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MAKE YOUR MOVE: Some fantastic opportunities this week. Staffordshire Moorlands and High Peak Councils are looking for a Corporate Service Manager - Legal and Elections (£49,000 to £65,000 plus relocation and car allowance) and HB Public Law have a range of new opportunities:
Team Leader - Property, Senior Lawyer - Contracts, Procurement & Information, Senior Lawyer - Planning & Regeneration, Senior Lawyer - Property, Lawyer - Adult Social Care, Lawyer - Criminal Litigation, Lawyer - Contracts, Procurement & Information, Lawyer - Employment & Governance, Lawyer - Planning and Regeneration, Lawyer - Social Care, Lawyer - Property, Lawyer - Social Care, Legal Assistant: Commercial Team, Legal Assistant: Litigation and Social Care.

Other superb jobs:
CLOSING TODAY (12 February): Click here to see all posts.

NEWS HEADLINES
Councils behind Orbis Public Law service to develop ABS business case
Four councils behind proposed Orbis Public Law shared legal service are to put together business case for establishing alternative business structure

Ministry of Justice to press ahead with closure of 86 courts and tribunals
Eighty-six courts and tribunals in England and Wales – representing almost a fifth of the total – are to be closed, the Ministry of Justice confirms. Just five of the original 91 identified win reprieve

Court upholds 5-year ASBO preventing harassment of council employees
Administrative Court upholds anti-social behaviour order prohibiting man from engaging in any behavior likely to cause harassment, alarm or distress to any of local authority's employees for five years
 
Gambling Commission wins Upper Tribunal appeal over bingo in pubs
Watchdog wins appeal to Upper Tribunal over whether it acted within its powers in refusing to grant Greene King operating licence to provide commercial bingo in its pubs

User-groups and council in battle over alleged disregard of Care Act duties
Group representing disabled people, Equal Lives, calls on Care Quality Commission to investigate county council for “systemic failures and disregarding its statutory duties under the Care Act”

Browne Jacobson boosts public sector team with hire of ex-head of legal
Law firm strengthens public sector team with appointment of former Head of Legal Services and Monitoring Officer at Cheshire East Council (ON PUBLIC LAW TODAY)

Council fails in bid to have automatic suspension of contract award lifted
North East council fails to persuade High Court judge to lift automatic suspension of contract award under procurement rules

Council hit by interim injunction over tree felling as part of £2.2bn project
Campaigner secures interim High Court injunction prohibiting felling of further street trees in Sheffield by city council or its contractor as part of £2.2bn 'Streets Ahead' project


Wellingborough Homes joins Housing Associations Legal Alliance 
Bond Dickinson bolsters procurement team with legal director
 
DON'T MISS: Learn to manage change in the public sector effectively - LexisNexis is holding a networking event on Continuous Improvement in London on 24 February (6-8 pm). Free to attend but space is limited.

FEATURED SUPPLIER: Lextox Drug and Alcohol Testing is a specialist hair drug and alcohol testing laboratory established in the UK, by experts from within the UK industry to provide the most reliable results, and most responsive, customer oriented service to family law solicitors and child care proceedings.


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MORE NEWS STORIES....

TfL sees off challenge over construction of cycle superhighway
Transport for London defeats High Court challenge brought by taxi drivers over East West Cycle Superhighway

Designated Family Judge in Leicester issues practice guide on use of s.20 CA
His Honour Judge Bellamy issues local practice guide on section 20 of the Children Act 1989, after judicial scrutiny on its misuse by local authorities, and judicial guidance from President of Family Division

Borough to protect housing with cash offer so tenants go to open market
London borough to offer 40 tenants £40,000 cash payment in place of their Right to Buy discount if they purchase new home on open market by 31 March this year

Welsh councils to net new powers as historic environment legislation passed
National Assembly for Wales passes legislation designed to improve protection and management of country’s historic environment

