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JOBS OF THE WEEK: Hertfordshire County Council (HCC) and North Hertfordshire District Council (NHDC) need Senior Commercial Lawyers and Commercial Lawyers to help drive forward the delivery of a centre of excellence. HCC has a newly appointed Head of Commercial Law, John Oakley, who is looking for extremely talented and experienced lawyers to join HCC and work collaboratively with NHDC, which is a district that is set to grow. NHDC has a proactive and pragmatic legal team, looking for like-minded lawyers to join the team to offer a high quality service to internal and external clients.
Also hiring this week:
Election Court finds Tower Hamlets mayor guilty of corrupt practices
Election of mayor for London Borough of Tower Hamlets must be re-run, High Court judge rules. Court bars incumbent Lutfur Rahman from standing and reports him to Solicitors Regulation Authority. See also: Election petition system obsolete and unfit for purpose: Tower Hamlets judge
Advocate General issues opinion in battle over cost of property search info
AG Sharpston of the Court of Justice of the European Union sets out what councils can charge for when providing property search information
Assistant County Solicitor at Lancashire becomes LLG President
Bev Cullen elected president while Southwark's Doreen Forrester-Brown and Broxtowe's Phillip Horsfield become vice president and deputy vice president respectively. See also: Lawyers in Local Government launches mentoring scheme for members Scheme is designed to help lawyers progress professionally and personally
London borough defeats challenge to decision to increase parking charges
Judge rejects claim that increases were designed to raise additional revenue for council and were for illegitimate purpose
Parish fails to get quashed aligned core strategy adopted by three councils
Claimant parish argued that inspector's report was deficient but High Court judge ruled she adopted "legally tenable" approach
Crown Court orders third party to contribute to costs of planning prosecution
Non-defendant layperson, who exhibited "serious misconduct" at various stages during proceedings, ordered to pay £14,000 contribution. Order thought to be first obtained within England and Wales, specifically in planning enforcement context
Council fails in bid to get compensation for girl damaged by mother's drinking
Supreme Court refuses local authority permission to appeal in legal proceedings brought by the council in bid to establish that mother of girl born with Foetal Alcohol Syndrome had committed a crime by drinking heavily during the pregnancy
Existing guideline hourly rates to stay "for foreseeable future": Lord Dyson
Master of the Rolls said GHRs to remain component of assessment of costs. Decision follows discussions with Law Society and Government, and lack of evidential base to make changes
MAKE YOUR NEXT MOVE: Click here to find out what living and working in Herefordshire - emerald in the crown of England - would be like for you. Herefordshire Council is looking for: Principal Lawyer - Commercial; Principal Lawyer - Commercial Property; and Senior Solicitor - Adults (£5,000 'golden hello' for successful candidates plus £5,000 relocation package plus market supplement paid where appropriate). Closing: 30 April.
There are also some excellent roles for childcare lawyers:
Other top jobs on Local Government Lawyer this week:
To see all roles on LGL, click here.
MORE NEWS STORIES....
Union demands council implement EAT ruling on overtime and holiday pay
GMB union says borough must implement Employment Appeal Tribunal Bear Scotland ruling on overtime and holiday pay, ahead of planned demonstration by refuse workers
Council defends High Court claim over care accommodation rates
Local authority wins High Court battle over rates it set for provision of residential care accommodation in 2013/14
Supreme Court to rule next week in landmark licensing fees dispute
Judgment in Hemming case could have major ramifications for the ability of local authorities and other regulators to charge fees for licences
Battle over cuts to youth services to reach Supreme Court next week
Supreme Court to hear challenge to Court of Appeal’s decision not to give claimant any relief despite ruling that 70%-plus cut to youth services was unlawful
Council defends decision-making ahead of legal action over museum closure
Volunteer at museum to launch judicial review proceedings
Councils missing legal time limits on home adaptations for disabled: report
Nearly two thirds of councils (62%) are failing to complete home adaptations for disabled people within the one-year legal limit, research by Leonard Cheshire Disability suggests
Barnet Homes awards law firm £560k contract for housing and tenant support
Judge & Priestley chosen to provide housing and tenant legal support and advice on disrepairs and leasehold management
DAC Beachcroft promotes public law specialist Ros Ashcroft to partner
Criminal law specialist elected Deputy Vice President of Law Society
See all of our most recent news stories
TOP INTERIM ROLES: Property Lawyer/Team Leader, Commercial Contracts and Procurement Lawyer and Childcare Lawyer. Find more jobs here.
EVENT OF THE WEEK: 39 Essex Chambers: State Aid Modernisation and Recent Cases: A Changing World? - London - 29 April.
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New articles on Local Government Lawyer
How not to conduct care proceedings
The wise lawyer does not build his house upon the sand no matter how established the beach is: senior family judges have issued a timely reminder on evidence, threshold and compliance, writes Stephanie Townsend.
An Advocate General at the Court of Justice of the European Union has issued an opinion in the key case on local authorities' ability to charge for the provision of property search information. Timothy Pitt-Payne QC looks at the ramifications.
Last month the Local Government (Religious Observances) Act received Royal Assent. Graeme Creer looks at the latest development in relation to council prayers.
Deprivations of liberty and children
When is a deprivation of liberty not a deprivation of liberty? When the parents of a 15 year old agree to it. Bridget Dolan and Sarah Simcock analyse a recent High Court ruling.
No second bite at the cherry
A defendant to possession proceedings failed in a High Court challenge to a decision on capacity. Dean Underwood explains why.
