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APPLY TODAY: Legal Services Lincolnshire has some exciting opportunities to work in the historic cathedral city of Lincoln: Senior Lawyer - Civil Litigation (£37,306-£41,967) and Lawyer - Adult Social Care (£33,437-£37,306). Relocation expenses may be available.

JUST IN: on Public Law Jobs this week:
LOOKING FOR A TRAINING CONTRACT? Apply to Tower Hamlets.
 
NEWS HEADLINES

MPs launch inquiry into overview and scrutiny in local government
Communities and Local Government Committee establishes “long-overdue” inquiry into overview and scrutiny in local government

Borough nets permission for judicial review of decision by minister to reject CPO
Southwark secures permission for judicial review of Communities Secretary’s decision to turn down compulsory purchase of eight remaining properties in first phase of key regeneration project. Council had initially been refused permission on the papers

Judge rules human rights claim against council out of time
Man unable to bring human rights claim against local authority because of length of time taken to launch action on his behalf, High Court rules

High Court orders release of woman jailed for non-payment of council tax
Judge releases woman jailed for failing to pay council tax, saying she should not have been imprisoned

VWV secures major boost to local government team with Heath hire
Veale Wasbrough Vizards strengthens its local government practice with hire of Mark Heath, former Chief Operating Officer and Head of Legal at Southampton City Council, as consultant (ON PUBLIC LAW TODAY)
MUST-READ: Engaging consultants for public contract specification
What steps/issues should a contracting authority consider when engaging a consultant to help develop a public contract specification? LexisPSL Public Law, in partnership with Peter Ware of Browne Jacobson LLP, explain.
Court of Appeal delivers landmark ruling in 'state detention' inquest case
Woman with learning disability who died whilst in intensive care unit of hospital was not in ‘state detention’ and so inquest with jury not required, Court of Appeal rules

Weightmans and Ward Hadaway confirm merger discussions
Law firms confirm they are holding “informal talks” about possible tie-up

Council defeats challenge over decision not to take quarry enforcement action
Cornwall Council successfully defends High Court challenge to its decision not to take enforcement action in respect of unauthorised development at quarry in Cornwall Area of Outstanding Natural Beauty

Invicta Law eyes digital future with Peppermint Technology deal
“In future, we will no longer have a legal business that happens to use technology; instead, it will be a digital business that happens to do law,” chief executive of Invicta Law, Kent's legal services trading arm, predicts (ON PUBLIC LAW TODAY)
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MARKETPLACEKennedy Cater

Fire authority names three council teams and one firm to framework
Landlord and tenant specialist Agnihotri joins Arden Chambers
Invicta Law eyes digital future with Peppermint Technology deal
VWV secures major boost to local government team with Heath hire

MORE NEWS STORIES

Supreme Court to hear term-time holiday case next week

Expedited hearing to be held next week in high-profile unauthorised school absence case involving Isle of Wight Council
 
Hospital obtains court order to evict man who refused to leave
Hospital in Norfolk forced to obtain court order evicting man who it claimed had been unnecessarily occupying bed for more than two years

City council hails dismissal of judicial review over £44m stadium project
City of York welcomes court’s dismissal of judicial review challenge brought by cinema operator over grant of planning permission for £44m stadium development

See all of our most recent news stories

LOCUM JOBS OF THE WEEK:
Head of Legal and Democratic Services (East of England) and Principal Solicitor (Merseyside).

DPS
EVENTS
Bus Services and Discrimination Law - FTB (free-of-charge). London. 1 February.
Commercial Masterclass - Freeths (free-of-charge). Birmingham - 7 February. Nottingham - 27 February.
Community Care & COP/DOL: Two Half Day Seminars - 11KBW. Manchester. 22 March.
Annual Education Conference for Schools and Universities - 11KBW. Leeds. 23 February.
Environmental and Planning Law Seminar - 3PB. Southampton. 13 February.

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LATEST LOCUM ROLES: Property Lawyer (East Anglia), Adult Social Services Lawyer (East Sussex),  Civil Litigation Lawyer (West Midlands), Housing Litigation Lawyer (Warwickshire), Commercial Contracts Locum (Shropshire), Childcare Solicitor (Lincolnshire), Education Paralegal (Birmingham), Planning Lawyer (London) and Legal Assistant - public sector (Warwickshire).

