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NEWS HEADLINES

Opposition members start judicial review proceedings over bid to merge councils

Opposition councillors say they are to apply to judicially review proposal to merge two Somerset councils

Council wins appeal over compensation to claimant injured in public park
Court of Appeal allows appeal by local authority after High Court judge ordered that it should pay compensation to claimant seriously injured in public park

Watchdog warns council on “anti-competitive” taxi policy
Competition and Markets Authority tells city council that parts of its new private hire operator and vehicle policy may be anti-completive

Police threaten legal action over lack of mental health provision
Force threatens legal action against its local NHS Trust over what it says is failure to provide places for mentally ill people, who must be kept in police cells as a result
MUST-READ FOR ADULT CARE LAWYERS: Private deprivations of liberty
This LexisPSL Local Government article produced in partnership with Tim Spencer-Lane considers the concept of 'private' deprivations of liberty for the purposes of Article 5 of the European Convention on Human Rights, involving people who lack the material decision-making capacity.
Cabinet at Royal Borough to consider backing Heathrow judicial review
Cabinet at Windsor & Maidenhead to consider whether to support potential judicial review challenge should Government back plans for expansion of Heathrow Airport

Developers win High Court battle over neighbourhood plan
High Court judge quashes district council’s decision to make neighbourhood plan

Trading standards body in court threat over cuts and statutory duties
Chartered Trading Standards Institute warns councils to “think carefully about their statutory duties when making cuts - or risk being hauled before the courts”

Distinct legal system for Wales "inevitable", says Counsel General
Iincreasing volume of Welsh-only laws mean that creation of distinct legal jurisdiction for Wales is inevitable, Mick Antoniw claims
DON'T MISS OUT: Apply now at Public Law Jobs: TOP INTERIM JOBS ACROSS THE COUNTRY: Commercial Contracts & Procurement Lawyer (East Midlands, Commercial Property Lawyer (London), Planning & Highways Lawyer (East Anglia), Childcare Lawyer (Manchester), Senior Adults Lawyer (London), Locum Education Solicitor (East Midlands), Locum Contracts Lawyer (Wales), Contracts and Property Lawyer (South-west).

MARKETPLACE Kennedy Cater

Attorney General to procure £2m C Panel of juniors in London
Bevan Brittan hires Caton as health partner in London
Doncaster's Miller elected as new president of Solace
Firm advises housing association on £75m loan from Japanese bank

MORE NEWS STORIES....

Judge issues warning on late service and litigants in person
Family Division judge warns against unfairness to litigants in person caused by late service of documents

Developer to challenge planning permission for Stadium for Cornwall
Property developer to challenge Cornwall Council’s grant of planning permission for major scheme in Truro that includes proposed £10m Stadium for Cornwall

More than 150 councils to join next phase of One Public Estate programme
One Public Estate programme due to be joined by 159 councils in its next phase, Cabinet Office and Local Government Association say

Legal Aid Agency hit with pre-action letter over ‘embarrassment clause’
Public Law Project sends pre-action letter to Legal Aid Agency, setting out concerns about new 'embarrassment clause' in one of its contracts
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London borough secures High Court injunction to block car-cruising
Croydon becomes latest local authority to secure High Court injunction to prevent car-cruising

Crowd-funded campaign wins JR hearing over hazardous waste site
Local environmental campaigners gain permission for judicial review of Secretary of State's decision to allow expansion of hazardous waste site in Lancashire

Council fined £40k after employee injured falling from ladder
Yorkshire council fined £40,000 after employee was injured when he fell from ladder

District council to become third party reporting centre for hate crime
North Hertfordshire tp become third party reporting centre for hate crime at its customer service centre so that complainants need not go to police station.

See all of our most recent news stories
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Analysis on Local Government Lawyer

Adoption and family placements
The Court of Appeal recently considered the approach to be taken in determining a child's long-term welfare once the child has become fully settled in a prospective adoptive home and, late in the day, a viable family placement is identified. Laura Briggs reports.

Move over PQQ, here is the SQ!
The Government has issued a selection questionnaire to replace the current pre-qualification questionnaire. Jenny Beresford-Jones sets out the key points for procurement practictioners

If in doubt, strip it out
Anna Ralston examines the vexed question of "vacant possession" and analyses the lessons from a recent High Court case.

Boundaries of the 'soft touch' approach
A High Court judge has handed down a significant decision marking the boundaries to the 'soft touch' approach adopted to the scrutiny of neighbourhood plans. Mark Lowe QC, Rob Williams and David Lintott report.
 
