Local Government Lawyer
 

Lexis 200 wide

£15 for a few minutes of your time

We are seeking your opinions on legal information products and particularly LexisNexis products. Complete this survey and receive a £15 Amazon voucher or have LexisNexis make a £15 donation to charity*. You do not have to use a LexisNexis product to qualify for the survey. CLICK HERE TO TAKE THE SURVEY

*Donations will be split between ECPAT UK, Trinity Hospice and Children of Fire.


JOBS OF THE WEEK: North Hertfordshire is hiring an Advisory and Litigation Lawyer and a Contracts Lawyer (£32,721-£44,136 pa). This is an exciting time to join the council, with the district set to grow.
NEWS HEADLINES

ProjectsPossession order "not needed to evict from Part VII accommodation"
Relief for local authorities as majority of Supreme Court say order not needed to evict those given interim accommodation while enquiries made. See also: Supreme Court rejects human rights challenge over rule on notices to quit Longstanding rule in Monk not incompatible with European Convention on Human Rights

Judge blasts lack of judicial resources to meet care proceedings timings
High Court judge refused to embark on final hearing in complex child care case, blames Parliament and Government for failure to provide judges with resources to meet new deadlines

Court of Appeal holds unlawful part of allocation scheme adopted by council
Setting of qualification criteria was subject to 'reasonable preference' duty

First full, three-way integration of councils gets green light from councillors

Legal and governance to be among first services to be shared

President of LLG stands aside pending outcome of appeal in employment costs
County council lost employment case brought by senior lawyer

Landlord ordered to pay £280k after breaching enforcement notices on flats
Defendant had built outbuilding and converted it into six small flats without obtaining planning permission


ALMO defeats challenge to increase in cost of discretionary leasehold services
Annual charge had been raised from £50 to £190 to cover costs


Judge rejects attack on planning permission for incinerator in London
High Court judge rejects claim that council erred in consideration of "very special circumstances" required by NPPF for grant of permission on Metropolitan Open Land

Environmental health team prosecutes unlicensed tattooist for inking 13-year-old girl

APPLY TODAY: The closing date for the role of Senior Solicitor - Planning & Environmental at Southampton is Monday, 17 November. There are other fantastic job opportunities at the moment: INTERIM ROLES: Commercial Contracts Lawyer, Planning Solicitor, Childcare Lawyer, Newly Qualified Planning Lawyer and Adults Lawyer. To see all roles on LGL, click here.
MORE NEWS STORIES....

Tougher sentences proposed for health and safety, food safety offences
Sentencing Guidelines Council suggests fines of up to £20m for corporate manslaughter and £10m for fatal health and safety offences

Communities Secretary ends corporate governance intervention in council
Move comes now Doncaster Children's Services Trust is fully up and running

Consultation on light-tough regime for alcohol sales by community groups
Community and Ancillary seller's Notice would also apply to providers of overnight accommodation such as a B&B

City council rejects application by Wetherspoons to vary licence
Operator sought to reduce hours for as long as late night levy applies

Guidance published for litigation friends on workings of Court of Protection
Document was commissioned by Department of Health for IMCAs, RPRs, other non-legal advocates and family members or friends

Welsh Government consults on draft regulations for Welsh language students
First Minister hails "clear legal rights" in drive to improve services


Health Secretary breached equality duty in regulations for charging overseas visitors
Claimant would have qualified for Home Office support but for fact he was disabled, which meant support had to come from local authority

Law change so that 17-year-olds in police custody treated as minors
Campaign means 17-year-olds will be placed in local authority care, not in overnight detention

Inspectorates call for less bureaucratic approach to DoLS in Wales

DCLG to pursue deemed discharge of conditions despite council opposition


Housing association names four firms to £2.4m legal services framework

See all of our most recent news stories
EVENTS OF THE WEEK: ADULT CARE LAWYERS: There is just a week left to complete our survey on the Care Act 2014. You can remain anonymous and you will be entered into a draw for a £50 John Lewis voucher. The survey takes no more than 15 minutes.

FEATURED SUPPLIER: Legal Document Translation provide you with a proven, trouble-free translation process. We work for local authority legal departments throughout the UK.
New articles on Local Government Lawyer

NoonWhat is a “dwelling”?
Matt Hutchings and Nicola Margiotta discuss the recent Supreme Court decision on eviction from 'interim accommodation' provided under Part VII of the Housing Act.

A strict test for compliance: access to information requirements
The High Court has quashed planning permission for a wind turbine because the council involved failed to make information available beforehand, in breach of its legal obligations. Jon Baines reviews the case.

Highway agreements, adoption and liabilities
A Court of Appeal ruling has raised the significance of negotiating s. 38 highways agreements, writes Antonia Murillo.

Contract variations
The new Public Contracts Regulations 2015 look to codify the law on contract amendments. Katie Bray considers the provisions and principles.

Service charge consultation back on track
The Court of Appeal has handed down an important ruling on the obligation on landlords to consult tenants when proposing to carry out sets of 'qualifying works'. Ranjit Bhose QC analyses the judgment.

Binding communications about pay
Can an employer be contractually bound by the communications of an HR consultant? Yes, said the Employment Appeal Tribunal in a recent case involving a local authority, writes Michelle Bowen.

Holiday pay and overtime
The Employment Appeal Tribunal has handed down an important judgment on the calculation of holiday pay and whether it should include overtime payments. Sarah Lamont looks at the key points.

