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NEWS HEADLINES

London borough agrees to establish QC-led inquiry into controversial compulsory purchase order

Full council at Lewisham unanimously agrees to set up independent inquiry led by QC to examine matters relating to controversial proposed CPO intended to facilitate major development near Millwall Football Club's stadium

Haringey chooses partner for major regeneration amid legal threats
Cabinet selects Australian developer as its preferred partner for development vehicle that will drive one of country’s largest regeneration programmes, amid threats of legal action

Council succeeds in High Court bid for rectification of waste recycling contract
Local authority persuades High Court to order rectification of major waste recycling contract

London borough demands greater powers over "lawless" shisha cafes
Local authorities must be given more powers to shut down unregulated shisha cafes as loopholes in Government legislation allow venues to reopen “virtually overnight”, Brent Council says
 
Council secures injunction over use of Green Belt land by garden centre
High Court judge grants injunction against garden centre’s unlawful use of Green Belt land

Cornerstone Barristers bolsters planning team with Grant arrival
Edward Grant, specialist in public, planning and environmental law, joins Cornerstone Barristers
MUST-READ: Examining Local Plan reasons
The Planning Court has considered the approach taken by the Inspectors' guidelines to using short form reasoning when reporting on the soundness of development plans. William Upton analyses the outcome.
DON'T MISS: Commercial Masterclass - Freeths. Nottingham, 27 February; Managing Legal Departments - Winmark. London, 6 March.
School governor banned after 'Trojan Horse' affair crowd funds appeal
Man banned from involvement with schools after ‘Trojan Horse’ affair has meets his crowdfunding target to appeal against Department for Education’s ruling

City council settles claim by supported housing company
Council settles litigation that arose from lengthy dispute with local facility that provides supported housing

City council takes legal action over repairs to flagship aquatic centre
Sunderland  issues legal proceedings over remedial works needed for area’s aquatic centre, which is home to only 50m pool in North East

NHSLA fires gun on procurement of £544m legal panels
NHS Litigation Authority begins procurement of legal services framework worth estimated £544m over four years. (On Public Law Today)

Watchdog to investigate Law Society and SRA governance arrangements
Legal Services Board unveils plans to hold formal investigation into governance arrangements between Chancery Lane and Solicitors Regulation Authority

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Cornerstone Barristers bolsters planning team with Grant arrival
NHSLA fires gun on procurement of £544m legal panels
Sharpe Pritchard advises on major fly-tipping prosecution

MORE NEWS STORIES

Campaigners crowd fund £9k ahead of launch of car parking judicial review
Campaigners raise more than £9,000 through crowdfunding in just a few days as they prepare to challenge local authority's grant of planning permission for multi-storey car park

Legal challenge by anti-fracking group to be heard next month
Anti-fracking group’s appeal against government permission for process at Lancashire site will be heard by High Court on 15 March

Supreme Court begins search for two justices and new president
Supreme Court begins selection process for two justices and new president, ahead of Lord Neuberger's retirement in September

Government issues revised transparency principles for contract information
Revised transparency principles issued requiring procurers proactively to disclose contract and related information that may previously have been withheld on grounds of commercial confidentiality

HSE to consult on Fee for Intervention disputes scheme after legal action
Watchdog to consult on making its ‘Fee for Intervention’ cost recovery dispute scheme fully independent, amid reports it has reached agreement with company taking it to judicial review

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MORE NEWS STORIES

Government faces judicial review over contaminated blood payments
Government taken to judicial review over alleged discrimination in its payment scheme for people living with HIV and Hepatitis C virus

Fraud prompts Welsh authorities to review bus company procedures
Local authorities in Wales are working with Welsh government to review procedures with bus companies after director of one such company was ordered to repay nearly £43,000 to Gwynedd

Universities minister to clamp down on "essay mill" websites
Government to look for ways to thwart the growth of ‘essay mills’ - websites that allow students to buy custom-written essays that they can pass off as their own (On Public Law Today)

Ministers take aim at 'boomerang bosses' in fire services
Senior fire officers will be barred from being re-employed in roles similar to those from which they have just retired, Fire Minister Brandon Lewis says
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This week's analysis

The NPPF heads to the Supreme Court
The case of Suffolk Coastal District Council v Hopkins Homes will take the National Planning Policy Framework before the Supreme Court for the very first time. Trevor Ivory and Jim McAvan look at what is at stake.
 
