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JOBS OF THE WEEK:
Council secures lifting of suspension on contract award after NHS trust challenge
County council successfully applies to High Court to have lifted automatic suspension of £40m contract triggered by legal challenge by NHS trust
Pickles mulls governance changes at Rotherham as commissioners named
Communities Secretary notes suggestions that move to committee system might make authority more transparent and accountable as Sir Derek Myers appointed lead commissioner
Blow for councils as Home Office rules out locally-set licensing fees for now
Home Office says responses to survey from just 20 of 350 licensing authorities presented "limited and inconsistent picture" of relationship between costs and income. LGA describes decision as "hugely disappointing"
Council gets breach of contract claim from care provider struck out
Dispute over payments made to provider of care and residential accommodation to adults with autistic disorders
Port company wins Supreme Court appeal over beach as village green
Supreme Court concluded that public enjoyed implied licence arising from 1931 byelaws
Local authorities lose Supreme Court over EU structural funds
Narrow majority - 4-3 - finds in favour of Secretary of State for Business, Innovation and Skills over his approach to allocation
Ministers to use powers to stop councils paying lobbyists, warns Pickles
Warning over non-compliance with Code of Recommended Practice on Local Authority Publicity, as Communities Secretary also attacks local enterprise partnerships for hiring public affairs consultancies
Councillors at Northamptonshire back “biggest transformation in 125 years”
Authority to move away from directly delivering services and towards commissioning services from four specialist social enterprises
DCLG floats dispute resolution mechanism for s.106 agreement negotiations
Part of package of measures aimed at speeding up planning system and cutting extended negotiations surrounding s. 106 agreements
Councils agree compensation with Tesco after store development axed
Settlement includes full recovery of costs and retention of land after supermarket giant pulls plug on development of key site
TOP JOBS AT ALL LEVELS: LGSS Law, the shared service founded by Cambridgeshire and Northamptonshire County Councils, is hiring a Principal Lawyer - Litigation (competitive salary).
Other employers recruiting this week include:
INTERIM ROLES: Senior Employment Lawyer, Senior Contracts Lawyer - Team Leader, Procurement and Contracts Lawyer, Generalist Lawyer, Education Lawyer and Adult Social Care Solicitor. To see all roles on LGL, click here.
MORE NEWS STORIES....
Ministers predict rise in spend on SMEs as procurement reforms come into force
Cabinet Office revamps Contracts Finder site ahead of majority of provisions in Public Contracts Regulations 2015 being implemented
Councils in bid for town-wide injunction against unauthorised Traveller sites
High Court to hear application for interim injunction next week
Lincoln councillors back plan for ban on 'legal highs' in city centre
Public Space Protection Order to come into force in April
Rotherham faces judicial review over selective licensing scheme
National Landlords Association criticises decision-making at embattled council, which plans to introduce scheme in four designated areas from 1 May
Greater Manchester to win decision-making powers in health and social care
Combined authority, CCGs and NHS providers working on plan for joining up health and social care in area
Law Society and other bodies seek judicial review of hikes to court fees
Claim that Government does not have power to raise fees for purposes stated in the consultation, 'departmental savings'
Home Office issues guidance for health bodies on Licensing Act functions
Scottish Government to procure legal panels worth £44m over four years
Care companies investigated in crackdown over failure to pay minimum wage
See all of our most recent news stories
EVENTS - BOOK NOW:
New webinars on Local Government Law TV
|Procurement Masterclass - The Tyranny of the "Sausage Machine"
||Michael Bowsher QC provides a personal view of some of the problems that the process-focused approach to public procurement is creating, and suggests some ways that lawyers can help achieve some of the social benefits it was intended to provide.
|The New Governance Landscape
||This presentation looks at how local authority lawyers can accomodate rapidly changing local government structures and delivery models against a legislative backdrop designed for another era.
New articles on Local Government Lawyer
Beaches and village greens: the Supreme Court view
The Supreme Court this week handed down its ruling in the Newhaven Beach village green case. George Laurence QC analyses the judgment.
Open and honest reporting
Olwen Dutton outlines the key themes and practical steps for local government arising from Robert Francis QC's review of how to create an open and honest reporting culture in the NHS.
Assets of Community Value and planning control
Antonia Murillo and Sara Wex look at assets of community value and the Government's latest plans in relation to pubs and permitted development rights.
