Central Bedfordshire names LGSS Law as preferred bidder for shared service
Central Bedfordshire Executive names social enterprise law firm LGSS Law as its preferred bidder for establishment of shared legal service
Council issues warning over bogus callers claiming to be from its legal team
Local authority issues warning to residents about bogus callers claiming to be from its legal and accident investigation team
Barristers with public law practices strongly represented in 2016 silk round
Barristers who act in cases affecting public bodies are well represented among 107 new Queen’s Counsel announced in this year’s silk round
Court of Appeal hears key cases on "policies for the supply of housing"
Appeal judges this week hear joined appeals on the meaning and scope of paragraph 49 of National Planning Policy Framework
Planning Court sees big fall in time taken to get to substantive hearing
Establishment of Planning Court leads to dramatic reduction in time from lodging to substantive hearing, it emerges
Court orders owner to comply with s. 215 notice and repaint striped home
Property owner who put red and white stripes on her mews house in London ordered to comply with section 215 notice issued by her local authority and repaint her home
Councils call for online judicial approval of access to communications data
Councils should be able to apply for and be granted magistrates’ approval electronically for access to communications data, LGA and trading standards organisations say
Shami Chakrabarti to leave Liberty after 12 years
CCS to procure £12m eDisclosure services for public bodies
Councils seek provider of legal recovery and insolvency services
Fire and rescue bodies look to appoint legal services providers
Musical chairs as NW housing group re-procures legal panels
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MORE NEWS STORIES....
City council claims scrap metal prosecution first
Salford City Council claims to have become the first local authority to bring successful prosecution under Scrap Metal Dealers Act 2013
Number of care applications made to Cafcass continues to break records
Cafcass has been receiving record number of care applications in recent months, it emerges
Borough launches legal action over eight-month tube station closure
Islington to bring judicial review challenge over Transport for London’s decision to close tube station in borough for eight months to fix lifts
Bid to take case on duties to children in eviction cases to Supreme Court
Application made to Supreme Court for permission to appeal Court of Appeal ruling concerning extent of local authorities’ duties under section 11 of the Children Act 2004 in eviction cases
Competition watchdog to investigate operation of legal services market
Competition and Markets Authority to hold market study that it says will examine “long-standing concerns about the affordability of legal services and standards of service”
Interim review of civil courts proposes online court for claims up to £25,000
"Clear and pressing need" to create online court for claims up to £25,000, senior judge says in his interim review of the civil courts structure in England and Wales.
LCJ concern over litigants in person, outdated IT and unsatisfactory funding
There has been a considerable increase in litigants in person for whom the current court system in England and Wales is not really designed, Lord Chief Justice warns
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New articles on Local Government Lawyer
Unauthorised absence from school
What happens if a parent refuses to pay a penalty notice for their children's unauthorised absence from school? The LexisPSL Local Government team sets out the key points.
Public law defences and sales of land
Amanda Eilledge explores the availability of public law defences and promissory estoppel in the context of a contract for the sale of land.
What is a tree?
A recent Court of Appeal case concerned a tree replacement notice issued by a local planning authority. Martin Goodall examines the outcome.
New Year, new employment law
January 2016 heralds a number of important employment law changes, writes Louise Singh.
So that was 2015
Alex Ruck Keene provides a mini-review of developments in relation to mental capacity.
Best interests analyses and capacity assessments
Mr Justice Mostyn has reminded fellow judges that, when dealing with a patient whose treatment decisions will be handled under the Mental Capacity Act 2005, the wishes and feelings of that patient should be confined to the best interests analysis. Richard Jolly, Tony Yeaman and Beth Buchanan report.
Automatic suspension hearings
Has the bar been raised slightly higher for challengers to maintain an automatic suspension? Chris Jackson and Richard Binns report.
Tales from the tavern
The owner of a tavern lost a challenge against a planning inspector's approval for a block of flats neighbouring her premises which it was claimed might put her out of business. John Gaunt explains why.
Early neutral evaluation
Changes to civil procedure rules mean greater use could be made of Early Neutral Evaluation, writes Marie-Claire O'Hara.
The latest blogs...
Consultation on National Infrastructure Commission M.O. launched by Angus Walker
Yesterday the government launched a consultation on the governance, objectives and general modus operandi of the National Infrastructure Commission.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: Findings of fact and welfare arrangements
The President of the Court of Protection has declared that a fellow COP judge had not erred in failing to make findings of fact in relation to the events which triggered the proceedings of a 30-year-old woman lacking mental capacity. Morris Hill
and Ken Slade
examine the ruling.
