to work with you again: content or delivery? Geoff Wild
considers the issues.
SUPPLIER OF THE WEEK: If you are involved in cases that require DNA relationship testing or Hair Drug & Alcohol analysis contact us today to learn how we can help. With three decades at the forefront of DNA paternity testing, a leading Hair Drug & Alcohol testing service and as one of the largest forensic laboratories in the UK, Cellmark is a name you can trust.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: The role of the Care Quality Commission
LexisNexis Local Government
, in partnership with Tim Spencer-Lane
, sets out the role, powers and functions of the Care Quality Commission (CQC).
Adult Social Services: 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.
Children: Placement for adoption and procedural fairness
A recent High Court ruling that quashed a placement for adoption makes important reading for all local authorities, writes Sarah Tyler
Children: The continuing duty under s.17 Children Act 1989
examines a recent Administrative Court ruling on whether a council had complied with its duty under s.17 Children Act 1989.
Children: Managing professional differences for children’s safeguarding decisions
looks at the important role escalation processes play in safeguarding children and young people.
Children: The Children and Social Work Act 2017
looks at the impact on local authorities of the significant changes to be introduced by the Children and Social Work Act 2017.
Children: 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.
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
Dispute Resolution: Affordability after Well-Managed Highway Infrastructure
examines a key concept being introduced to Well-Managed Highway Infrastructure - affordability.
Dispute Resolution: Costs budgets and detailed assessment
The Court of Appeal has handed down judgment in an important costs budgeting case involving a NHS trust. Roger Mallalieu
sets out its findings.
Dispute Resolution: Roberts v Johnstone in a time of a negative discount
, Paul Taylor
and David Williams
analyse a recent High Court ruling on the impact of a recent change in the discount rate on a Roberts v Johnstone
claim for accommodation.
Dispute Resolution: Recovering costs – helpful hints (private law)
James E. Petts
sets out some key considerations for local authorities looking to recover their costs.
Dispute Resolution: Bouldering claim falls over obvious risks
The duties of organisations providing sporting activities which include a risk of injury, and the extent to which a participant's acceptance of the inherent risks should impact on a subsequent injury claim, has again been considered by the courts. David Williams
and Richard Rowe
examine the latest case.
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: The Taylor Review into 'gig' working
Matthew Taylor's much anticipated report on modern employment practices has been published this week. Sarah Maddock
sets out the key findings.
Employment: Context is all
looks at fair redundancy following absence for cancer treatment.
Employment: Employee misconduct and LGPS pension forfeiture
examines the ability to confiscate an employee’s pension for misconduct or negligence during employment.
Employment: No bans on local authority disinvestment decisions
The High Court recently heard a challenge to government guidance on the investment strategy for the local government pension scheme that sought to prevent boycotts, divestment and sanctions against foreign nations and UK defence industries. David Hart QC
analyses the outcome.
Employment: A warning for all multiple claims
Daphne Romney QC
considers a recent Employment Appeal Tribunal decision whose impact goes far beyond equal pay claim.
Governance: Standards and investigating councillor misconduct
The High Court has dismissed a challenge to a council standards procedure. James Goudie QC
, Peter Oldham QC
and Ronnie Dennis
set out why.
Governance: Councillors, council tax arrears and FOI
looks at how local authorities have responded when faced with FOI requests asking for the names of councillors in arrears over their council tax.
Governance: The impact of becoming British on EU rights
An Advocate General has recently concluded that becoming British does not mean the end of an EU citizen’s EU rights. George Peretz QC
Governance: Election challenges
With the 2017 UK parliamentary general election this week, returning officers and their teams may be considering what options are open to the disgruntled candidate or elector who seeks to challenge the result of an election. Emyr Thomas
Health: Putting yourself in the shoes of P
The Court of Protection team at 39 Essex Chambers
analyse a case of standing in the shoes of P in a difficult decision as to cancer treatment.
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
examines the challenges of outsourcing highway maintenance in the new world of a ‘risk-based approach’.
Housing: Homelessness appeals and dependent children
discusses a court’s decision that a homelessness appellant’s children could not count as ‘dependent children’ because they were not 18 years of age or under.
Housing: Local authority employees, tied accommodation and Article 14 challenges
The High Court has rejected an Article 14 challenge regarding security of tenure for local authority employees occupying ‘tied accommodation’. Andrew Lane
and Tara O'Leary
Housing: Preference for existing social housing tenants
A High Court judge has ruled that a London borough's housing allocation scheme preferring existing social housing tenants was not unlawfully discriminatory, but that the operation of a system of direct offers was unlawful. Christopher Baker
and Richard Granby
Housing: Revisiting decisions on eligibility for homelessness assistance
A High Court judge has ruled that a London borough was not entitled to revisit a decision that an individual was eligible for homelessness assistance. Alice Richardson
Housing: Discretionary Housing Payment Policies: Long-term awards and relevant considerations
examines the lessons for local authorities on a key ruling in relation to discretionary housing payment policies.