Local plans, neighbourhood plans and timing
Can neighbourhood plans come forward ahead of up to date local plans? Clare Parry reports on a recent Court of Appeal ruling.
 
Housing allocation and the treatment of private sector tenants
Mathew McDermott analyses a High Court case that considered Article 14 ECHR and treating private sector tenants differently from secure tenants for the purposes of a local authority’s Part VI housing allocation scheme.
 
Cheshire West kicked out of acute hospitals?
The Court of Appeal has delivered a landmark judgment on deprivation of liberty in the context of acute medical treatment that will be very welcome for providers of physical healthcare - for now at least. Ben Troke explains.
 
Local government reform in Wales
Gareth Owens, chair of the Wales branch of Lawyers in Local Government, reports on the latest moves towards reform in the sector and the role LLG is playing.

Consistently packing a punch
Vicki Teece looks at the impact of the toughter environmental sentencing guidelines that were introduced in 2014.

Local government standards and litigation costs
Claire Booth analyses a High Court ruling on costs after a standards case involving a town council and one of its members.

Validity of service charge demands
The Upper Tribunal determined the validity of an estimated service charge demand in light of the UT's earlier decision in Woelke. Katie Gray looks at the outcome. 


SUPPLIER OF THE WEEK: LGSS Law is a local authority law firm, specialising in the public sector. We provide cost-effective legal advice and assistance to a range of public and not-for-profit sector clients. We pride ourselves on our client-focussed approach as well as our ability to understand and comprehend the way in which our clients work.


BLOGSAngus Walker
HS2 Act to get Royal Assent - by Angus Walker
The Queen is expected to give her royal assent to the High Speed Rail (London – West Midlands) Act 2017, allowing phase 1 of HS2 to be built from Euston in London to near Lichfield in Staffordshire.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:

Adult Social Services: Statutory charge and Article 8 damages
The Court of Protection team at 39 Essex Chambers examine a recent case that, although not a CoP one, is interesting and relevant for what is said about the legal aid statutory charge in a claim for damages for breach of Article 8 ECHR.

Adult Social Services: 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.

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.

Children: Should courts order vaccination against parents’ wishes?
The alleged risks attending on vaccination were outweighed by the benefits of immunisation by a clear margin, the Family Court has ruled following an application by a local authority. Rosalind English reports.
 
Children: Parental consent not required for section 20 accommodation
Is it a breach of a local authority’s duty under section 20 of the Children Act 1989, and article 8 of the ECHR, to keep children in foster care without their parent’s consent? Jonathan Auburn looks at the Court of Appeal's answer to this question.

Children: S.20 and parental consent
A landmark Court of Appeal ruling permits local authorities to accommodate children under s. 20 of the Children Act without parental consent, writes Eirwen Pierrot.

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.

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: 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.
 
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.

Education: Higher education claims
The Administrative Court has given general guidance on judicial review and Office for the Independent Adjudicator for Higher Education (OIA) complaints. Jonathan Auburn reports.

Education: Risk assessment of schools and FOI
A council has successfully appealed an Information Commissioner's decision that it should disclose information on its risk assessment of schools. Claire Booth explains why.

Education: Teacher misconduct
A High Court judge has overturned an indefinite teaching ban on a ‘superhead’ who channeled work to a company with which he was associated. James Goudie QC looks at the reasons why.

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.

Employment: The duty to make reasonable adjustments
Phil Allen considers what you can learn from the Supreme Court case of the wheelchair versus the buggy.

