Editor's blog: Breaking the tape
Perhaps the most welcome aspect of the decision this week by the SRA board to approve a rule change allowing local government solicitors to charge charities is the greater understanding the regulator is showing about the realities of local authority legal practice. Read more...
Just in: The award-winning shared legal service at Merton and Richmond Councils is looking for a Planning Lawyer and Commercial Property Lawyers.
Don't delay: You have until 5 pm today (28 February) to apply for the unique opportunity to be Programme Support Officer for the Local Government Assocation's legal team. The closing date is fast approaching for these roles: Solicitor to Herefordshire Council (4 March) and Senior Legal Advocate at Gedling Homes (5 March). Other top positions on the site include Head of Legal Services at Tameside MBC, while the following locum roles are available: Planning Lawyer, Public Law Litigator, and Interim Contracts Solicitor. Don't forget to tell them you saw the advert on Local Government Lawyer.
If you have vacancies to fill, job advertising on the site costs from just £150 + VAT. Click here for more details.
Book now: The Town & Village Greens Roadshow 2013 in Preston on 15 March; the Solicitors in Local Government Weekend School at the University of Warwick from 21-24 March; and The Equality Act and Possession Proceedings on 26 April.
LGL in figures: 22,151 unique visitors last month (up 33% on January 2012).
SRA Board approves rule change allowing charging of charities Amendment to Practice Framework Rules to go before Legal Services Board along with other red tape initiative reforms. Geographical restriction retained - for now
Information Commissioner orders disclosure of advice from lawyer in trading standards team Chartered legal executive had given advice to company involved in a dispute
Land Registry in prototype for digitised central register of local land charge info Seven local authorities to take part in scheme to provide local land charge searches alongside title register and plan
Last case under old local government standards regime comes to an end London borough understood to have withdrawn appeal to Upper Tribunal
Justice system "not ready to support 26-week time limit for care cases": Resolution Association of family lawyers warns of risk of greater focus on meeting deadline than on needs of the child
Father wins Supreme Court appeal after judge changed her mind in care case Judge had named father perpetrator in oral judgment, but reached different conclusion in later written 'perfected' judgment
First-Tier Tribunal refuses NHS trust permission to appeal ruling on ICO fine Trust, which had advanced four proposed grounds for appeal to Upper Tribunal, will now have to apply direct
Institute of Licensing members lukewarm over minimum unit pricing plans Response to Home Office Alcohol Strategy consultation also reveals concern over introduction of public health objective
Staffordshire, LGL shortlisted for first Halsbury Legal Awards Council nominated in Development of Talent category, Local Government Lawyer up for Legal Journalism award
Harwood, Coppel and Isaacs among barristers to be appointed QC
Suffolk CC head of legal appointed as a deputy district judge
Council and campaigners keep up pressure on Hunt over hospital downgrade
County to set up legal services framework advising in-house insurance team
Crackdown by London borough sees almost 300 council properties returned
Owner of shisha bar to pay £5,000+ after 'humidor' defence fails
See all of our most recent news stories
New course on Local Government Law TV
Other recent courses on Local Government Law TV
Contact During a Placement Order
You Save: 50.00%
Having studied this course, the viewer will have gained a broad overview of when and how contact orders are made, who can apply for them, the responsibilities they bring to bear on LAs and adoption agencies and when they can be suspended or revoked.
All courses are CPD-qualifying. Your first course is FREE.
Mental Health and Community Care
You Save: 50.00%
Made up of three presentations, this course looks at effect of the mental health legislation on community care law from three important perspectives: the duties owed by under s.117 of the MHA, Deputyship and the Deprivation of Liberty Safeguards.
Local Authorities and Commercial Contracts
You Save: 50.00%
This course provides an overview of local authorities' common law obligations when entering into any private arrangement with a contractor.
Departmental subscriptions from £495 + VAT for 12 months unlimited access. Click here for details
New articles on Local Government Lawyer
When a house is (arguably) not a home
When does the use of a dwelling house for commercial holiday lettings amount to a material change of use? Ian de Prez and Estelle Dehon explain the background to a key ruling by the Court of Appeal.
Why not change the rules on judicial review?
David Cameron's remarks on judicial review, and the consultation report that followed, need a thoughtful response and local authorities will find much to be pleased about if they dig a little deeper into the proposals, believes Graeme Creer.