Cabinet Office issues guidance on ‘anti-lobbying’ clauses
Guidance issued to Whitehall departments on implementing new clause that bans recipients of grants from using these funds to lobby government and Parliament

Ministers go ahead with devolution of Sunday trading powers to councils
Government to press ahead with plans to devolve to local authorities power to extend Sunday trading hours

See all of our most recent news stories
TOP INTERIM ROLES: Senior Commercial Contracts Lawyer (South West), Prosecutions Solicitor (Middlesex), Contracts Locum (Yorkshire),  Property Locum (East Anglia), Contracts Lawyer (Hertfordshire) and NQ Solicitor (West Midlands).

Click here to see all roles and here to sign up to our job alert.

 
KEY EVENTS: The 11KBW Community Care Roadshow in Manchester on 29 February, Newcastle on 4 March and London on 9 March. Speakers include: Charles Bourne QC, Andrew Sharland, Jonathan Auburn.

Two new events from Cornerstone Barristers: Health & Social Care 360° in London on the 26th March and Selective/Additional licensing and HMOs Seminar in London on the 26th February.

See also:
Click here to see all training and events or click here to join the mailing list.

European State Aid Law and Policy Third Edition Conor Quigley
New articles on Local Government Lawyer

Selling your services
Iain Miller deals with the question of what is permissible under the SRA's Handbook and the Legal Services Act 2007 for those local authorities looking to sell their services more widely.

Retail planning conditions and the Trump case
A High Court judge has upheld a retail planning condition and examined the application of the Trump case in the Supreme Court. Douglas Edwards QC and Sarah Sackman look at the key issues.

Care Act conundrum: recovering care home fees
Has the Care Act granted an amnesty on care home fees? Jonathan Auburn reports

Fuel on the fire
A restauranteur has recently lost an appeal over the revocation of the licence for a venue that was previously a petrol station. Philip Kolvin QC explains why.
 
Nursing care in care homes: who pays?
The Court of Appeal was recently divided over the meaning of ‘nursing care by a registered nurse’ under s.49 of the Health and Social Care Act 2001. Richard Gordon QC, Emily MacKenzie and Tom Pascoe report.
 
Bedroom tax challenge success
The Court of Appeal recently ruled that the so-called 'bedroom tax' was unlawful in its impact on victims of domestic violence and disabled children. Michael Deacon examines the judgment.
 
Pooling contributions
Graham Cridland examines some of the issues around Regulation 123 of the Community Infrastructure Levy Regulations 2010.
 
ON PUBLIC LAW TODAY
 
Occupational rights, terminating tenancies

The Court of Appeal has provided clarification on whether a spouse who remains in the matrimonial home has continued rights of occupation if their partner has left the home and terminated the tenancy. Bukola Aremu analyses an important ruling for local authorities and housing associations.

Housing associations and the Right to Rent
John Murray considers the impact on housing associations of the introduction of the "Right to Rent" checks, which became compulsory on 1 February 2016. 


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The latest blogs...
Ministers considered adding fracking to Planning Act regime as appeals start - by Angus Walker
This entry reports on a news story that the Government is considering adding hydraulic fracturing for the extraction of shale gas to the Planning Act 2008 regime for consenting infrastructure projects..
Catch-up on recent articles on Local Government Lawyer and Public Law Today:

Adult Social Services: Capping homecare funding
Has the Care Act changed the legality of policies which cap homecare funding? Jonathan Auburn considers the issues faced by local authorities.

Adult Social Services: Constrained choice can be true choice
The Upper Tribunal has recently considered whether the threat of recall to hospital from the community meant that the patient’s consent was not free and therefore invalid. The Court of Protection team at 39 Essex Chambers analyse the outcome.

Children: Section 20 of the Children Act 1989 – local authority duties
LexisPSL Local Government and Claire Cousin outline a local authority’s duty to provide accommodation to children under section 20 of the Children Act 1989, identifying the challenges a local authority may face including parental consent and capacity.
 
