Editor's blog: Running up against a brick wall?
Today sees the publication of our special report on procurement law in association with Bevan Brittan. The results of our survey of procurement lawyers and professionals give much food for thought, revealing the extent to which the current regime is seen an obstacle to innovation and has led to a significant rise in legal challenges. Read more...
Out today: Local Government Lawyer's Procurement Law: Special Report 2012 in association with Bevan Brittan. Read articles on issues such as avoiding the pitfalls of evaluation, improving access for SMEs and protecting the contracting authority from legal challenges.
Apply now: Brighton & Hove City Council is looking for a Contracts and Procurement Lawyer to join its corporate law team. Or how about working as a Childcare Locum in Maidstone and Whitstable?
New courses on Local Government Law.tv: Leaving Care Age Disputes - Child or Adult? Inter-authority Disputes s.17 or s.20: Is there a duty to accommodate?. These courses are also available as a single package: Supporting Young People
Unlimited access corporate subscriptions to Local Government Law.tv are now available, starting at just £495 + VAT for 12 months, including free access for your client departments. For further details, please click here or contact Derek Bedlow on 0207 239 4917, email email@example.com.
Procurement rules are major obstacle to innovation, source of increasing legal challenges: LGL special report More than half of respondents in survey by Local Government Lawyer and Bevan Brittan reported growth in legal challenges over last three years
39 Essex Street swoops on 4-5 Gray's Inn Square for 24 barristers, including 7 QCs New arrivals will see 39 Essex have 118 barristers, 37 silks
District council defeats High Court challenge to selective licensing scheme Authority planned to tackle anti-social behaviour, low housing demand through new initiative
Council vows to be as transparent as possible in UKIP fostering row Leader warns of "very complex case" involving legal advice. UKIP's Farage demands apology
ICO fines council £60k after details of child neglect case given to wrong person Recipient then contacted the family via a social network
MoJ sets out proposed fixed recoverable costs for PL and EL claims Fees for extension of road traffic accident personal injury portal in 2013
Take final responsibility for actions of bailiffs, LGO tells councils Report analyses problem areas and recommends range of actions, particularly where potentially vulnerable debtors affected
Council helps students secure record award for rent repayment from landlords Authority helped with Residential Property Tribunal case, after successful prosecution for lack of HMO licence
Government to axe "archaic" laws in reforms to pedlary and street trading Proposals meet with hostile response from Local Government Association
Review into disclosure failures in criminal trials rules out extra sanctions But Lord Justice Gross and Lord Justice Treacy call for key sections of Criminal Procedure and Investigations Act 1996 to be brought into force
Council defeats challenge to 'critical needs only' adult care policy Court of Appeal refuses claimants permission to bring judicial review. Ruling comes as another council mulls switch in criteria for 2016
ICO publishes guidance on secure disposal of IT equipment Document comes after a number of recent incidents that led to hefty fines
Lawyers demand clarity over employment law reforms amid fears of satellite litigation Concern over scope for dispute over what would constitute 'improper' conduct in protected conversations
Watchdog publishes guide to home care and human rights for older people Equalities and Human Rights Commission looks to empower older people, families and friends
Kent's Wild named general counsel of the year at British Legal Awards First time category has gone to public sector lawyer. Wild's second win after FT award earlier this year
Byelaws Bill within legislative competence of Welsh Assembly: Supreme Court
Memoli elected to top Law Society committee
Council to pay out after Year 10 children miss six months of education
See all of our most recent news stories
New articles on Local Government Lawyer
Ultra vires and Credit Suisse revisted
Has the real Ultra Vires now stood up? Nicholas Dobson reviews the Court of Appeal's decision in the Charles Terence Estates case.
Setting up social impact bonds
Essex County Council has been at the forefront of the development of social impact bonds. Richard Curl from its legal team explains what was involved.
Bringing up the arrears
What are housing associations and local authorities' legal options for dealing with rent arrears in light of the Welfare Reform Act 2012? Kane Kirkbride explains.