Dransfield revisited
Does the presence of public interest act as a barrier to a refusal of a request for information based on vexatiousness? Robin Hopkins reports on a ruling that should be welcomed by public bodies.
 
Changes to the rules on civil appeals
Ben Zurawel reviews recent amendments to the rules governing civil appeals.



BLOGS

LateAngus Walkerst DCO decision before four-month hiatus: by Angus Walker
The Governmenthas approved the most recent nationally significant infrastructure project (NSIP) – an electrical connection to the already-consented Brechfa Forest wind farm.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:

Adult Social Services: Bulk applications for deputyship remuneration
The Court of Protection recently considered a not-for-profit organisation's 'bulk application' in relation to deputyship remuneration. Bethan Harris looks at the judgment.

Adult Social Services: Deprivation of liberty, dogs and a deputy’s dereliction of duty
A district judge recently criticised the approach taken by a deputy in a deprivation of liberty case and replaced them with a panel deputy. The Court of Protection team at 39 Essex Chambers examine the ruling.

Adult Social Services: Pilot schemes in the Court of Protection
Vivienne Sedgley and Lee Parkhill summarise the key points for two pilot schemes commencing in the Court of Protection next month.

Adult Social Services: Accommodation under the Care Act and the General Power of Competence
A High Court judge recently considered issues around the Care Act and the General Power of Competence. David Owens, Judith Barnes and Trevor Watt question the ruling.

Children: Children giving evidence
Are more children about to give evidence in care proceedings? Jason Hadden reports on a recent Court of Appeal ruling.

Children: Crisis in infinite courts
The President of the Family Division, Sir James Munby, this week warned of a "clear and imminent crisis" as a result of the rise in care cases. Andrew Pack, who blogs at Suesspicious Minds, looks at what the judge had to day.

Children: A question of bias: from the children's guardian?
Jason Hadden looks at the lessons from a recent High Court case involving an allegation of bias against a children's guardian.

Children: Children, consent and deprivation of liberty
This LexisPSL Local Government article, produced in partnership with Tim Spencer-Lane considers recent court decisions on whether a parent can consent to the confinement of their child which, absent a valid consent, would amount to a deprivation of liberty.

Children: How to draft a local authority threshold document in care proceedings
LexisPSL Local Government in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council, explains how to draft a local authority threshold document in care proceedings.

Community Safety: Busy Bodies charter or effective tool?
Bans on hats, lying down in public, car cruisers and skateboarders...what next for Public Space Protection Orders? Kuljit Bhogal reports.

Education: Tackling illegal schools
Councils have been calling for greater powers to tackle illegal schools. Tom Tabori examines some of the issues raised.

Education: Schools, sport and the duty of care
A recent Northern Ireland case provided guidance on, and a useful review of the case law in England and Wales relating to, the duty of care owed by a school to its pupils when participating in sport, write Bruce Ralston and Richard Rowe.

Education: Checks on academy governors
Katie Michelon sets out the safeguarding checks that academies are required to carry out on their governors.


Employment: Unfair dismissal: extension of time
Harmajinder Hayre examines a case involving a school which looked at the issue of time limits on Tribunal claims.

Employment: Mind the TUPE gap
Graham Richardson considers a recent case where the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) was found not to apply on termination of a Council contract, despite the service continuing with a new provider.

Employment: Voluntary overtime and holiday pay
Should voluntary overtime be taken into account when calculating holiday pay? Nick Murrell reports on a recent Employment Tribunal case.

Governance: Decisions under challenge
When it comes to judicial review, which decision is the one you are being challenged upon or should challenge? Nathan Holden examines the issue.

Governance: Governance lessons from Rotherham and Tower Hamlets
Paul Feild looks at the lessons from the imposition of commissioners at Rotherham and Tower Hamlets Councils and a recent review by the Communities and Local Government Committee of the Government's actions.

Healthcare: No longer the end of the road
The High Court has issued a key ruling on challenging factual accuracy comments in the Care Quality Commission's regulatory process. Jonny Landau and Andrew Parsons analyse the outcome.

Healthcare: Serious untoward incidents
Simon Cheverst considers some of the lessons that can be learned from the Southern Health case.

Housing: Council housing companies – another new build model
With councils beginning to build homes again, Ian Doolittle examines the legal issues arising out of the use of local housing companies.

Housing: Vulnerability, 'significantly' and equality duties
Giles Peaker examines the latest appeal in which a court was asked to grapple with the impact upon reviewing officers' decisions of section 149 of the Equality Act 2010, as explained in the Supreme Court’s decision in Hotak.