Revised s. 182 guidance from the Home Office
Andy Woods looks at the revised guidance issued by the Home Office under Section 182 of the Licensing Act 2003 and in particular in relation to cumulative impact policies.

The limits of paternalism
The Court of Protection team at 39 Essex Street look at the lessons from a High Court ruling in a case where a local authority sought declaratory relief sanctioning of a birth plan in respect of a vulnerable adult.

Demystifying State Aid
Local Partnerships has been working with a law firm to develop a state aid flow wall chart to assist public bodies. Rob Hann explains why.

Keeping the NHS in public hands
A group of bodies including NHS England has put forward proposals to meet an expected £8bn funding gap for the NHS. Jeanette Whyman analyses the plans.


New courses on Local Government Law TV

All courses are CPD-qualifying. Your first course is FREE.
 

Whistleblowing in the Public Sector £25.00 This presentation examines the effect of the law(s) intended to facilitate whistleblowing and to protect whistleblowers, and provides guidance to public authorities on how to prepare for and respond correctly to a disclosure.
Overage - Preserving Value £25.00 This webinar introduces the viewer to the concept and practice of overage, its pros and cons and compares its use with other methods of retaining an interest in the future value of property assets.


Departmental subscriptions from £249 + VAT for 12 months unlimited access (LLG members). Click here for details.


The latest blogs...
Supreme Court case may affect pre-application consultation by Angus Walker
This entry reports on the first Supreme Court case on consultation, which may have implications for pre-application consultation under the Planning Act 2008.

Walney wind farm gains consent as A160 breaks records

Been away? Features on Local Government Lawyer recently include:

Adult Social Services: Capacity and s. 117 MHA: now and in the future
Two county councils recently fought a High Court battle over capacity and s.117 MHA 1983. The Court of Protection team at 39 Essex Street analyse the ruling and look at the future under the Care Act.

Children: Childcare proceedings, legal aid and proper representation
Last month the President of the Family Division said the state had "washed its hands" over a lack of legal aid for parents with learning disabilities who faced the removal of their child. Allan Norman analyses the ruling.

Children: Food, Glorious Food
Aimee Fox provides an update on new regulations on school lunches.

Community Safety: Anti-Social Behaviour – the new reforms
In this first of two articles Andrew Lane looks at the new ASB “tools” introduced by the Anti-social Behaviour, Crime & Policing Act 2014.

Employment: Shared parental leave and pay
Graham Richardson looks at the new statutory provisions on shared parental leave and pay, due to come into force on 1 December 2014.

Governance: Consultation – safe passage across the Grimpen Mire
The Supreme Court recently considered for the first time the public law principles in relation to consultation. Nicholas Dobson examines the outcome.

Healthcare: The Nearest Relative and requests for discharge
The Court of Appeal has clarified important issues in relation to the service by a nearest relative of a request for discharge under the Mental Health Act, writes Michael Paget.

Housing: Out of borough placements: Nzolameso v City of Westminster
The Court of Appeal recently rejected a challenge by a homeless mother to a London borough's offer of temporary accommodation near Milton Keynes. Ian Peacock explains why.

Licensing: Closing time?
John Gaunt reports on two important measures in the Anti-Social Behaviour, Crime and Policing Act 2014 that affect the licensing industry.

Litigation: Varying a Part 36 offer – All or Nothing?
The defendant in a recent personal injury case successfully varied its part 36 offer, but it is a risky strategy, writes Jamie Whaling.

Planning: Ground (f) appeals and planning enforcement
The Court of Appeal has ruled on the scope of ground (f) appeals in planning enforcement appeals and of the deemed planning permission under s.173(11) in cases of under-enforcement. Landmark Chambers summarises the case.

Procurement: Insights into evaluating tenders
A London council recently defended a procurement claim over a housing repairs and maintenance contract worth some £177m. Colin Ricciardello analyses the Technology and Construction Court's ruling and considers the importance of careful debriefing.

Projects: The national planning policy for waste
Ben Sheppard and Philippa Plumtree-Varley consider the outcome of the DCLG consultation on national waste planning policy.

Property: CIL: the clock is ticking
As new 'deadlines' approach for the introduction of the Community Infrastructure Levy, have councils given themselves a health check? Stuart Shortman of nplaw explains.

Snap judgement: Do you expect to be employed within an ABS in five years' time?

- Yes
- No


Click here to vote now

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.
 
  Lawyers in Local Government  (LLG) member authorities Non-LLG Members
Individual subscription £99 (+VAT) £199 (+VAT)
Local authority with up to 10 registered users £249 (+VAT) £495 (+VAT)
Local authority with 11 – 30 registered users £495 (+VAT) £995 (+VAT)
Local authority with more than 30 registered users £649 (+VAT) £1295 (+VAT)
Law firms with up to 20 registered users n/a £1750 (+VAT)
Law firms with 20+ registered users n/a £2495 (+VAT)
 
 
 How to register for a corporate subscription
 
Individual subscriptions can be purchased online here

To set up a corporate account please contact Derek Bedlow on 0207 239 4917 or by email 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 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)


Services Directory
 
1KBW
1KBW has a pre-eminent reputation in family law. Our barristers have been at the cutting edge of the development of family law and have been in most of the groundbreaking cases over the last two decades.
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.
In Real Time Translation
In Real Time Translation, a UK Company, provides document translation services, language interpretation services as well as sign language, Braille and other services.
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
MBL Seminars
With over 80+ years of collective CPD experience we have provided learning and development to over 30,000 lawyers and other professionals to date.
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.
 
Copyright © 2014 Local Government Lawyer, All rights reserved.