Local Government Lawyer
Mutuals Clarity Guide by Browne Jacobson


ProjectsCourt backs decision to only pay 20% of £250k recommended by LGO Developer took district council to High Court after it decided against providing Ombudsman's suggested remedy in full

Council fails in High Court appeal over house in multiple occupation ruling Authority could face restitution claims after judge upheld ruling that HMO was not subject to mandatory licensing scheme as only two storeys

Staff net payout after council settles dispute over agency worker info Union says more than 150 workers will share "hundreds of thousands of pounds"

Councils lose HIgh Court battle with Mayor of London over affordable rent Group of nine London boroughs challenged Boris Johnson's plan to allow 'affordable' rents in new housing to be set at 80% of the market rate

DfE told to disclose info why it axed Building Schools for the Future Information Commissioner backs council's request for details relating to scrapping of its £125m BSF programme

Supreme Court set to hear latest in series of village green cases Judges to look at - amongst other things - whether incompatibility with statutory functions is bar to registration as TVG

Ombudsman raps council for charging man for care he did not want or use Report says authority failed to adequately consider alternative housing options for disabled man in his mid-60s

Councils told to investigate claims over Jimmy Savile and children's homes Education Secretary orders investigation affecting 21 homes and schools

Judge rejects attack on listing of closed pub as asset of community value Owners claimed pub - shut since 2012 - had reached end of natural life

Trowers to launch public sector commercial team in Birmingham London lawyers to relocate to Midlands

News and features continue below...
TIME FOR A NEW CHALLENGE? Apply today - some closing dates are fast approaching: To see all roles on LGL, click here. Top locum roles include: Specialist Lawyer/Deputy Monitoring Officer, Senior Contracts Solicitor, Commercial Property Lawyer, Civil Litigation Lawyer and Adults Lawyer.

Deprivations of Liberty: The key to the 'Gilded Cage' £25.00 This course looks at whether the Supreme Court's decision in P&Q v Cheshire West and Chester Council means that there is now a single 'acid test' for Deprivations of Liberty and assesses its ingoing implications.


Borough faces legal action over planning permission for incinerator Council accused of failing to show 'very special circumstances' why development of metropolitan open land should go ahead

Home Office rows back from plan to scrap personal licences Government response to consultation admits that responses were "largely against" abolition

EHRC consults on guidance on laws banning age discrimination in services Courts will be able to take guidance, once approved by Parliament, into account

Council attacked by LGO after homeless elderly couple forced to live apart Couple, who are also disabled, were given 'Hobson's Choice' by London council, claims Ombudsman

NHS trusts handling personal data correctly but some flaws remain: ICO Audits of 19 secondary health care bodies found one at substantial risk of non-compliance and eight providing 'limited assurance'

Offenders choosing jail time ahead of paying confiscation orders, say MPs Only 26p collected from every £100 of criminal activity

LGA Executive approves work towards municipal bond agency

Ex-council chief exec and PINS chairman to head Legal Services Board

LGA nets £85m Audit Commission contracts, CIPFA to run counter-fraud

Authorities name four law firms to legal advice framework

See all of our most recent news stories

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

FEATURED SUPPLIER: A&M Bacon is an independent leading firm of Costs Lawyers specialising in defendant costs for both paying and receiving costs matters.

New articles on Local Government Lawyer

NoonProcurement breaches and remedies: the BT/NHS National Services 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.

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.

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.

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.

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.

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.

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.

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.

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.

Latest courses on Local Government Law TV

The Effective Defence of Major Discrimination Claims £25.00 Discrimination claims are typically complex and costly to fight. This course provides practical advice on the effective defence of dishonest and ill-founded complaints.
Social Housing Allocations: Law and Practice £25.00 This course reviews the principles of allocation policy through the lens of part 6 of the Housing Act and the Localism Act 2011 and outlines what needs to be considered when reviewing or modifying an allocations policy.
Procurement Challenges – Tactics, Timings and Remedies £25.00 This course outlines the main reasons for challenges to procurement decisions, the procedures which must be followed, the sanctions and remedies available and provides tips for contracting authorities on how best to respond to - and prevent - challenges.

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...
Red tape challenge for planning starts to take effect by Angus Walker
This entry reports on the first results of the 'red tape challenge' taking effect for planning law.

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: Getting capacity right
The Court of Protection team at 39 Essex Street examine a case concerning the crossover between the inherent jurisdiction and the CoP.

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

Employment: A hard bargain
Huw Rolant Jones and Sally Isaacs report on unions' use of a relatively unknown TULRCA provision in negotiations with employers over changes to terms and conditions.

Employment: Public sector pensions, employer contributions and the cost cap
The Treasury has announced higher employer contributions towards public sector pensions from 2015. Neil Bhan considers the move and looks at the details of the employer cost cap.

Governance: (Probably) the first group action for damages under the DPA
In December 2013 a group legal action was settled against a London borough following breaches of the Data Protection Act and the Human Rights Act. Anna Thwaites, who acted for the claimants, explains the legal basis for the claims.

Housing: Article 8 - a chink in the landlord's armour?
Leon Glenister examines an important Court of Appeal ruling that upheld the dismissal of possession proceedings on human rights grounds.

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: Nuisance and planning revisited
Martin Goodall analyses the implications for planning of a tour de force Supreme Court ruling on the law of nuisance.

Procurement: Direct awards to private non-profit organisations
A recent opinion from an Advocate General points to a narrow interpretation of the Teckal exemption and a refusal to distinguish between private profit and non-profit-making organisations. Brendan Ryan looks at the reasoning.

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

The Localism Act - Two Years On

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