The Public Contracts Regulations 2015 arrive
With the Public Contracts Regulations 2015 coming into force this week, Ruth Connorton and Hannah Chapelhow provide a reminder of some of the key obligations that this brings and issues procurement professionals should be on top of.
Direct action under s. 178 TCPA
The High Court has dismissed a claim for judicial review of a decision by a local planning authority to take direct action to remove travellers from a site pursuant to s.178 TCPA 1990. David Lintott explains why.
Overtime and annual leave
Allison Cook reviews the key developments in relation to pay when an employee is on annual leave, including the Bear Scotland ruling and prospective Government guidance.
Composite reasons for dismissal
The Employment Appeal Tribunal recently considered the fairness of a dismissal where the employer's reason for dismissal was the cumulative effect of a number of incidents. Simon Lambert considers its ruling.
Administration and monitoring costs in s. 106 obligations
Can authorities claim admininstration and monitoring fees as part of planning obligations? Alex Round reports on a recent High Court ruling.
Departing from a cumulative impact policy
When should a licensing authority depart from its cumulative impact policy and grant a new premises licence? Paddy Whur reports on a recent decision in Cardiff.
When informality is inappropriate
The Court of Protection team at 39 Essex Chambers examine a hard-hitting Ombudsman report into a council's treatment of a man with dementia and his family.
FEATURED SUPPLIER: With 15 years experience, WeatherNet Ltd can provide complete forensic legal weather reports or witness statements for a range of civil and criminal cases.
The latest blogs...
It's the 2015 nsippies by Angus Walker
This entry reports on the 2015 awards for nationally significant infrastructure projects.
World's largest offshore wind farm gets consent
Been away? Features on Local Government Lawyer recently include:
Adult Social Services: You can refuse - consent to sex revisited
The Court of Protection team at 39 Essex Chambers
examine the latest revisiting by a judge of the issue of an individual's capacity to consent to sexual relations.
Children: Child abuse inquiries - a ticking bomb
How might the Goddard Inquiry and other investigations affect councils where it is alleged that children in their area were abused? Ashley Underwood QC
and Bryan McGuire QC
consider the possible impact.
Education: Discrimination – tendency to physical abuse
A three-judge Upper Tribunal panel has considered the exclusion of a tendency to physical abuse from the definition of disability under the Equality Act 2010. Rachel Kamm
analyses the ruling.
Employment: TUPE: Effect of post TUPE appeal against dismissal
The Employment Appeal Tribunal recently considered who should hear an employee's appeal against dismissal when the dismissal occurred immediately prior to a TUPE transfer. Simon Lambert
Governance: Down the Rabbit Hole
considers a recent ruling regarding the late reliance by authorities on exemptions under the Freedom of Information Act.
Governance: A bad day in court
A local authority recently sought to appeal an information notice issued by the Information Commissioner. Jon Baines
looks at the outcome.
Housing: ASB and family members
The Court of Appeal has handed down an important ruling in relation to possession orders against tenants due to anti-social behaviour caused by a family member. Karl Anders reports.
Licensing: Strengthening social responsibility within the gambling sector
and James Duckworth
look at the key changes proposed by the Gambling Commission to the social responsibility provisions in the licence conditions and codes of practice.
Litigation: Costs warning
Litigation between a local authority and its former head of property shows that unreasonable incurred costs can impact the overall budget for a case. Victoria Sugden
Planning: Changes to the use of planning obligations
examines a recent update to the National Planning Practice Guidance detailing when infrastructure contributions should not be sought from developers, and considers the Vacant Building Credit initiative.
Planning: Curing errors in the environmental assessment process
The Court of Appeal has upheld a council’s adopted core strategy, in the first local plan challenge to reach the Court. Paul Shadarevian
and Emma Dring
analyse the ruling.
Procurement: Material variations, internal awards and procurement
The latest procurement-relating ruling from the High Court has provided important clarification on material variation and internal public authority awards, writes Richard Binns
Property: User ‘as of right’ when the definitive map and statement is wrong
reports on a High Court public rights of way case with interest to lawyers also dealing with easements and village greens.
Property: Enforced sale guide
outlines the main steps local authorities should take if they need to enforce the sale of private property and answers some common questions that arise.
Regulatory: Risk and recyclables
and Gayle Monk
assess the implications of the Environment Agency's recent announcements on the “risk-based regime” to the separate collection of recyclables.
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