Local Government Lawyer
Mutuals Clarity Guide by Browne Jacobson

NEWS HEADLINES


ProjectsKent County Council to pursue joint venture and ABS for legal services Authority will seek commercial partner to provide capital injection and other resources. Staff at Kent Legal Services would transfer to ABS

DCLG consults on making it easier to set up town and parish councils Proposals to reduce restrictions in relation to community governance reviews

Dept of Health suggests action to take following Supreme Court DoL ruling Letter to health and social care bodies sets out revised test and need to review care and treatment plans

Lap-dancing clubs lose battle over refusal of sexual entertainment venue licence But further judicial review in the offing as battle rumbles on over policy of cutting number of permitted venues from six to four


Council changes policy on support to destitute families after court order Legal challenge over support given by London borough under Part 3 of the Children Act

New procurement directives published in Official Journal Directives will come into force this month with UK expected to implement rules shortly

London borough to use s. 106 agreements to tackle 'buy-to-leave' homes Proposals for a financial contribution where new dwellings are left unoccupied

DCLG sets out approach to power to direct compliance with Publicity Code Pickles to decide "as soon as possible" whether to exercise new power in force from 30 March

Developer agrees £2m costs settlement after failed procurement claim Council says it is satisfied, based on legal advice, that it was a good deal for taxpayers

Campaigners net hearing over planning permission for QPR training ground Oral hearing over granting of permission and award of 200-year lease to take place in June


News and features continue below...
APPLY TODAY:  There are a range of excellent jobs on LGL this week: To see all roles on LGL, click here. There are some great locum roles across all practice areas, including: Senior Solicitor - Deputy Monitoring Officer, Senior Contracts Lawyer, Civil Litigation Lawyer, Commercial Property Lawyer, Planning Lawyer, Prosecutions Locum and Contracts & Procurement Solicitor.
 
Deprivations of Liberty: The key to the 'Gilded Cage' This LGL TV course looks at whether the Supreme Court's decision in Cheshire West  means that there is now a single 'acid test' for Deprivations of Liberty and assesses its ingoing implications.

MORE NEWS STORIES....

Cases of alleged electoral malpractice fell in 2013, says watchdog Three convictions in cases prosecuted so far. Total of 31 cases remain under investigation

Ombudsmen forge closer ties amid calls for single organisation
LGO and PSHO represented on each other's boards


LGO attacks council over education of teenager with severe disabilities Officers failed to follow proper procedure

Campaigners rule out further appeal over redevelopment of football ground Group insists that High Court judgment was flawed but cannot raise funds to take case to Court of Appeal

Minister unveils £410m transformation fund plus challenge panel

Universities consortium puts £4.8m to £52m in legal work out to tender

LGA concern at national relaxation of licensing hours during World Cup

Responsibility for Cafcass transfers from DfE to Ministry of Justice


Law firm launches social housing litigation boutique with senior hires

See all of our most recent news stories


CALLING ALL JUNIOR LAWYERS: Sam McGinty and Gurbinder Sangha, Junior Professionals reps of Lawyers in Local Government, want to hear from junior lawyers and others about their experiences in the sector. Find out more here.

DON'T MISS: The Planning and Environmental Bar Association's National Conference 2014 on May 16. Get £50 off with Local Government Lawyer.

MBL Seminars' courses include An introduction to the Court of Protection and Conducting a Care Case: Drafting, Advocacy & Procedure.

FEATURED SUPPLIER: TRL has a widely respected Incident Investigation and Reconstruction Group.



New articles on Local Government Lawyer

NoonAre local authorities bound by Ombudsman recommendations?
A High Court judge recently ruled that a council's decision to pay a developer only 20% of the £250,000 recommended by the Local Government Ombudsman was lawful. Nicholas Dobson analyses the case.

The Planning Court comes into being
Richard Harwood QC analyses the introduction this week of a Planning Court and outlines the key changes.

Transactional decisions - a European perspective
In a significant ruling for trading standards law and practice, the Court of Justice of the European Union has clarified the meaning of a 'transactional decision' by a consumer. Jonathan Spicer examines the judgment.

The Duty of Candour - and general transparency
The Department of Health has published details of the proposed statutory duty of candour for health and adult social care providers, as well as a new general transparency duty. Corinne Slingo, Tracey Longfield and Belinda Dix examine the key points.