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MORE NEWS STORIES

Council prosecutes owner of listed building over condition of property
District successfully prosecutes owner of listed building over poor condition of property and failure to comply with s.215 notice

Fears of “race to the bottom” with competitive tendering for housing contracts
Law Society says it has “considerable concerns” about Legal Aid Agency's proposed introduction of price-competitive tendering for housing possession court duty schemes

Resident crowd funds legal action over permission for flats in historic area
Local resident launches crowd funding appeal to raise money to take Plymouth City Council to judicial review over planning decision affecting city’s historic Hoe area
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Objective Connect
This week's analysis

Housing estate regeneration and CPOs
Chris Skinner examines the vital role for compulsory purchase in the regeneration of housing estates.
 
Restrictive covenants and planning permission
Brendon Lee analyses the role of planning permissions in the removal of restrictive covenants.
 
Tackling bed blocking
With a hospital recently forced to obtain a court order to evict a patient, Kiran Bhogal, Emma Stockwell and Joanna Trewin consider the legal issues around bed blocking.

Settling public law claims
A recent High Court judgment on the settlement of public law claims and which party should pay costs is a victory for common sense, writes David Lintott.
 
Dismissing or withdrawing?
The Court of Protection team at 39 Essex Chambers consider the first reported judgment to consider the new Rule 87A on obtaining the court's permission to withdraw proceedings.
 
Procedural failings and gross misconduct
Brian Gegg examines a recent Employment Appeal Tribunal ruling on the impact of procedural failings on the fairness of a dismissal for gross misconduct.

Disclosing information on TUPE-transferred staff
Can you be ordered to disclose information about staff who have TUPE transferred to another employer? Allison Cook reports on a recent Employment Appeal Tribunal ruling.



BLOGSAngus Walker

Endorsed recommendations are back in NIC framework - by Angus Walker
Amid the Supreme Court Brexit hoo-ha, the government and the National Infrastructure Commission each published a document.

Six-month application gap
The last application for a nationally significant infrastructure project (NSIP) was made on 19 July 2016.... This is the longest gap between applications since the first application was made in August 2010.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:

Adult Social Services: When to commit
The Court of Appeal recently expressed deep concern at the jailing of a woman who refused to comply with a welfare order in relation to a man she moved to Portugal. The Court of Protection team at 39 Essex Chambers reports.

Adult Social Services: Applications to the Court of Protection and s.21A MCA
When is an application to the Court of Protection under s.21A of the Mental Capacity Act required? Baker J has answered this question and provided some practical guidance in a long-awaited judgment. Claire Leonard reports.

Adult Social Services: The Care Act and the need for accommodation
The High Court has confirmed that a need for accommodation alone does not amount to a need for care and support under the Care Act 2014. Eleanor Sibley examines the ruling.

Adult Social Services: The Court of Appeal on state imputability and 'private' deprivations of liberty
A local authority has successfully resisted a Court of Appeal challenge brought by the Justice Secretary in a state imputability case. Nageena Khalique QC explains the ruling.

Children: Honour-based violence and forced marriage in public law proceedings
Practitioners should be alert to issues that may arise in cases where honour-based violence is considered a risk by the local authority, particularly when forced marriage is considered to be a real possiblity, write Francis Wilkinson and Lauren Suding.

Children: Unaccompanied asylum-seeking children – the local authority conundrum
Ken Slade and Morris Hill examine local authorities’ statutory obligations around the complex and highly-sensitive issue of unaccompanied asylum-seeking children.

Children: Section 20 and accommodating children in need with their grandparents
The Court of Appeal recently considered the issue of whether local authorities are required to fund placements of children with relatives where the child’s parents are, for whatever reason, unable to look after them. Andrew Swarland reports.

Children: Age assessments and dental development
The Upper Tribunal has given general guidance on the use of evidence of dental development in age assessment cases. Joshua Swirsky explains the ruling.

Community Safety: Before its time?
Can a local authority use the Anti-social Behaviour Crime and Policing Act 2014 in relation to incidents that occured before the Act commenced? Jonathan Manning reports.

Dispute Resolution: Defending a claim for judicial review
This LexisPSL Public Law checklist, produced in partnership with Stephen Hocking of DAC Beachcroft highlights the key steps and considerations for defending a judicial review claim including preliminary assessment, acknowledgement of service and skeleton arguments.