Information Law: Understanding FOIL compliance monitoring
The Information Commissioner’s Office recently announced that Trafford Council will be monitored over the timeliness of its responses to freedom of information requests. Jeremy Isaacson, in discussion with LexisPSL Public Law, considers the background to this announcement and the various issues surrounding monitoring.

Information Law: GDPR means GDPR
What do the Prime Minister's announcements on the triggering of Article 50 and a proposed Great Repeal Bill mean for implementation of the the General Data Protection Regulation (GDPR)? Ibrahim Hasan explains.

Licensing: Problems at licensed premises
Paddy Whur looks at a case where a responsible operator stopped the need for a review of his premises licence.

Licensing: Are minor variations working?
Andy Woods looks at the process for varying a premises licence by way of a minor variation.

Litigation: Judicial review: key developments
The LexisPSL Public Law team provides a summary of key developments in judicial review and sets out some important dates for practitioners’ diaries.

Litigation: Litigants in Person and costs budgeting
Can litigants in person ‘escape’ the rules relating to costs budgeting in all claims? To what extent does the costs management regime under CPR 3.12 to 3.18 apply to the costs of a litigant in person? Ruwena Khan examines a recent ruling.

Litigation: More than one way to skin a cat
A finding of fundamental dishonesty is not the only way to have Qualified One-Way Costs-Shifting (QOCS) dis-applied. Chris Booth looks at the lessons from a recent case.

Litigation: Proof of fraud and unravelling settlements
The Supreme Court has ruled that proof of fraud previously suspected can unravel the finality of a settlement. David Williams, Andrew Parker and Catherine Burt analyse the judgment.

Litigation: Costs in abuse claims
Abuse cases need to be dealt with sensitively and compassionately but both parties still need to ensure that costs are proportionate. Laura Broadhead reports on a recent ruling.


Planning: Improving the use of planning conditions?
The Government’s proposed reforms to the use of planning conditions do not go far enough, writes Georgina Reeves.

Planning: A cautionary note on reasons
The Court of Appeal has handed down a significant decision on the standard of reasons required when granting planning permission. Caroline Daly explains the ruling.

Planning: Is the force of localism still with us?
The Localism Bill was heralded as introducing “A new era of people power” in 2010. Since then, talk of the Big Society has been eclipsed, but neighbourhood plans have been bigger news than anyone expected. Sue Chadwick highlights some current issues and makes a few predictions for the future.

Planning: Housing land supply
The Communities Secretary has, belatedly, revealed the Government's thinking on a number of crucial housing land supply controversies. Josef Cannon reports.

Planning: Residual cumulative impacts of development
The High Court recently rejected a challenge to refusal of planning permission for 650 homes in Cheltenham. The ruling is important on the issue of residual cumulative impacts of development, writes Ashley Bowes.

Planning: Section 106 disagreements
Simon Ricketts looks at some of the difficult issues relating to section 106 agreements for major developments and how improvements could be made.

Procurement: Dispute settlement and new tender procedures
LexisPSL Public Law analyses a ruling that the Public Sector Directive required a new tendering procedure to be carried out where the parties had made changes to the scope of a public contract, even though they were made pursuant to a settlement aimed at resolving difficulties that had arisen during performance of a complex project.

Procurement: Development agreements, best consideration and procurement
The High Court has dismissed best consideration and procurement claims against a local authority development agreement. Deborah Ramshaw explains why.

Procurement: Shield and sword
Melanie Pears and Tim Care deliver a reminder of what the standstill period entails and provide guidance for contracting authorities on how to avoid the trap of this potential procurement pitfall.

Procurement: Explain yourself!
A judge has issued a warning to contracting authorities who might be tempted to minimise the amount of paperwork they keep particularly where they fear that a high profile procurement exercise might be challenged. Helen Prandy reports.

Procurement: Voluntary transparency notices
Is a voluntary transparency notice published in the OJEU? How in practice is this distinguished from the OJEU notices that are published in advance of a procurement process? The LexisPSL Public Law team report.

Procurement: Reservation of public contracts
What is the interrelationship between regulations 20 and 77 of the Public Contract Regulations 2015? The LexisPSL Public Law team analyse the reservation of public contracts.

Projects: Regeneration X: Failed CPOs
The Communities Secretary earlier this month refused to confirm a compulsory purchase order for a key regeneration scheme in London, prompting Southwark Council to announce a judicial review challenge. Simon Ricketts analyses the minister's decision.