Local authority control of charities - what are the limits?
The ties between a local authority and a charity were the subject of a recent Charity Commission report. Rachel Tonkin looks at the issues raised and the lessons to be learned.

Re B and what followed - the end of the story
Last year the Supreme Court handed down a key ruling on placing a child in an adoptive placement. Hannah Markham reviews recent developments following the case.

Lap dance no more
In two recent decisions the courts have affirmed the wide powers enjoyed by licensing authorities to refuse renewals of licences for lap dancing clubs. Ranjit Bhose QC, Philip Kolvin QC and Josef Cannon review the judgments.

The Better Care Fund - what is in it for housing providers?
What opportunities does the Better Care Fund offer housing providers? David Owens explains.

Retrospective validation, exceptional circumstances and the Whitley principle
The High Court recently upheld approvals for Cardiff's Energy from Waste scheme. Simon Bird QC analyses the case.

Further chinks in the armour of town and village greens
Polly Reynolds analyses the likely impact of a key Supreme Court ruling on rectification of the register of town and village greens.

Social value and public procurement - a legal guide
Gayle Monk reports on a new guide to the Public Services Social Value Act 2012 and the opportunities the legislation provides to authorities.
 


Latest courses on Local Government Law TV

Proceeds of Crime – The Waya Ahead £25.00 In this course Tim Green analyses the impact of the landmark Supreme Court ruling in R v Waya [2012] UKSC 51 on proceeds of crime cases and assess the implications for future applications.
Social Media £25.00 This course addresses how employers should approach the problems created by their employees' use of social media and outlines the policies that employers need to have in place before the event.
The Equality Act - Defences and Compliance £25.00 This course provides an overview of judicial attitudes to challenges to claims made under the Equality Act so far to enable local authorities and other public bodies to assist them to comply with the PSED and to defend claims when they arise.

All courses are CPD-qualifying. Your first course is FREE.

Departmental subscriptions from £495 + VAT for 12 months unlimited access. Click here for details.


The latest blogs...
First NSIP opens and other project news by Angus Walker
This entry reports on the first nationally significant infrastructure project to open for business, amongst other news

Transport Select Committee scrutinises National Networks NPS

Snap judgement: Is the role of monitoring officer worth the risk?

...Yes, it's a key role that is valued by my authority
,,,It's an occupational hazard of the head of legal role
...No, the risks outweigh the rewards and status

Click here to vote now

And some you may have missed....

Adult Social Services: Damages for deprivation of liberty
The Court of Protection team at 39 Essex Street consider what can be learned from two damages settlements for deprivations of liberty.

Children: Migrant children: s. 17 support for members of extended family
The High Court has dealt firmly with three arguments commonly relied upon in requests by NRPF individuals for support and accommodation under the Children Act 1989. Jonathan Auburn and Ben Tankel review the ruling.

Children: European children, BIIR and reporting restriction orders
William Tyler considers recent guidance from the President of the Family Division and issues surrounding reporting restriction orders, European children, BIIR and the Vienna Convention.

Employment: Avoiding increased risk on dismissal procedures
Julian Hoskins analyses a recent Employment Appeal Tribunal ruling on the so-called 'Johnson exclusion zone' and an employer's ability to make amends.

Governance: It's a sin to tell a lie
Jon Baines looks at the data protection issues raised by councils' use of voice risk analysis when benefit claimants are on the telephone.

Housing: Refusing accommodation because of a misunderstanding
The Court of Appeal has upheld an appeal from an applicant who rejected an offer of accommodation while under a misapprehension that only came to light after the refusal. Emily Orme analyses the case.

Licensing: Business Against Crime schemes: second bite
Licensing authorities looking to encourage business crime reduction schemes can take comfort from a High Court ruling, writes Philip Kolvin QC.

Litigation: The Inquiries Act 2005 - fit for purpose?
This month saw the publication of a Lords select committee report on the law and practice relating to public inquiries into matters of public concern and, in particular, the Inquiries Act 2005. Emma Ireton looks at the findings and recommendations.

Planning: Demolition - under permitted development rights or planning permission?
A recent case involving one of the Essex districts sparked questions about the primacy of planning permission against permitted development rights in relation to demolition. Jacqueline Millward and Matthew Fox report.

Planning: Application forms and lawful uses
The High Court recently considered whether a local planning authority had lawfully substituted - under s. 191(4) of the TCPA 1990 - a lawful use of another description for that claimed in the application form. Peter Wadsley considers the case.