Children: Problems with a fact-finding hearing
The Court of Protection team at 39 Essex Chambers look at the lessons from a Court of Appeal ruling that a judge’s fact-finding exercise was fatally flawed.

Education: Wearing the veil in schools
The debate on the wearing of the veil in school continues, with the head of Ofsted the latest to weigh in. Clive Sheldon QC looks at the legal background.

Education: Loans and students not settled in UK
Rachel Kamm reports on the latest instalment in a long-running tale about students who are not eligible for student loans because of their immigration status. (ON PUBLIC LAW TODAY)

Education: Unauthorised absence from school
What happens if a parent refuses to pay a penalty notice for their children's unauthorised absence from school? The LexisPSL Local Government team sets out the key points.

Employment: Can you speak English please?
A recent Employment Appeal Tribunal decision revisited the question as to whether an employer can instruct employees not to speak in a foreign language at work. Sejal Raja and Michael Pine examine the judgment. 

Employment: On message?
The European Court of Human Rights has found that an employer was entitled to access an employee’s private Yahoo! messages (and to sack him). Robin Hopkins analyses what the ruling means in practice.

Employment: TUPE and tasks of short-term duration
The EAT has provided guidance on whether post-transfer events can be taken into account when deciding whether to apply the exemption from the TUPE Regulations for tasks of "short-term duration". Anne Palmer reports.

Governance: Devolution Act gets Royal Assent
Legislation aimed at delivering the Government's devolution agenda has received Royal Assent. Judith Barnes sets out the key measures.

Governance: The revised consultation principles
The Cabinet Office has issued a revised set of consultation principles. Stuart Thomson looks at the key changes.

Governance: 15 years of the Human Rights Act
Has the Human Rights Act 1998 been successful? With the legislation turning 15, Stephen Grosz QC talks to LexisNexis about the past, present and future.

Healthcare: Corporate manslaughter and public bodies
The first prosecution of an NHS Trust for corporate manslaughter collapsed last week. Tracey Longfield and Colin Moore explain what the case tells us. (ON PUBLIC LAW TODAY)

Healthcare: Capacity at the limits
A Court of Protection judge recently had to rule on whether a woman had capacity to decide whether or not to accept life-saving renal dialysis. The CoP team at 39 Essex Chambers examine the judgment. (On Public Law Today)

Healthcare: When medical treatment becomes a crime
A recent case highlighted the rare circumstances in which a doctor can be convicted of gross negligence manslaughter. Majid Hassan, Joanna Bower and Ed Mellor consider the criteria needed to establish this offence. (ON PUBLIC LAW TODAY)

Housing: EEA nationals and social assistance
The Supreme Court has issued a ruling on claims brought by two EEA nationals to claim social assistance in the UK. Riccardo Calzavara analyses the judgment. 

Housing: Homelessness: the elderly and vulnerable adults
LexisPSL Local Government and Elizabeth England set out the duties owed by local authorities to those presenting as homeless, and the particular issues that affect elderly and vulnerable adults.

Information Law: Data breach notification and the new EU Data Protection Regulation
Ibrahim Hasan looks at what the new EU Data Protection Regulation says about data breaches and the need for data controllers to notify.

Information Law: The New EU Data Protection Regulation
The introduction of a new EU Data Protection Regulation has moved a significant step closer. Ibrahim Hasan highlights the key points.

Information Law: In theory - local authority data retention
What are a local authority’s data retention obligations? John Atkinson talks to LexisNexis about at the practical steps councils should consider taking to ensure they do not fall foul of their legal obligations with regards to data retention schedules.


Licensing: The cumulative impact policy in Leeds
Is Leeds’ new Cumulative Impact Policy the way forward? Paddy Whur reports.

Licensing: Exempt lotteries and deregulation
The long-awaited relaxation of rules on exempt lotteries has finally been announced, writes Anna Mathias.

