Editor's blog: Eyes on the prize
The launch in the past week of three different procurement exercises for legal services frameworks emphasises that the market for providing advice to the public sector is still a substantial one, even if there remains huge downward pressure on fees. Read more...
State of the nation: please complete our Careers Survey. You will be entered into our draw to win a £50 John Lewis voucher. All answers are treated anonymously.
Don't delay: Today (15 March) is the last chance to apply for the Head of Legal Services at Tameside MBC post. There are a number of senior locum roles available on our site at the moment, including: Managing Lawyer and Deputy Monitoring Officer, Senior Commercial Law and Litigation Lawyer, Senior Housing Locum, Senior Social Services Lawyer and Senior Planning Lawyer. Check our our searchable jobs board here. If you have vacancies to fill, job advertising on the site costs from just £150 + VAT. Click here for more details.
Book now: Conducting a Care Case (multiple dates); Development & Highways (multiple dates) and The Equality Act and Possession Proceedings (26 April).
LGL latest: 22,342 unique visitors last month (up 30% on February 2012).
Council "within its rights" to withhold key sites from neighbourhood forum High Court rejects judicial review challenge over decision to exclude two areas with development potential. Claimants argued that they were left with "artificially reduced rump area"
Claimants seek to take council tax reduction challenge to Supreme Court Application made for permission to appeal in Haringey case emerges as a second challenge to another authority's scheme fails in High Court
Different treatment of family and unrelated foster carers "unlawful": High Court London borough's policy on payments not in accordance with statutory guidance
Court of Appeal rejects unfair dismissal claim by Baby P social workers Case centred on alleged double jeopardy over initial use of simplified disciplinary procedure, which only led to written warning
Councillor resigns after remarks to undercover reporters on planning system District council had referred matter to police; councillor denies having broken the law
Borough ordered to pay £35k to agency worker for disability discrimination Equality and Human Rights Commission intervened over issue of whether equality law protected agency workers
Four found guilty in one of largest fraud cases ever brought by a council Legal and trading standards teams at London borough lead way on £35.8m land banking fraud prosecution
District wins judicial review over wind turbines near Grade 1 listed building Inspector had failed properly to apply relevant planning policies on effect of development on setting of heritage assets
Judicial review of closure of Independent Living Fund begins in High Court Scheme closure in 2015 would leave claimants dependent on local authority services
New apprenticeship in legal services launched with government backing Vocational pathway in three areas initially that could lead to qualification ultimately as chartered legal executive
Ministers back new strike out powers in employment tribunals
DfE issues advice to schools on industrial action and breaches of contract
Top housing association launches £10m legal services tender
NHSLA puts £300-400m in legal work out to tender in panel shake-up
Colleges, academies and universities plan legal services panels worth up to £140m
Goodbye 'self-represented litigants", welcome back 'litigants in person': MR
See all of our most recent news stories
New course on Local Government Law TV
All courses are CPD-qualifying. Your first course is FREE.
Duties of consultation and disclosure owed in planning
You Save: 50.00%
This course looks at the duties owed by local authorities and other public bodies to disclose confidential information that informs decisions with an environmental impact and their duties to consult on such decisions.
Departmental subscriptions from £495 + VAT for 12 months unlimited access. Click here for details
New articles on Local Government Lawyer
Major works consultation: closing the section 20 bear-trap
Ranjit Bhose QC and Hugh Flanagan discuss how a recent decision of the Supreme Court has overhauled the way Leasehold Valuation Tribunals will approach the question of whether to dispense with the consultation requirements for major works service charges.
The case of the taxi prosecution and the missing records
A Magistrates' Court ruling on a council's apparent procedural failures has delivered a bombshell for taxi licensing authorities, writes Philip Kolvin QC.
Income from lease extensions
Charles Ward examines the prospect of tenants asking social landlords for an extension to their right-to-buy lease.
Changing times, shrinking budgets and increased political focus are forcing all in local government to look well beyond their traditional turf. Nicholas Dobson looks at the background to trading by local authority legal departments.
Too good to be true?
Abnormally low tenders create serious risks - as was demonstrated by the collapse of Connaught plc in September 2010 - but the law about them is ambiguous. David Gollancz sets out the headline issues and arguments.
Privacy and data protection developments in 2013
From the EU's draft regulation to enforcement and penalties issued by the ICO, Robin Hopkins looks at the key developments in privacy and data protection to be expected in 2013.
Eleanor Grey QC, Catherine Dobson and Jennifer Thelen look at the latest information law cases, which range from time limits to striking out, and from personal data to Prince Charles' correspondence.
Taking a measured approach
The Metropolitan Police recently failed in a bid to overturn a ruling that it had breached the common law, the Disability Discrimination Act and various articles of the ECHR in its handling of an autistic, epileptic young man. The team at 39 Essex Street examine the court's reasoning.
The amended scope of section 106 renegotiation procedures
The government has overhauled the framework for the renegotiation of s. 106 agreements. Chris Slater and James Garbett consider the changes.
Tree roots and the section 58 defence
Lorna Herring and Thomas Crockett report on a tripping case where a local authority successfully made out the defence in section 58 of the Highways Act 1980.
The latest blogs...
Infrastructure project decision time as NID changes to MAP by Angus Walker
This entry reports on progress on nationally significant project applications, and changes to the management of the Planning Inspectorate.
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: A robust approach
The Court of Protection team at 39 Essex Street
analyses a High Court judge's approach to the strains on the Official Solicitor in accepting invitations to act in health and welfare applications and the appointment of family members as a litigation friend.
Children's Services: The Court of Protection and practice points from the Family Division
The team at 39 Essex Street
examine some recent practice points from the Family Division that are relevant to the Court of Protection.
Community Safety: 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. He looks at issues faced by both the police and the premises licence holder.
Employment: Whistleblowing - new challenges for employers Ceri Widdett
examines the potential impact on employers of proposed reforms to whistle-blowing legislation.
Governance: Vexatious requests: the view from the Upper Tribunal
The Upper Tribunal has provided definitive guidance on freedom of information/EIR requests that are vexatious or manifestly unreasonable. Robin Hopkins
reviews its conclusions.
Housing: Homeless families - when is a family accommodated "together"?
The Supreme Court has just made an important decision about what counts as suitable accommodation for a homeless family. Stephen McNamara
looks at some of the issues.
Licensing: 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
Litigation: Silence is not necessarily golden Gordon Exall
considers the practical issues that arise from the principle that a court can draw adverse inferences from a party's failure to adduce evidence on an issue.
Planning: Agricultural buildings - the 'reasonably necessary' test under Part 6
There are potential pitfalls for local planning authorities when it comes to agricultural buildings and the 'reasonably necessary' test under Part 6, writes Martin Goodall
Procurement: The use of Teckal company structures in public service: part 2 - mutualisation Amy Auton-Smith
and Simon Thomas
look at some of the legal issues arising in relation to using a Teckal
company to kick-start a move towards public service mutualisation, with a focus upon private companies limited by shares as the preferred vehicle.
Property: Registering town and village greens: the biggest cases of 2012
There was a significant throughput of litigation in relation to town and village greens in 2012. Paul Wilmshurst
analyses the key rulings and looks ahead to the next 12 months.
Regulatory: Planning control and advertisements Polly Reynolds
and Mary Tate
consider the important role that local planning authorities have in relation to the control of advertisements.
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