Development management under the Localism Act
A significant High Court ruling has shown that the Localism Act changed nothing when it comes to the fundamentals of the development management system, writes Martin Goodall.
Information caselaw update
Eleanor Grey QC provides an overview of the most significant developments in information caselaw over the past month.
Reasons - to be cheerful?
The importance of licensing sub-committees providing reasons for their decisions has been re-confirmed by the High Court, writes Michelle Hazlewood.
Telling tales out of school
A recent Employment Appeal Tribunal case involving a school dinner lady raised the issue of the balance between public authority employees' duties of confidentiality and their right to freedom of expression. Paul Greatorex analyses the ruling.
Comparison or evaluation?
Jenny Beresford-Jones analyses a recent procurement case where a property developer sued a council over the introduction of a 'Plan B' proposal.
Flexible tenancies, security and succession
Alec Samuels considers the background to the new flexible council tenancy and the phasing out of security and succession.
The employment law applicable to employee behaviours has been slow to adapt to social media, writes Kevin Lynch.
The latest blogs...
Are peers fracked off for the wrong reasons? by Angus Walker
The House of Lords is to start the 'report stage' of the Growth and Infrastructure Bill, the first of three such days and an opportunity for amendments to be debated.
Snap judgement: Do you think that the Local Government Minister Brandon Lewis's comments that monitoring officers are providing poor advice to their authorities underlines the need for monitoring to be legally-qualified?
Yes - A proper understanding of the law is essential to do the job to the required standard
No - A focus on legal technicalities can prevent MOs from taking a wider view
Click here to vote now
And some you may have missed....
Adult Social Services: Mid-Staffs NHS Trust - the lessons for local authorities Olwen Dutton
and Peter Keith-Lucas
consider the important lessons for local authorities arising out of the Mid-Staffordshire NHS Trust inquiry report.
Children's Services: TIme for a rethink
A High Court judge has recently ruled that a prospective adoptive child will not be taken from a blind woman, for now. Richard Mumford
analyses the case, which saw the woman apply for an injunction against the local authority that took steps to remove the child.
Community Safety: An effective enforcement tool - or a sledgehammer to crack a nut? Paddy Whur
looks in detail at s. 53A of the Licensing Act 2003, focusing on the key elements that should be considered prior to this type of review being launched, as well as the other relevant stages of the process.
Employment: Religious discrimination: lessons for the future? Susan Belgrave
looks at the impact of recent landmark decisions from the Employment Appeal Tribunal and the European Court of Human Rights on religious discrimination claims in the employment arena.
Governance: Disclosable pecuniary interests - what did the Government intend to capture? Paul Hoey
examines the limited circumstances in which the Government intended disclosable pecuniary interests to arise and explains what this means for monitoring officers.
Housing: Deficient homelessness decisions and the impact on the applicant
The Court of Appeal recently considered how the courts should deal with a plainly deficient homelessness decision when the deficiency has had no adverse consequences for the applicant. David Lintott
analyses the ruling.
Licensing: The case of the absent premises licence holder and the summary review Paddy Whur
discusses recent summary review hearings that he has been involved in, where the premises licence holder has been the landlord.
Litigation: Departing from the costs budget
The Court of Appeal has handed down a crucial judgment in relation to costs budgeting in litigation. Adam Welsh
outlines the key points.
Planning: The rule against s. 289 leave appeals
The Court of Appeal has declined to overturn the rule that no right of appeal lies against refusal of leave to appeal a planning inspector's decision on a s. 174 enforcement notice appeal. Mark Lowe QC
, Estelle Dehon
and Jack Parker
examine the ruling.
Procurement: When does the clock begin to tick? Andrew Lancaster
reports on an important social care case which centred on time limits in procurement disputes.
Property: Academies - a local authority guide to conversion
Since the Academies Act 2010 came into effect Hertfordshire County Council Legal Services has administered 71 academy conversions. Adeola Sonola
looks at the practical issues commonly encountered in a conversion, including in relation to property.
Regulatory: State of play David Merson
analyses a High Court ruling on rarely used powers for local planning authorities to act in cases where land and buildings are adversely affecting on the amenity of the neighbourhood.
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