Local Government Lawyer
JOBS OF THE WEEK: Scarborough: Local Government Lawyers. The award-winning team is seeking to expand through the recruitment of additional expertise across the range of local government legal practice areas, with particular emphasis on: commercial, contracts and procurement; and criminal and civil litigation (including housing litigation). Closing date: 5 pm on 18 July;
Are you ready for the Care Act 2014?

The Care Bill is now an Act and with its implementation imminent, Local Government Lawyer, in association with DAC Beachcroft, are conducting a survey of local authority lawyers and other professionals to assess the potential impact of the legislation and local authorities' state of readiness for its key provisions.

If you are a social care, litigation or procurement lawyer, or another community care professional, we would be delighted to get your perspective. Completing the survey will take about 15 minutes and you can remain anonymous if you prefer. Survey respondents will be entered into a draw for a £50 John Lewis voucher. The results will only be published in aggregated form - no individual responses or organisations will be identified.

The survey can be completed online at the following link: https://www.surveymonkey.com/s/careact

Philip Hoult, Editor


ProjectsCourt of Appeal sets out three-stage test for applications for relief from sanctions
Master of Rolls said Mitchell ruling was "substantially sound" but more detail given on approach that should be applied

Review team suspends work as police widen Rochdale abuse investigation
QC leading council-commissioned review agrees to request from Greater Manchester Police

District council loses bid to stop DCLG claw back of EU funds
Onus is on grant recipient to get own procurement processes right, says High Court judge

Changes to JR "could see unlawful administrative action go unremedied"
Lords committee fires warning over rule of law impact of key part of Criminal Justice and Courts Bill

Defendant to pay £225k under POCA after selling vehicles on Green Belt
Crown Court also fines him £4,550 and orders payment of £10,000 towards costs of prosecution brought under s. 179 of Town and Country Planning Act

Council defeats Court of Appeal challenge to rugby and housing development
Judges reject argument that planning committee members were confused over the local plan

Department for Health consults on changes to Mental Health Act code of practice
Current document has been "inconsistently applied, misunderstood or ignored", says Department

Council in dispute with Egyptian Government and Arts Council over artifact sale

Northampton Borough Council museum risks losing funding after sale

Environment Agency action against waste dump rejected by High Court
Judge rejects legal action against a waste firm whose site has persistently caught fire.

APPLY NOW: The closing date for the wide range of roles at HB Public Law is 14 July: Senior Lawyer - Adult Social Care and LitigationSenior Lawyer - Planning & RegenerationSenior Lawyer - Property; Property Lawyer (G10)Property Lawyer (G11)Lawyer - Planning and RegenerationLegal Assistant - Commercial Team x 3Legal Assistant - Litigation and Social Care x 3.

There are a range of other great jobs on LGL this week:

Age assessment disputes can be settled out of court
Parties to an age assessment dispute not required to lay additional material or evidence before the court for judicial scrutiny

Council chiefs demand radical reforms to housing finance
Proposals from LGA include creation of council-led local land trusts

CAMRA and think tank urge use of powers to protect pubs from closure
Call for wider application of National Planning Policy Framework and encouragement for listing of assets of community value

Government unveils new procurement models for public construction projects
Three new procurement models for construction contracts

City council complies with enforcement notice issued by ICO
Watchdog had ordered data protection training for all authority's staff within 50 days

DBIS publishes guidance on core elements of revised State Aid rules
Publication as revised General Block Exemption Regulations came into force on 1 July

See all of our most recent news stories
DON'T MISS: FEATURED SUPPLIER: 37 Park Square Chambers - specialist legal advice and advocacy services in the core areas of family law, criminal law and civil common law, along with individual barristers with specialisms in areas such as Court of Protection, Employment Law, Planning and Health & Safety.
New articles on Local Government Lawyer

Council meetings - lights, camera, action!Noon
New regulations come into force at the end of this month, leaving local authorities with less than 28 days in which to prepare for their meetings being filmed, tweeted or blogged. Olwen Dutton explains the changes.

What happens when the money runs out?
Simon Goacher considers what might happen if a local authority proved unable to balance the books.