Adult Social Services: Capacity, marriage and consent
A Family Division judge was recently asked to consider whether to make a declaration of non-recognition of a marriage in Pakistan, after he concluded that the husband lacked capacity to marry and consent to sexual relations. The Court of Protection team at 39 Essex Chambers
look at the outcome.
Adult Social Services: The Care Act 2014 – six months on
Has the Care Act 2014 been successful since it came into force? Carolyn Hunnisett
talks to LexisNexis
about the positives and the negatives of a landmark piece of legislation.
Children: Section 20: Conscious uncoupling
looks at the President of the Family Division's important comments on local authorities' use of section 20 of the Children Act.
Children: Problems with a fact-finding hearing
The Court of Protection team at 39 Essex Chambers
look at the lessons from a Court of Appeal ruling that a judge’s fact-finding exercise was fatally flawed.
Children: Immigration age assessments and Merton
The Court of Appeal has recently considered issues raised by immigration age assessments and the Merton
guidance. Matt Donmall
Children: Looked after children and deprivations of liberty
A judge has recently ruled that a local authority cannot consent to the deprivation of liberty for a Looked After Child, writes Harjinder Sandhu
of Coventry City Council.
Children: Expect the unexpected
Kent County Council recently obtained a High Court order requiring the return of a 13-year-old girl who had been taken to Sudan and was feared to be at risk of female genital mutilation. Graeme Bentley
of Kent Legal Services explains what the court proceedings involved.
Education: SEN funding comparison costs
and Ken Slade
analyse a recent Upper Tribunal decision intended to bring clarity to SEN funding comparison costs cases.
Education: Religious education and state impartiality
A High Court judge has issued a significant ruling on the law governing the teaching of, and curriculum-setting for, religious education in schools and academies. Paul Greatorex
analyses the judgment.
The High Court has found that a council breached the substantive legitimate expecation of a 21-year old man who was statemented and to whom it provided support. Tom Cross
looks at the reasons why.
Employment: The Court of Appeal on disability discrimination law
Disability discrimination law has been clarified by a significant Court of Appeal ruling, but it remains complex when applied to ill-health absence, writes Phil Allen
Employment: TUPE transfers and change in identity of employer
The Employment Appeal Tribunal has recently considered TUPE transfers in the context of joint employment and multiple transferee/transferor cases. Peter Edwards
, Ron Simms
and Raj Basi
Governance: 15 years of the Human Rights Act
Has the Human Rights Act 1998 been successful? With the legislation turning 15, Stephen Grosz QC
talks to LexisNexis
about the past, present and future.
Governance: The Modern Slavery Act 2015
and Peter Wake
consider what the Modern Slavery Act 2015 will mean for the public sector.
Healthcare: Conditional discharge and DoL
An Upper Tribunal judge has handed down a key ruling on conditional discharges and deprivations of liberty that has wider implications. The Court of Protection team at 39 Essex Chambers report.
Healthcare: Producing reports for children proceedings: a practical guide
Jane Bennett outlines some of the areas of focus for healthcare professionals asked to prepare a report for children proceedings.
Housing: A chink in the armour
A High Court judge has ruled that the Government's benefits cap unlawfully discriminated against disabled people by failing to exempt their carers. Alexander Campbell
reports on the judgment.
Housing: Homelessness roundup
rounds up of some of the most important Court of Appeal rulings this year in the homelessness field.
Housing: The HCA on consumer complaints
The Homes and Communities Agency has outlined its approach to dealing with consumer complaints. Daniel Milnes
Information Law: The New EU Data Protection Regulation
The introduction of a new EU Data Protection Regulation has moved a significant step closer. Ibrahim Hasan
highlights the key points.
Information Law: In theory - local authority data retention
What are a local authority’s data retention obligations? John Atkinson talks to LexisNexis about at the practical steps councils should consider taking to ensure they do not fall foul of their legal obligations with regards to data retention schedules.
Licensing: Exempt lotteries and deregulation
The long-awaited relaxation of rules on exempt lotteries has finally been announced, writes Anna Mathias
Licensing: Shadow licences – a cause for concern or not?
considers the law on so-called “shadow licences” under the Licensing Act 2003.
Licensing: The impact of cumulative impact
Philip Kolvin QC
reports on two recent licensing cases concerning the application of cumulative impact policies.
Licensing: Gambling licensing and risk prevention
The Gambling Commission has published the 5th Edition of the Guidance to Licensing Authorities. Stephen McGowan
looks at what is new.
Licensing: Costs awards in licensing appeals
A group of residents in Mayfair were recently ordered to pay the licensing appeal costs of another group of residents. Gary Grant
Litigation: When experts go wrong
and Michael Fallow
report on a sorry tale from the Technology and Construction Court about when being an expert goes horribly wrong.
