Councils 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:
Southampton City Council: After deciding to bring its Legal Childcare work back in-house, the authority is hiring a Senior Solicitor/Barrister (up to £48,112) to act as Team Leader, and has three posts for Solicitors/Barristers (up to £43,266);
North Hertfordshire DIstrict Council: Litigation and General Solicitor/Legal Executive (to £38,110);
Brighton & Hove City Council: Employment Lawyer (£29,528 to £39,351);
Waverley Borough Council: Lawyer focusing primarily on property law, contracts and procurement (£34,171 to £37,639); and
Welwyn Hatfield Borough Council: Senior Conveyancing Officer (to £30,642).
To see all roles on LGL, click here. Locum roles include Deputy Head of Legal, Senior Civil Litigation Solicitor, Data Protection/FOI Legal Officer, Prosecutions 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 Development, Forfeiture, POCA in Planning Enforcement, Mediation, Major 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
The 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
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
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
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
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
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 Baranowski
, Sally Roff
and Tracey Longfield
Housing: Eviction of homeless applicants accommodated pending inquiries
Do the decisions in Manek
continue to bind the Court of Appeal in the light of the Supreme Court rulings in Pinnock
? Vaughan 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 r
eports on a recent judicial review of a decision by an integrated transport authority to reduce a reimbursement paid under its travel concession scheme.
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