For better or for worse
The Court of Appeal has just handed down an important ruling on the scope of statutory homeless reviews. Kelvin Rutledge QC and Sian Davies analyse the judgment.

Sustainable development: the Humpty Dumpty approach
Sue Chadwick looks at the challenges thrown up by the concept of 'sustainable development'.

Trigger happy?
Emma Porritt and James Garbett look at additional trigger events to prevent applications to register town and village greens.

Funding charities
A Charity Commission intervention and a recent VAT Tribunal case highlight the need for local authorities to consider their legal position carefully when giving funding to charities, writes Richard Auton.

Power play
Greater use of existing powers could be made to deal with the consequences of late-night drinking and to target problem customers, writes Gerald Gouriet QC.

Making yourself heard
Telecommunications leases may deliver an additional source of income for local authorities and other public bodies but at what cost? Cynyr Rhys examines the issues.

LexisNexisRaise £5 for charity in 15 minutes. Complete this short survey and Lexis Nexis will donate £5 to the current Reed Elsevier Charity Partner, the International Rescue Committee. We want to find out more about the daily challenges you face when drafting and reviewing legal documents.

The weblink to the survey is: https://www.surveymonkey.com/s/HMSP8QF

New courses on Local Government Law TV

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

Name Price (ex-VAT)   Description
Procurement and State Aid £25.00 This presentation explores recent developments on how an unlawful selective advantage might arise in a given context, with particular reference to developments in respect of transport, infrastructure and land transactions.

Departmental subscriptions from £249 + VAT for 12 months unlimited access (LLG members). Click here for details.

Been away? Features on Local Government Lawyer recently include:

Adult Social Services: Costs in welfare proceedings
The Court of Protection team at 39 Essex Street report on a rare award of costs in welfare proceedings.

Children: Capacity in relation to children
A High Court judge recently ruled on a 13-year-old's capacity in relation to whether to continue with or terminate a pregnancy. The Court of Protection team at 39 Essex Street examine the case.

Employment: Governance and the LGPS
Gary Delderfield reports on a Department for Communities and Local Government consultation on draft regulations for governance of the Local Government Pension Scheme.

Governance: Speaking up
The High Court ruled earlier this year in a case where a non-planning councillor spoke at a controversial planning committee meeting. Mary Tate examines the ruling.

Housing: Article 8, the Equality Act and summary hearings
How should Article 8 and Equality Act 2010 arguments be treated when raised at a summary hearing? Senga Howells reports on a recent case.

Housing: Challenges to the ‘bedroom tax’ and DHPs
Jed Meers analyses the recent High Court ruling in Rutherford and the evolving role of Discretionary Housing Payments.

Housing: Local authorities, notices to quit and undue influence
The Court of Appeal recently examined whether a notice to quit was procured by the undue influence of a housing officer employed by a council. Jonathan Manning and Amy Knight explain the judgment.

Licensing: Recent appeals decisions under the Licensing Act
There have been a number of interesting appeal decisions under the Licensing Act recently, writes Paddy Whur.

Litigation: Mediation and arbitration after Mitchell
Do mediation and arbitration hold greater appeal following the Court of Appeal ruling in MitchellBelinda Moore and Andrew Clarke consider the options.

Management: Winning more business
How do local authority legal teams win work traditionally undertaken by large private practice firms? Chris Skinner looks at the challenges.

Management: Sleepwalking into oblivion
Is time running out for local government lawyers? Hugh Peart, Director of HB Public Law, looks at the responses available.

Planning: Judicial review, proportionality and s.178 direct action
A senior Court of Appeal judge has rejected an argument that proportionality was a matter for the Court on an application for judicial review of a planning authority's decision to take direct action to remove travellers. David Lintott reports.

Procurement: Automatic suspensions, American Cyanamid and cross-undertakings in damages
What can a decision of the High Court of Ireland tell us about EU procurement law and whether the UK approach to the lifting of automatic suspensions of contract awards is compliant with it? Brendan Ryan reports.

Property: What you need to know about district heat networks
Mark Routley looks at the opportunities and challenges for local authorities presented by district heat networks.