Dispute Resolution: Commencing proceedings and limitation
A recent decision serves as a timely reminder of the strict approach of the Court to the rules surrounding service of proceedings and limitation, writes Sharon Dysart.

Dispute Resolution: Obvious risks and occupiers' duties
The Court of Appeal recently allowed an appeal by a local authority over an order that it should pay compensation to a claimant injured in a public park. David Williams examines the case.

Education: Grammar schools: back to the future?
Satnam Virdi reviews recent evelopments in relation to grammar schools, including the Government's latest proposals.

Education: Segregation of sexes in school
What are the obligations of schools under the Equality Act 2010? Mark Blois talks to LexisNexis about how a recent high-profile court case has made no change to the core obligations schools are under.

Education: SEN statements and choice of school
What should happen when parents cannot agree on the choice of school in a statement of Special Educational Needs? Joanne Clement looks at recent guidance from the Upper Tribunal.

Employment: Discrimination arising from disability
A recent Employment Appeal Tribunal ruling in a case involving a school run by a city council should act as a warning for employers, writes Eleanor Boyd.

Employment: Officers, relatives and apparent bias
A High Court judge has found decisions tainted by apparent bias where an officer’s husband worked for a rival developer. John Hunter reports.

Employment: Reforms to IR35 for public sector engagers
Lizzie Stone and Ben Watson examine the latest developments in relation to the intermediaries rules and the public sector.

Governance: Promises, promises
In the first in a two-part series David Sykes analyses recent developments in relation to substantive legitimate expectations.

Governance: Devolution and local growth: borrowing powers
There have been suggestions that next week's Autumn Statement may deliver greater flexibility for combined authorities when it comes to borrowing. Judith Barnes looks at the benefits this would bring.

Health: The power to commission PrEP
A Court of Appeal ruling that NHS England had power to commission the anti-retroviral drug PrEP will be welcomed by councils. Monica Blades-Chase explains the judgment.

Housing: Homelessness decisions and the PSED
A recent Court of Appeal ruling on homelessness decisions and the public sector equality duty is a victory for substance over form, argue Kelvin Rutledge QC and Ryan Kohli.

Housing: Moving on out
The Court of Appeal has upheld a ruling on whether landlords are responsible for paying council tax on a property when a tenant has moved out before the tenancy agreement has formally ended. Justin Bates sets out the background to the case.

Housing: Out of the Blue
Scott Greenwood looks at the ramifications for social landlords' use of suspended possession orders after the Court of Appeal's decision in Cardiff County Council v Lee.

Information Law: New directions for Article 10
The European Court of Human Rights has reversed the Supreme Court’s ruling in the Kennedy case on rights of access to information. Richard Clayton QC explains why.

Information Law: The value of FOI
LexisPSL Public Law speaks to Adam Chapman, partner and head of public law at Kingsley Napley, about the potential expansion of the UK’s freedom of information (FOI) regime.

Information Law: Stay ahead of data protection trends
It has been a busy year for anyone looking to stay on top of data protection and privacy law. What are the key risks and developments that public authorities should be keeping in mind going forward? Andrew Gallie explains.

Licensing: The Alchemist of the North
A recent court case has provided a reminder that cumulative impact policies should generally act as a filter and not a bar, writes Philip Kolvin QC.

Licensing: Shisha smoking – a hot topic
Anna Mathias looks at Westminster City Council's approach to controlling shisha smoking and reports on an appeal where the authority has sought to use planning legislation.

Licensing: Licensing and Planning
The operation of premises for licensable activities requires both planning and licensing authorisations. There will be overlaps as issues such as noise nuisance may be considered by both planning and licensing committees when deciding whether to grant authorisations and any conditions to be attached. Prof Roy Light explains.

Management: Better than ever
Jayne Francis-Ward, head of EMLawShare, sets out the highlights from the legal services consortium's fifth conference.

Planning: Outline applications for planning permission
How wide is the scope of an outline application for planning permission? John Pugh-Smith looks at the issues.

Planning: Neighbourhood plans – here to stay
Martin Edwards provides an update on the growing significance of neighbourhood plans.