Procurement: Procurement breaches and remedies: the BT/NHS Scotland case
Richard Binns looks at the lessons to be learned from communications giant BT's challenge to the award by NHS Scotland of a £110m contract to Capita.

Property: Storeyville: houses in multiple occupation
The High Court has confirmed the scope of the licensing regime for houses in multiple occupation. Suzanne Ornsby QC and George Mackenzie look at the key points.

Regulatory: Confiscation and local authorities: resolving a tension
Following a recent decision in Norwich Crown Court, Andrew Campbell-Tiech QC and Richard Heller consider the problems faced by local authorities in recovering costs in significant confiscation cases.
 

Local Government Law.tv


We are pleased to announce the introduction of an annual corporate subscription that will provide access to a full year of CPD accredited legal training for your lawyers and your client departments
 
 

What is included

  • unlimited access to the full library of webinar content for 12 months
  • the option to purchase DVD copies of the webinar training
  • discounted rates offered to attend LGG training courses
 Who can take the training?
  • lawyers and other professionals within your team, each of whom will be provided with personal login to enable them to earn and keep a record of their individual CPD credit.
  • members of your client departments, such as the child protection team, trading standards officers, planners, procurement professionals or social workers. On purchasing a corporate subscription, a client account login will be provided for use by your client departments to view online content at no extra charge.
What is the cost?
  • the cost relates to the numbers of individual registered users per authority, excluding those who use the client account.  These users will be registered for the full year of the subscription with the option to replace a registered user if somebody leaves the authority during the year of subscription.  Option 1 below
  • a DVD option will supply a DVD for every webinar booked – Option 2 below
  • in addition to option 1 a DVD can be purchased for an individual webinar at an additional £15 + VAT if required.  This can be ordered when booking the webinar
  • for a shared legal service serving more than one authority area, references to the number of registered users are to the combined aggregate number of users from the relevant authorities
  • registered users of a corporate subscription will benefit from discounted offers to attend LGG training events during the 12 months.
 
  Option 1
Online only
Option 2
Online + DVD
Individual subscription £199 (+VAT) £349 (+VAT)
Local authority with up to 10 registered users £495 (+VAT) £945 (+VAT)
Local authority with 10 – 30 registered users £995 (+VAT) £1750 (+VAT)
Local authority with more than 30 registered users £1295 (+VAT) £2295 (+VAT)
Law firms with up to 20 registered users £995 (+VAT) £1750 (+VAT)
Law firms with 20+ registered users £1500 (+VAT) £2495 (+VAT)
 
 
 How to register for a corporate subscription
 
Individual subscriptions can be purchased online at www.localgovernmentlaw.tv.
 
To set up a corporate account please contact Derek Bedlow on 0207 239 4917 or derek.bedlow@localgovernmentlaw.tv giving details of your authority, the number of users you would like to register and if you would like to take the DVD option for all booked webinars.
 
We will then contact you within 24 hours to confirm this subscription has been set up.  The corporate subscription members will then be able to register on the site and instantly access the webinar training.
 
Alternatively, if you would like to pay-as-you-go for webinar training by setting up a corporate pay-as-you-go account for your authority a monthly invoice will be produced and a 10% discount will be applied to all purchases by members of your authority.
 
There is also the option to take a free trial of a webinar (which includes CPD credit).  Register as a user on www.localgovernmentlaw.tv  and add your preferred course to the cart. During the checkout process, enter FREE TRIAL in the box where indicated (don't forget to click 'Submit'), and the cost of your course will be reduced to zero. Complete the process and your course will be instantly available to view and you can watch it as many times as required for 30 days, from any computer or most mobile devices.

Click here to see all courses on Local Government Law.tv (119)

Corporate Lawyer Essex County Council

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Jordan Publishing
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Laird Assessors
We provide an expert witnesses service that is second to none. We have highly qualified, experienced & well trained motor engineers positioned strategically throughout the UK providing accident investigation and supporting services.
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Lextox Drug and Alcohol Testing
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LGG
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Local Government Law TV
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MBL Seminars
With over 80+ years of collective CPD experience we have provided learning and development to over 30,000 lawyers and other professionals to date.
Professor Tony Monk
Professor Tony Monk is an eminent Architectural Expert Witness and is accredited to act in legal disputes covering design, technical and professional defects in the architectural and building industry.
TRL
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Wilkin Chapman Goolden
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