Property: High Court guidance on commercial service charges
The High Court has recently provided some useful guidance on commercial service charges, anticipated expenditure and apportionment, writes David Bird.
The latest blogs...
Infrastructure Bill changes explained as committee stage starts by Angus Walker
This entry reports on further explanation of the changes to the Planning Act 2008 regime in the Infrastructure Bill at the start of its committee stage in the House of Lords.

Snap judgement: Will the SRA's decision to remove the 16 hour minimum training requirement...?

...reduce the amount of training I do as budgets are cut and time for training is reduced
...make little difference - I do the training I need to practice regardless of the minimum requirement
...enable me to do more relevant professional development activities as the need to take CPD accredited training is removed

Click here to vote now

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.
  Lawyers in Local Government  (LLG) member authorities Non-LLG Members
Individual subscription £99 (+VAT) £199 (+VAT)
Local authority with up to 10 registered users £249 (+VAT) £495 (+VAT)
Local authority with 11 – 30 registered users £495 (+VAT) £995 (+VAT)
Local authority with more than 30 registered users £649 (+VAT) £1295 (+VAT)
Law firms with up to 20 registered users n/a £1750 (+VAT)
Law firms with 20+ registered users n/a £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)

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1KBW has a pre-eminent reputation in family law. Our barristers have been at the cutting edge of the development of family law and have been in most of the groundbreaking cases over the last two decades.
37 Park Square
Specialisms in the areas of Court of Protection, Professional Negligence, Disciplinary Tribunals, Employment Law, Planning, Health & Safety and Immigration, experienced in acting on behalf of Local Authorities.
A&M Bacon Ltd
We are an independent leading firm of Costs Lawyers specialising in Defendant costs for both paying and receiving costs matters.
Cadogans is a group of engineers and scientists distinguished by its breadth of experience and ability to tackle problems that combine more than one discipline.
Easton Bevins
Easton Bevins is a leading independent Chartered Building Surveying Practice with a vastly experienced team of Expert Witnesses
Edulaw Chambers
Edulaw Chambers provides specialist advice, advocacy and training in education law. We regularly act for local authorities and schools/academies.
Francis Taylor Building
Francis Taylor Building is a long established leading public law set, with particular expertise in planning, land valuation, infrastructure, environmental, public law, licensing and regulatory law.
Gibbins Costs Lawyers
Gibbins has grown to become one of the North’s largest independent firms of Costs Lawyers and Consultants, serving Solicitors and Legal Practitioners nationwide.
In Real Time Translation
In Real Time Translation, a UK Company, provides document translation services, language interpretation services as well as sign language, Braille and other services.
Ivy Legal
Ivy Legal Ltd is an innovative planning enforcement law firm that specialises in supporting local authorities.
Joanna North Associates Ltd
Training & therapeutic consultancy for children, adults & families. Expert witness and Ofsted inspected adoption support agency
Jordan Publishing
Under our two brands, Jordans and Family Law, we publish practitioner books, looseleaf services, journals and law reports in both print and online format covering the entire range of legal practice and regulation.
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.
Legal Document Translation
Legal Document Translation provide you with a proven, trouble free translation process. We work for local authorities and solicitors UK wide.
Lextox Drug and Alcohol Testing
A specialist hair drug and alcohol testing laboratory established by experts to provide the most reliable results and most responsive customer service.
LGG delivers an extensive annual CPD training programme that is ultimately designed to provide the public sector legal practitioner with a one-stop shop.
Local Government Law TV
Local Government Law.tv combines the experience of the leading local government legal training provider with the immediacy of an online news service to provide a comprehensive selection of up-to-date webinars
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's widely respected Incident Investigation and Reconstruction Group consists of expert scientists, engineers and technicians, who specialise in the forensic investigation of incidents involving road traffic, the road environment and road user behaviour.
WeatherNet Ltd
With 15 years experience, WeatherNet can provide complete forensic legal weather reports or witness statements for a range of civil and criminal cases.
Wilkin Chapman Goolden
At Wilkin Chapman Goolden we offer a high level of expertise with the support of a full range of specialist lawyers offering expert advice on the complete range of legal services.
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