Information Law: Don’t mention the bigger picture
analyses an important Court of Appeal ruling on 'environmental information'.
Information Law: Subject access requests: the ICO revises its guidance
The Information Commissioner's Office has changed its guidance in relation to subject access requests. Robin Hopkins
sets out the key points.
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.
Licensing: A new enforcement strategy at the Gambling Commission
The Gambling Commission has unveiled a new enforcement strategy. Anna Mathias
looks at the key points.
Licensing: Licensing: the negative side of “Positive Partnerships”
Partnership working may be the current preoccupation in licensing but it is not the solution to all its ills, warns Gerald Gouriet QC
Licensing: A spent conviction by any other name
There has been a significant change to the law regarding the convictions and cautions that can be taken into account when assessing whether someone is 'fit and proper' to hold a Hackney Carriage / Private Hire driver licence, which is leaving councils in the dark and unable to have regard to the totality of a person's criminal conduct, writes Tim Briton
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?
analyses an important High Court ruling on unlawfully plying for hire and driving without insurance, and discusses the options for licensing authorities.
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: Local authorities and DCOs
and Jane Wakeham
analyse the role of the local authority in the Development Consent Order process.
Planning: The Court of Appeal on the presumption in favour of sustainable development
The Court of Appeal has resolved conflicting judgments on paragraph 14 of the National Planning Policy Framework and the presumption in favour of sustainable development. Gwion Lewis
Planning: What happens to old planning applications?
sets out how local planning authorities can deal with old planning applications.
Planning: The proper approach to development plan policy
The High Court’s dismissal of a challenge to the grant of planning permission for a crematorium is significant when it comes to the approach to development plan policy, writes Zack Simons
Planning: The correct approach to 'setting'
The Planning Court has endorsed a broad approach to 'setting'. Emma Dring
explains the ruling.
Planning: The Court of Appeal on certificates of lawfulness
In a case involving a basement development next to the French Embassy, the Court of Appeal has clarified the law relating to certificates of lawfulness of proposed use or development, write Tom Cosgrove QC
and Robert Williams
Procurement: Managing public procurement claims in the TCC
HM Courts & Tribunals Service is due to issue guidance for lawyers bringing complex public procurement claims to the Technology and Construction Court (TCC). As we await publication of the updated TCC Guide, Will Thomas
and Peter Ware
look at what the new protocol on public procurement cases will mean in practice.
Procurement: Approaches to the experience of tenderers
and Tim Care
provide an overview of a recent Court of Justice of the European Union decision that offers useful guidance to contracting authorities on the approach which can be taken to tenderers' experience both when creating a procurement specification and when seeking to clarify documents provided by a tenderer.
Procurement: Procurement and information security
and Tim Care
provide an overview of the importance of "information security" (which includes but is not limited to cyber security) in the context of public procurement practices.
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.
Projects: The pitfalls of contractual joint ventures
looks at some of the opportunities and pitfalls of joint ventures.
Property: The significance of heritage assets
The Planning Court has considered the correct interpretation of a paragraph of the National Planning Policy Framework on heritage assets for the first time – and has rejected the "literal meaning" of the Framework, writes Emma Dring
Property: Relevant defects: functionality is not the test
The Court of Appeal recently considered whether the freeholders of a building were potentially liable under section 4 of the Defective Premises Act 1972 for injuries sustained by a man who fell down its stairs. Matthew Hyam
and Simon Jones
examine the outcome.
Property: The High Court clarifies the meaning of residential curtilage
The Planning Court has recently considered again the meaning of "residential curtilage". Estelle Dehon
and Ashley Bowes
Property: Service charges: estimates, service and waivers
A London borough has successfully appealed a First Tier Tribunal ruling on service charges. Richard Alford
Property: Service charges, double recovery and third-party funding
analyses a singular service charge case about double recovery and third-party funding and warns of increased uncertainty following a Court of Appeal ruling.
Regulatory: Eradicating hazards
The Court of Appeal has considered who should be served with improvement notices and what should be contained in them. Michael Paget
examines its guidance.
Regulatory: Confiscation orders and S.10A POCA
examines the role of section 10A of the Proceeds of Crime Act 2002 in the enforcement of confiscation orders – a useful tool for local authorities to get it right first time.
Regulatory: Enforcement of confiscation orders
sets out some key considerations when it comes to ensuring confiscation orders are enforced.
Transport & Highways: The Bus Services Act 2017
looks at major changes in the bus industry following the introduction of new legislation, and considers the opportunities they bring for local authorities.