Local Government Lawyer
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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: 
NEWS HEADLINES

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 - CommercialPrincipal 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 WEEK39 Essex Chambers: State Aid Modernisation and Recent Cases: A Changing World? - London - 29 April.

FEATURED SUPPLIER: A&M Bacon are an independent leading firm of Costs Lawyers specialising in Defendant costs for both paying and receiving costs matters. We successfully negotiate settlement of legal costs saving our clients both time and money.

New articles on Local Government Lawyer

NoonHow 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.

Searching questions
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.

Pray continue
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

 

Name Price (ex-VAT)   Description
Procurement Masterclass - The Tyranny of the "Sausage Machine" £25.00 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 £25.00 Weightmans 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 reports.

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
Andrew Venables summarises recent guidance from the Family President on bundles and translating documents.

Education: School transport judgment arrives
Jonathan Moffett 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
Graham Richardson 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 reports.

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'
Olwen Dutton 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
Sarah Lines 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
Chris Booth 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
Ruth Connorton 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
Gwendoline Davies 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
Angus Walker 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!
Nathan Holden 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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Services Directory
 
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
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.
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
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
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
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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