Litigation: Early neutral evaluation
Changes to civil procedure rules mean greater use could be made of Early Neutral Evaluation, writes Marie-Claire O'Hara

Litigation: When experts go wrong
Marie-Claire O'Hara and Michael Fallow report on a sorry tale from the Technology and Construction Court about when being an expert goes horribly wrong.

Management: Shared services: key issues
LexisPSL Local Government, Peter Ware and Angelica Hymers consider the statutory powers available to local authorities to provide shared services, the risks associated with exercise of those powers, and how delivery of shared services can be achieved.

Planning:
How simple are Simplified Planning Zones?
Sheridan Treger examines why some local authorities promote Simplified Planning Zones and what this means for buyers and lenders of property.
 
Planning: Drafting enforcement notices
The High Court recently quashed an inspector’s decision to uphold an enforcement notice relating to the disposal of waste. Jack Parker explains the importance of the ruling.

Planning: The trials and tribulations of planning challenges
Antonia Murillo and Sara Wex look at planning statutory reviews and how they differ from judicial reviews

Procurement: The ESPD: what do you need to do?
The European Single Procurement Document came into force from 26 January 2016. Ruth Smith explains what it entails and the issues that remain unresolved.

Procurement: Conflicts of interest and procurements
A Court of Justice of the European Union ruling provides local authorities with some useful hints and tips for dealing with any conflicts that arise in their own procurement exercises. Carroll Dodd explains.
 
Projects: Sweating your assets
How can local authorities get more from their assets without selling off the family silver? Owen Willcox explains.

Projects: State aid - beware compound interest!
A recent case from the European Court of Justice (CJEU) serves as a useful reminder of the risks of getting state aid wrong and the consequences of a recovery order, writes Robert Prater.

Projects: Comparing project management methodologies
LexisPSL Public Law and Andy Cooke of PA Consulting Group compare three project management methodologies – PRINCE2®, PMBOK® and Agile. 

Property: Public law defences and sales of land
Amanda Eilledge explores the availability of public law defences and promissory estoppel in the context of a contract for the sale of land.

Property: Breaking point
The Supreme Court has put an end to the confusion over break clauses, apportionment and implying contractual terms. Martin McKeague and Emma Porritt look at the key lessons from the ruling.
 
Regulatory: Environmental damage: What does this really mean?
For the first time, the High Court has considered in detail the scope of the concept of "environmental damage" under the Environmental Liability Directive and its associated regulations. Emma Duffy and Rebecca Roffe report on the outcome.

Transport: TfL and roads in the capital
A High Court judge has ruled on a dispute over the extent of Transport for London’s interests in London’s roads. Charles Banner reports on the outcome.
Name Price (ex-VAT)   Description
Housing: Key Developments in 2015 £25.00 Ranjit Bhose QC, Dean Underwood and Tara O’Leary present an update on key developments in housing law, focusing on recent changes to the right-to-buy regime, judicial alterations to allocations policies and welfare reforms.
Implementing the Care Act: Legal issues for local authoritie £25.00 This presentation looks at potential consequences of a number of key aspects of Care Act 2014 and outlines how local authorities can avoid or mitigate the potential issues it creates.
The Importance of Judicial Review £25.00 This presentation draws on legal and empirically based research on the use and effects of judicial review (JR) to consider why and how this process matters to local authorities and whether the process improves the quality of decision-making.
Achieving Better Ethics Across Public Service Provision £25.00 David Prince CBE, independent member of the Committee on Standards in Public Life, outlines his organisation's proposals for ensuring that outsourced providers of public services are subject to the same ethical standards as public sector organisations.
Procurement and State Aid Reforms – The Commercial Impact £25.00 This course investigates how the new procurement rules and changes to the state aid regime will practically affect local authorities investors in public service delivery, trade in services or generally act as a catalyst in economic development.

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