Litigation: Part 36 offers
The High Court has issued what is thought to be the first ruling on whether a Part 36 offer was a genuine attempt to settle. Andrew Cousins
reviews the outcome of an age assessment case involving a local authority.
Litigation: Vulnerable parties, witnesses and children in the family courts
With a consultation on new rules having just closed, Amanda Johnson and Kate Tompkins provide a useful reminder of the factors to be taken into account when approaching the multiple problems arising from cases involving vulnerable witnesses.
Litigation: A respondent's right to a fair committal application
Toby Huggins sets out some of the key provisions to be borne in mind if committal applications are to succeed.
Management: Shared services: key issues
LexisPSL Local Government, Peter Ware and Angelica Hymers consider the statutory powers available to local authorities to provide shared services, the risks associated with exercise of those powers, and how delivery of shared services can be achieved.
Planning: The Housing and Planning Bill: consents with benefits?
considers how the Government’s proposed duty to list financial benefits associated with planning may create trip wires for development.
Planning: Trump’s tilt at windmills
James Findlay QC
analyses the Supreme Court's ruling in Donald Trump's challenge to an offshore windfarm and in particular highlights Lord Carnwath's significant comments on implied conditions In planning permissions.
Planning: Permission in principle: one step removed from prior approval and permitted development?
and Lee Ward
consider the implications of the Government's proposed introduction of 'permission in principle'.
Planning: Section 106 and switching planning permissions
The Court of Appeal has recently considered whether a developer could switch between two different planning permissions, so as to avoid planning obligations imposed by one of those permissions. John Hunter
analyses the ruling.
Procurement: Ineffectiveness declarations
analyses a Scottish case where an ineffectiveness declaration has been made which, to her knowledge, is the first of its kind.
Procurement: More on 'living wages' in public contracts
The European Court of Justice (CJEU) has recently ruled on the extent that public authorities can require contractors and their sub-contractors to comply with regional legislation imposing a 'living wage'. David Hansom
Procurement: Being upfront
When it comes to publishing the ‘procurement documents’ electronically, what do contracting authorities need to publish and when? Jenny Beresford-Jones looks at a new steer given by the Crown Commercial Service.
Projects: State aid - beware compound interest!
A recent case from the European Court of Justice (CJEU) serves as a useful reminder of the risks of getting state aid wrong and the consequences of a recovery order, writes Robert Prater
Projects: Comparing project management methodologies
LexisPSL Public Law
and Andy Cooke
of PA Consulting Group compare three project management methodologies – PRINCE2®, PMBOK® and Agile.
Property: Breaking point
The Supreme Court has put an end to the confusion over break clauses, apportionment and implying contractual terms. Martin McKeague
and Emma Porritt
look at the key lessons from the ruling.
Property: Assets of Community Value: the latest rulings
Two new judgments have provided further guidance on the operation of the Assets of Community Value regime, writes Christopher Cant
Property: Parking charges and penalties
A recent Supreme Court ruling is of great significance to all those organisations, including NHS bodies, which run car parks. Virginia Cooper
and Nadia Osborne
Regulatory: High stakes
Significantly higher fines could be imposed for health and safety offences under new guidelines from the Sentencing Council. Helen Devery
looks at the likely impact on local authorities and their employees.
Regulatory: The 'Average Consumer' and reasonable care
The Court of Appeal has recently shed light on what the 'Average Consumer' should do with regard to taking reasonable care. Alan Conroy
looks at the lessons for local authorities when it comes to enforcement.
Transport: TfL and roads in the capital
A High Court judge has ruled on a dispute over the extent of Transport for London’s interests in London’s roads. Charles Banner
reports on the outcome.
|Housing: Key Developments in 2015
||Ranjit Bhose QC, Dean Underwood and Tara O’Leary present an update on key developments in housing law, focusing on recent changes to the right-to-buy regime, judicial alterations to allocations policies and welfare reforms.
|Implementing the Care Act: Legal issues for local authoritie
||This presentation looks at potential consequences of a number of key aspects of Care Act 2014 and outlines how local authorities can avoid or mitigate the potential issues it creates.
|The Importance of Judicial Review
||This presentation draws on legal and empirically based research on the use and effects of judicial review (JR) to consider why and how this process matters to local authorities and whether the process improves the quality of decision-making.
|Achieving Better Ethics Across Public Service Provision
||David Prince CBE, independent member of the Committee on Standards in Public Life, outlines his organisation's proposals for ensuring that outsourced providers of public services are subject to the same ethical standards as public sector organisations.
|Procurement and State Aid Reforms – The Commercial Impact
||This course investigates how the new procurement rules and changes to the state aid regime will practically affect local authorities investors in public service delivery, trade in services or generally act as a catalyst in economic development.