A recent case involving an application for a 24-hour licence for a supermarket raised the question of whether later or earlier versions of national guidance and council policy should apply. Philip Kolvin QC explans the ruling.
Approaching the assessment of capacity
A High Court judge was recently asked to determine whether a woman with mild learning disabilities had capacity to decide to live with a man she had married while he was in jail for sexual offences. The team at 39 Essex Street analyse the judgment..
History in the making
Richard Harwood analyses the important heritage reforms contained in the Enterprise and Regulatory Reform Bill 2012 that is currently progressing through Parliament.
If you will the end, do you will the means?
The Prime Minister last week claimed he would "call time" on equality impact assessments. Declan O'Dempsey and Catherine Casserley consider what he meant.
Coroners inquests and Article 2
Matthew Hill examines a High Court ruling that there should be no Article 2 inquest over the death by overdoes of a 14-year-old boy, despite the failings of a local authority's social services team.
Tax increment finance is now law. So what can it do for your project? Nick Maltby reports.
The latest blogs...
Planning Act 2008 fourth anniversary progress report by Angus Walker
On Wednesday 26 November 2008, Queen Elizabeth II gave her assent to the Planning Act 2008. For the first time, a single planning and authorisation regime would apply to infrastructure projects across different industry sectors.
And some you may have missed....
Adult Social Services: Contempt and the Court of Protection
The team at 39 Essex Street
examine a recent ruling where an individual was sent to prison for breaches of orders made by the Court of Protection.
Children's Services: Residential placement: the Upper Tribunal strikes again
The Upper Tribunal has once again considered the thorny issue of residential placements for children with special educational needs. James Cornwell
examines the latest ruling.
Community Safety: Stepping up to the plate Paddy Whur
looks at recent ‘Interim Steps’ hearings that he has conducted, leading to licences being suspended, but also highlights how on occasions these can be avoided if operators are willing to work in partnership with the police.
Employment: Dismissal and Article 11 rights
A recent ruling from the European Court of Human Rights on the dismissal of a BNP councillor from his job as a driver is a significant one for local authorities, says Allison Cook
Governance: Requests for personal data on employees Eleanor Grey QC
reviews the Information Commissioner's new guidance on requests for personal data about public authority employees.
Housing: More than you bargained for? Christopher Knight
reviews a key Court of Appeal ruling on the ability of local authorities to avoid bad bargains - in this case expensive leases - by relying on their own claimed unlawful acts.
Licensing: Inside job James Rankin
explains the significance of two recent taxi licensing appeals in front of Westminster Magistrates' Court involving Transport for London.
Litigation: Care home fees and the public sector equality duty
The Administrative Court recently found that Devon County Council failed to meet its public sector equality duty when setting care home fees for 2012/13. Nicholas Dobson
examines the case.
Planning: Time for an ad break
Local authorities who initiate planning enforcement action with a "softly, softly" approach, rather than moving immediately to formal sanctions, will be greatly heartened by a recent decision of the Court of Appeal, writes David Merson
Procurement: Suspended animation
When will damages be an adequate remedy in automatic suspension cases? David Hansom
looks at how a recent High Court decision was reached.
Projects: Priority booking
The Priority Schools Building Programme has finally been given the green light. Annie Moy
looks at what it entails.
Property: Crowning moment Phil Lawrence
examines some of the issues raised by the use of crown exemption clauses in public sector leases.
Regulatory: Is consumer protection failing? Alan Conroy
asks whether or not the current consumer protection regime is up to the job and looks at how local authorities should proceed given current uncertainties.
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Click here to see all courses on Local Government Law.tv (96) New courses due in the next few weeks include content on outsourcing, fostering and adoption, the Community Infrastructure Levy, mediation, shared services, child protection, redundancy, village greens and the NPPF. Other forthcoming content includes a webinar on resources and community care as well as updates on procurement and judicial review and a series of practical litigation courses including webinars on disclosure and preparing for trial.