Planning: Down to basics!
A High Court judge has recently considered a question about the extent to which subterranean development can be carried out relying on the current regime of permitted development rights. John Pugh-Smith analyses the case.

Procurement: Procurement breaches changing the tender outcome
In this LexisPSL Public Law analysis, Fiona Scolding, barrister at Outer Temple Chambers, considers a recent case in relation to damages to be awarded on a procurement claim if the breach would have made a difference to the outcome of the tender.

Procurement: Termination clauses and the Public Contracts Regulations 2015
This LexisPSL Local Government article, produced in partnership with Mark Bassett of Dentons addresses the question of whether contracting authorities need to redraft their standard termination clauses for contracts subject to the Public Contracts Regulations 2015.

Procurement: Local aid is not State aid
Bethan Lloyd examines how local authorities can provide local aid without falling foul of rules on state aid.

Procurement: Trends in procurement
Procurement law continues to develop apace. David Hansom and Robert Prater highlight two significant cases over the past 12 months.

Projects: Estate regeneration and the right to buy
A High Court judge recently dismissed a legal challenge over a Cabinet’s authorisation of the redevelopment of a large housing estate. James Goudie QC explains the ruling, including an important issue in relation to the Right to Buy.

Projects: Time for a review?
Alex Lawrence provides some top tips on how local authorities can go about evaluating the effectiveness of their alternative delivery vehicles.

Projects: Regeneration X: Failed CPOs
The Communities Secretary earlier this month refused to confirm a compulsory purchase order for a key regeneration scheme in London, prompting Southwark Council to announce a judicial review challenge. Simon Ricketts analyses the minister's decision.

Property: CPOs and run-down listed buildings
Chris Skinner examines how effective use can be made of compulsory purchase orders to deal with run-down listed buildings.

Property: Clarity and conduct
The RICS has issued a new edition of its dilapidations guidance note. Sarah Pope examines the key changes.

Property: The rise of the place shapers
Chris Plumley examines the resurgence in public sector real estate.

Regulatory: Accidents and control of premises
James Buchanan and Lewis MacDonald analyse a recent case where the Health & Safety Executive brought proceedings against the freeholders of commercial properties where accidents had occurred.

Transport & Highways: Standards of highway maintenance
This LexisPSL Local Government article, produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors, examines how the quality of highway maintenance required of those responsible for it depends almost entirely on the expected ordinary traffic on the highway in question.
 
Brighton - Contracts & Procurement Lawyer
TLT - Commercial Solicitor - Public Procurement
Legal Services Lincolnshire
Manchester - Head of Development & Investment Legal

LGSS Head of Community Services Law
LGSS - Head of Contracts & Procurement
Islington - Employment Lawyers
Brighton - Childcare Lawyers
Bedford - Principal Property Lawyer

Bedford
Principal Property Lawyer

nplaw - Senior Property Lawyer

nplaw
Senior Property Lawyer

East Herts - Lawyer x 2

East Herts
Solicitor/Lawyer x 2

North Somerset

North Somerset
Litigation Solicitor - part time, maternity cover

Waverley

Waverley
Planning Lawyers: 1FT, 1PT

Tower Hamlets - Trainee

Tower Hamlets
Trainee Solicitor

Poole

Borough of Poole
Solicitor - Social Care

Leicester - Local Land Charges Officer

Leicester
Local Land Charges Officer

Haringey

Haringey
Senior Lawyer - Planning
Senior Lawyer - Litigation (Employment and Education)

LGSS Law

LGSS  Law
Child Care Solicitor
Child Care Paralegal
Paralegal - Contract & Procurement

Shelter

Shelter
Housing Solicitor (Sheffield)
Claimant Housing Litigation Solicitor (Sheffield)
Housing Solicitor (Norwich)

Anthony Collins

Anthony Collins
Corporate & Governance Solicitor - Housing and NfP
Charities Lawyer

Worcestershire

Worcestershire
Solicitor - Child Care

Staffordshire

Staffordshire
Lawyers x 4



Blackpool Council
Property And Commercial Lawyer
St Helena Government

St Helena Government
Crown Counsel - Civil
Crown Counsel - Community Care



Manchester
Lawyer - Children & Families Group Legal
Legal Officer - Children & Families Group Legal

BLM

Solicitor
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