Property: Construction of service charge provisions
The Upper Tribunal recently had to determine whether a tenant was liable to pay service charges despite the tenancy being silent as to what services were to be provided by the housing association under the agreement. Katie Gray reports on the outcome.

Property: Rights to light and injunctions
The Court of Appeal has imposed an injunction against a developer in a right to lights case. Jennifer Chappell reports.

Property: Public houses and the ACV regime again
A fresh batch of Assets of Community Value (ACV) appeal decisions has been released and inevitably most concern public houses. Christopher Cant analyses the rulings.

Property: Sub-tenants and section 20 consultation
Steven Eccles and Mark Robertson consider new law on dealing with sub-tenants when undertaking Section 20 consultation.

Regulatory: End of the pier?
Donna Makin and Nicholas Mallen analyse a Supreme Court decision which meant a local authority had to pay a significant amount of compensation over a decision to close a pier.
Name   Description
Governance changes introduced by the Localism Act 2011 This webinar looks at key elements of the Localism Act 2011 as they affect and reform the governance of local authorities, including the General Power of Competence, Standards, community empowerment, elected mayors and assets of community value.
Delegation of Functions What problems can local authorities encounter with their schemes of delegation? And what to do if things go wrong? Matt Hutchings looks at the case law.
Governance for Local Authorities This webinar provides an overview of the governance structures of local authorities, their legal underpinnings and the way that they function in practice.
Brexit, Social Care and Housing This presentation looks at how the status of EEA nationals in the UK will be affected by the relationship the UK finally chooses with the bloc and how this will affect their entitlements to support and housing and the obligations owed by local authorities
How will Brexit affect domestic planning and environmental law? This webinar assesses how planning and environmental law and related areas may be affected by the UK’s exit from the European Union.
How will Brexit affect public procurement and state aid? This presentation looks at the possible effects on Procurement and State Aid law of the UK’s decision to leave the European Union, before, after and during the process of withdrawal.
Local Government Law Update 2016 Recorded in April 2016, leading barrister Richard Clayton QC outlines and analyses the key local government cases of the preceding 12 months across a range of disciplines. Includes a comprehensive downloadable paper.
CIL and Planning Obligations This presentation considers the past, present and future of the Community Infrastructure Levy in the light of forthcoming reforms to the regime.
Bringing Forward Development Will forthcoming changes to the NPPF, permitted development rights and the Housing and Development bill shift power towards or away from Local Planning Authorities?
Old and New Means of Development This course looks at the various measures being introduced by the Housing and Planning Bill to make development happen beyond the conventional planning permission system.
The LLG Competency Framework To assist local authority solicitors to comply with the new CPD regime, the Lawyers in Local Government group has produced a new competency framework. Helen McGrath, Development Officer for LLG, outlines the main features of the framework and explains how
Neighbourhood Planning: A Legal Perspective John Pugh-Smith and Daniel Stedman Jones look at how lawyers can square the circle of greater localism in the planning system and the need for more housing and infrastructure development.
Housing and Local Plans Peter Village QC and Rose Grogan analyse the key features of the Housing and Planning Bill and outline some of the problems and pitfalls created by Local Plans as identified by recent case law.
Human Rights, the Equality Act and Social Housing This course looks at the arguments faced by public authorities and social landlords when faced with claims based on the Equality Act 2010 or the Human Rights Act 1998 and outlines some of the defences and tactics available to defend them.
Social Housing Eligibility Update 2015 This course looks at which groups of people subject to immigration control are and are not eligible for social housing in the light of changes to welfare and immigration rules and recent case law.
Possession Claims Update 2015 This presentation provides an update on new housing legislation, regulation and case law before going on to look at the issues faced by social landlords as the first flexible tenancies granted under the Localism Act 2011 begin to expire.
Local Government Law Update 2015 Recorded in April 2015, leading barrister Richard Clayton QC outlines and analyses the key local government cases of the preceding 12 months across a range of disciplines. Includes a comprehensive downloadable paper.
The Commercial Council Michael Mousdale and Bradley Martin provide a practical and legal guide for council officers and lawyers looking to establish local authority trading companies.
Information Law Update 2015 Steve Wood, Head of Policy Delivery at Information Commissioner’s Office, outlines and discusses the implications of some of the key developments surrounding Freedom of Information, the Data Protection Act and the Environmental Information Regulations.
FOI and Data Protection Update 2016 This presentation reviews the main changes in the past 12 months in the fields of Freedom of Information and Data Protection, with an extended look at Monetary Penalty Notices and an overview of the latest developments in relation to property search charg


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