Local Government Lawyer
News headlines
ProjectsCouncils could be "stifled from commenting on government policy" Independent legal advice obtained by Local Government Association questions Government plan to place Local Authority Publicity Code into legislation

High Court grants injunction to losing bidder over £1bn waste contract Energy company and waste authority in dispute over tender evaluation process

Legislative changes "creating greater risk of corruption in local government" Transparency International report warns on changes in Localism Act and Local Audit and Accountability Bill

Council fury as housebuilders threaten legal action over neighbourhood plan Letter before claim calls for council to rescind Executive's decision to support plan and hold referendum later this month 

Top QC appointed to lead investigation into contract award County council appoints silk as "designated independent person"

Council in hiring drive as childcare legal work brought back in-house Strategic decision to handle vast majority of caseload internally

Court of Appeal upholds CPO by council of site of famous amusement park Dismissing claim by former site owners, judges say need for regeneration is overwhelming

Public Law Project blasts MoJ proposals for reforming judicial review Claim that changes would make it more difficult and more expensive to challenge actions of public bodies

County council plans major return to trainee market with four contracts Recruitment process to be conducted primarily via Twitter

CORNWALL CALLING: Cornwall Council is looking for Planning Lawyers (to £37,578) to handle a wide spectrum of work within its highly regarded legal department.

LAST CHANCE: The deadline for the roles of Head of Legal - Commercial and Lawyer - Commercial at Bournemouth Borough Council is tomorrow (12 October). Meanwhile you need to apply today (11 October) for the positions of Principal Solicitor and Senior Solicitor/Solicitor in West Sussex County Council's commercial team. And the closing date for the Civil Litigation Lawyer role (£39,351 to £40,254) at Sefton Borough Council is 16 October.

Also hiring this week:

To see all roles on LGL, click here. Locum roles include Deputy Head of LegalSenior Civil Litigation Solicitor, Data Protection/FOI Legal OfficerProsecutions Locum and Adult Care Lawyer. Please let them know you saw the role on Local Government Lawyer.

More news stories....

Upper Tribunal to hear first appeal over ICO fine for data breach NHS trust challenges £90,000 monetary penalty for data breach involving palliative care unit 

Borough loses High Court bid for judicial review of hospital downgrades Judge refuses to grant permission for appeal after oral hearing

Cafcass figures hint at moderate fall in number of care applications Applications for April to September 2013 down 7% on previous six months

Pickles to cap service charges, claiming councils use them as "cash cow" Five-year caps proposed, but different amount for London

Council defeats legal action over scrapping of subsidies for 20 nurseries Mothers of children at nurseries had advanced five grounds of challenge

First council-promoted Planning Act 2008 scheme survives judicial review County council promoting scheme linking M6 to industrial area and port

Scottish Government to boost use of 'community benefit clauses' Procurement Reform Bill intended to help Scottish businesses bid for public contracts

Council rapped by LGO after failure to involve parents in planning for vulnerable man 

See all of our most recent news stories

GET CPD AT YOUR DESK: New courses on Local Government Law TV include State Aid, Property Law Essentials, Delivering Housing DevelopmentForfeiturePOCA in Planning EnforcementMediationMajor works consultation and dispensation and Data Sharing. Take out an individual or team subscription today. Or buy a course from as little as £25+VAT.

KEY EVENT: Essential Legal Update for Local Authority Lawyers - Matrix Chambers - London - 5 November. Speakers include Helen Mountfield QC, Aidan O'Neill QC and Hugh Tomlinson QC.

COMING UP NEXT WEEK: Property Law Conference from Atlantic Chambers - Liverpool, 14 October; and Housing Law Update Seminar from Temple Court Chambers - Cardiff, 17 October. Also, don't miss the Public Land Law Update from 12 College Place in York on 5 November.

New articles on Local Government Lawyer

NoonThe Merseyside Waste procurement injunction - lessons for public bodies
John Houlden and Patrick Parkin look at the lessons from the High Court's recent decision to grant an energy company an injunction over the award of a £1bn waste contract.

Power game - council v executive
Who calls the budget shots on executive arrangements? Council or executive? Can full council require an elected mayor to spend additional budget provision as the council dictates, even if that directly contravenes an existing mayoral policy decision? Nicholas Dobson reports on a major Court of Appeal ruling.

The school company model and spin-outs - what you need to know
Antonia Aselue of Hertfordshire County Council examines the use and attractions of the collaboratively-owned school company as a local authority spin-out model.

Making sense of recent developments in employment law
Susan Belgrave reviews some of the seismic changes in employment law.

Mutuals, procurement and carve-outs
Will proposed amendments to EU directives solve the procurement issue for mutuals? Mark Johnson analyses the key changes.

Dealing with a request to expunge records
The High Court in Northern Ireland has ruled that a refusal to destroy part of an individual's 'life story' was justified under Article 8(2) ECHR. Robin Hopkins reports.

Assessments and planning for prisoners near release
Jonathan Auburn and Benjamin Tankel look at the lessons to be learned by local authorities from litigation involving prisoners due for release.