POSHFA 2013: 18 months on
Trevor Watt reviews the operation of the Prevention of Social Housing Fraud Act 2013 and considers why enforcement is patchy.
The rise of the public sector companies
Azhar Ghose considers the factors which make the difference between a public sector company succeeding and failing.
Constructive knowledge of disability
Reasonable, not perfect, efforts are required to avoid having constructive knowledge of disability, the Employment Appeal Tribunal has ruled. Simon Lambert reports.
The latest blogs...
Miscellaneous NSIP happenings by Angus Walker
While the political parties ague about particular projects and types of infrastructure in their manifestos, there’s not much actually happening on the policy development front. Here is a round-up of news on nationally significant infrastructure projects (NSIPs).
New webinars on Local Government Law TV
|Procurement Masterclass - The Tyranny of the "Sausage Machine"
||Michael Bowsher QC provides a personal view of some of the problems that the process-focused approach to public procurement is creating, and suggests some ways that lawyers can help achieve some of the social benefits it was intended to provide.
|New Delivery Models: Managing Governance in a Diverse Landscape
||As the number of new, and proposed, models for the delivery of public services continue to multiply, this course looks at the governance issues they create and how local authority lawyers and senior managers can manage an increasingly diverse landscape.
Catch-up on recent articles on Local Government Lawyer:
Adult Social Services: All change at the Court of Protection (Part 1)
Major changes are taking place in the process of the Court of Protection. The team at 39 Essex Chambers
outline the key developments.
Children: Age disputes and leaving care obligations
The Court of Appeal has considered local authorities’ obligations to migrant children and young persons turning 18, in the context of age disputes. Eirwen Pierrot
Children: Re S: care cases and costs in the appellate court
The Supreme Court has recently examined the principles and law in relation to costs in the appellate court in cases concerning children. Kate Makepeace Grieve
analyses the ruling.
Children: Re L: Practice guidance
summarises recent guidance from the Family President on bundles and translating documents.
Education: School transport judgment arrives
analyses a High Court ruling on a challenge to a council’s policy of only providing transport to eligible children at the beginning and end of the normal school day.
Education: International students: staying onside
The LexisPSL Immigration
team look at the impact of changes to the regime governing Tier 4 (General) sponsors and review the case law around revocation action by the Home Office.
Employment: General Election: employment law proposals
looks at the key proposed changes to employment law that the different major political parties have indicated in their election manifestos that they would intend to introduce were they to be in government following the general election.
Employment: TUPE, service provision changes and more than one client
The Employment Appeal Tribunal has ruled that a service provision change can occur under TUPE where there is more than one client. Simon Lambert
Governance: Data retention and human rights
A recent Supreme Court ruling has significant implications for public bodies' data retention policies and practices, writes Emma Godding
Governance: Going into 'purdah'
sets out some of the key issues in relation to local authority decision-making during the pre-election period.
Healthcare: Patients in mental hospitals and voting
With the forthcoming General Election, issues are likely to arise regarding the ability of patients to vote. Andrew Parsons
summarises the Statutory Regulations.
Housing: Councils building houses: thinking beyond the box
sets out the potential delivery structures for councils looking to embark on new house building.
Information Law: The Secret(-ish) Diary of Andrew Lansley (aged 58 1/4)
The Department of Health has lost an appeal to the Upper Tribunal over an Information Commissioner’s Office order that it disclose most of the information it withheld from a former Secretary of State’s ministerial diary. Christopher Knight
examines the ruling.
Litigation: QOCS and fundamental dishonesty
reports on one of the first cases where qualified one-way costs shifting was disapplied after the court found that the claimant's claim was on the balance of probabilities "fundamentally dishonest".
Litigation: Woodland v Essex CC – the case continues
In the Woodland
case the Supreme Court ruled that a local authority could owe a non-delegable duty of care in relation to the conduct of school swimming lessons. Malcolm Johnson
reports on what happened next in the case.
Planning: Good faith and planning enforcement
Does good faith still have a role within planning enforcement? David Bird
analyses a recent High Court ruling.
Planning: Key changes to EIA and CIL
Important changes in relation to environmental impact assessments and the community infrastructure levy have come into force. Victoria Hutton
explains their significance.
Procurement: Record keeping and challenge risk
and Tim Dennis
consider the new reporting and documentation requirements imposed by the Public Contracts Regulations 2015 and the care required in the creation of documents throughout a procurement process due to the risk of disclosure in subsequent legal challenges.
Procurement: The rule against penalties: top tips
and Daniel Newbould
examine some of the thorny issues around the rule against penalties in commercial contracts.
Procurement: Do we really have to? Afraid so!
The Public Contracts Regulations 2015 impose an obligation to post contract award information for below-threshold contracts on the Contracts Finder website. Jenny Beresford-Jones
examines the requirement and the likely consequences of a failure to comply.
Projects: What the manifestos say about infrastructure and planning
reports on what the manifestos of the main parties say about infrastructure and planning, and issues such as airports, onshore wind, HS2 and planning appeals in particular.
Property: Section 123 Local Government Act 1972...again!
analyses why the latest Administrative Court case relating to s. 123 of the Local Government Act 1972 was an unusual one.
Regulatory: Commencing criminal proceedings correctly
All criminal cases begin in the magistrates' court however serious the offence. The LexisPSL Corporate Crime team
set out the correct steps that need to be taken when commencing proceedings in these ways.
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