Environmental assessment - recent cases: part 2
In the second in a two-part series, Stephen Tromans QC continues his roundup of recent caselaw on environmental assessment. This time he covers issues including need, enforcement, SEA and appropriate assessment.

The EAT, serial complainants and the Martin case
Helen Barney looks at a recent Employment Appeal Tribunal ruling that could constrain employers when dealing with serial complainants.

LGL in figures - unique visitors in August 2013: 22,265 (up 32% on June 2012).

CALLING SENIOR GOVERNANCE LAWYERS: In association with Freeth Cartwright, Local Government Lawyer is conducting a survey of heads and deputy heads of legal, monitoring officers and senior governance lawyers on the impact of the key reforms in the Localism Act 2011. Please complete the survey here.

Latest courses on Local Government Law TV

Name Price (ex-VAT)   Description
State Aid £25.00 This course covers the basics of State Aid from a public sector practitioner's point of view, explaining the basis of the State Aid Regulations, their practical application and the effect of forthcoming changes to the State Aid regime.
Property Law Essentials £25.00 The course rounds up and analyses recent property-related case law and goes on to look at topical legislative, administrative and political developments affecting the practise of property law from a public sector perspective.
Delivering Housing Development £25.00 This course explains the recent planning reforms aimed at encouraging the development of new housing and examines the viability evaluation processes of social housing and other obligations imposed on developers.
Major works consultation and dispensation £25.00 This course looks at the problem areas and case law created by the consultation requirements contained in Section 20 of the Landlord and Tenant Act 1985 (LTA) and examines the law governing applications for dispensation from them.

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...
Promoter council wins first Planning Act judicial review by Angus Walker
This entry reports on the outcome of the first challenge to a decision under the Planning Act 2008, involving a road link promoted by Lancashire County Council.

See also: Life begins at 40 - has the Planning Act reached steady state?

Power game - council v executive by Nicholas Dobson
Who calls the budget shots on executive arrangements? The Court of Appeal hands down a significant ruling for local authorities.

Snap judgement: How safe is your organisation's data?

  • Safe as houses - our procedures are watertight
  • Only as good as the people on the ground
  • Dangerously exposed

Click here to vote now

And some you may have missed....

Adult Social Services: Exercise of treaty rights by EU nationals What are local authorities' social care obligations to non-UK EC and EEA nationals? Jonathan Auburn and Ben Tankel review recent caselaw on the issue.

Children's Services: Striking answers With teachers striking this week and further industrial action expected before Christmas, Allison Cook considers the key legal issues for schools.

Employment: Equal pay and same employment Fatim Kurji considers the meaning of 'same employment' within the equal pay legislation.

Governance: Councillors - rights of access to information How much information are councillors entitled to? David Merson examines the legal background.

Healthcare: The HSE bares its teeth The Health and Safety Executive has announced plans to prosecute Mid Staffordshire NHS Foundation Trust under the Health and Safety at Work Act. The regulator's new teeth will be sharp, write Chris BaranowskiSally Roff and Tracey Longfield.

Housing: Eviction of homeless applicants accommodated pending inquiries Do the decisions in Manek and Desnousse continue to bind the Court of Appeal in the light of the Supreme Court rulings in Pinnock and PowellVaughan Jacob reports on the Court of Appeal's conclusion.

Licensing: The final word? Has the High Court given a definitive ruling on the position of interim steps and summary expedited reviews? Perhaps not, writes Paddy Whur.

Litigation: Costs and compliance: a strict approach Gwendoline Davies and Sue Harris analyse emerging trends from the key case management and costs cases that have hit the courts since the Jackson reforms were implemented on 1 April 2013.

Management: Progression through investment - setting the local government standard A larger team, enhanced expertise and greatly increased income - Rachel Howe from the legal services department at North West Leicestershire District Council explains how they have developed a more commercial operation.

Planning: Environmental assessment - recent cases: part 1 In the first in a two-part series, Stephen Tromans QC rounds up recent caselaw on environmental impact assessment, screening, conditions, sub-division and salami-slicing.

Procurement: Changes to the consumer credit regime: what you need to know Significant changes to the consumer credit regime are on the way. Adam Kendall and Michael Shreeve look at the key implications for local authorities and housing associations.

Property: Modifying a restrictive covenant The Upper Tribunal (Lands Chamber) has partially modified a covenant to permit the use of a property as a mosque and madrassah, but - following objections from a council - has imposed new conditions on the use of the property. Justin Bates explains the ruling.

Regulatory: Food for thought The Supreme Court has given a definitive ruling upon the issue of the requirements of the offence of selling food after the expiry of a 'use by' date. The judgment represents a welcome return to certainty in such prosecutions, writes Adam Pearson.

Transport: Travel concession schemes and reimbursement Clare Hardy reports on a recent judicial review of a decision by an integrated transport authority to reduce a reimbursement paid under its travel concession scheme.

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)

Planning Lawyers Cornwall Council

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