Employment: Pay grades and contractual rights
Claire Booth reports on a Court of Appeal ruling on whether a council employee had a contractual right to be paid whatever salary was attached to a particular grade in all circumstances.

Employment: 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.

Employment: 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.

Governance: Public complaints—introducing the draft Public Service Ombudsman Bill
In this interview with LexisPSL Public Law, Ros Foster and Patrick O’Connell outline the draft Public Service Ombudsman Bill recently laid in Parliament, which aims to introduce a Public Service Ombudsman (PSO) with improved access, structure and powers.

Governance: An unprotected species?
Simon Goacher considers the recent legislative changes around local authority governance arrangements.

Governance: Defeating substantive legitimate expectation claims
In the second in a two-part series on substantive legitimate expectations, David Sykes analyses the courts' approach to judicial review challenges and examines how such claims can be defeated.

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

Health: 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.

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: Don’t be a data protection fundamentalist
An Advocate General has called for a common sense approach to interpreting data protection law. Robin Hopkins examines the AG's opinion.

Information Law: The right to data portability under GDPR
Ibrahim Hasan considers the new right to data portability under the GDPR and examines its impact on the public sector.

Information Law: GDPR and the role of the Data Protection Officer
The data protection officer is set to play a key role when the EU General Data Protection Regulaton comes into effect. Ibrahim Hasan explains why.

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.

Licensing: High Court says no dice
Philip Kolvin QC sets out why the High Court rejected a legal challenge to Southampton City Council's grant of a large casino licence.

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.

Planning: Serving s. 215 notices
The Court of Appeal has issued an important ruling on the service provisions in the Town and Country Planning Act 1990 and the Local Government Act 1972. Heather Sargent sets out the key issues.

Planning: Air quality, habitats and alternative sites
The Court of Appeal has issued a ruling in an air quality and habitats challenge relating to Ashdown Forest. James Maurici QC explains the outcome.

Planning: Restrictive covenants and planning permission
Brendon Lee analyses the role of planning permissions in the removal of restrictive covenants.

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.

Procurement: A third way?
A recent Court of Justice of the European Union ruling suggests potential new avenues for public to public co-operation, write James Clayton and Mark Fitzgibbon.

Procurement: Settlement agreements and the procurement rules
Daniel Milnes examines a Court of Justice of the European Union case on whether a settlement agreement can amount to a regulated modification of a contract.

Procurement: Insourcing: what do you need to know?
Mike Pierides and Caron Gosling look at the issues for local authorities considering bringing services back in-house.

Procurement: 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.

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.

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: Assets of Community Value – is there any body there?
What exactly is an 'unincorporated body' for the purposes of the Assets of Community Value legislation? Simon Adamyk looks at the difficulties created by the wording and reviews the key tribunal decisions.

Property: Fresh points on Assets of Community Value
Christopher Cant examines the key learning points from the latest batch of rulings in relation to assets of community value.

Property: The cost of compulsorily acquiring land
How much does it cost a local authority to compulsorily acquire land? Chris Skinner explains in his latest article on CPOs.

Property: Using compulsory purchase powers to bring forward development on allocated sites
In the third article in a series on CPOs, Chris Skinner examines the use of compulsory purchase powers to bring forward development on allocated sites.

Property: Housing estate regeneration and CPOs
Chris Skinner examines the vital role for compulsory purchase in the regeneration of housing estates.

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.
 
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Legal Services Lincolnshire
Legal Services Lincolnshire - Senior Lawyer - Planning
Surrey County Council
Surrey County Council
Team Lawyer Childcare

Test Valley
Test Valley Borough Council
Commercial Property Lawyer

Telford & Wrekin
Telford & Wrekin Council
Land and Property Lawyer
Legal Assistant: Highways and Rights of Way

Welwyn Hatfield
Welwyn Hatfield Council
Conveyancing Officer

Disability Law Service
Disability Law Service
Social Welfare and Community Care Supervising Solicitor

Bevan Brittan
Bevan Brittan
Solicitor or Associate - Commercial & Infrastructure

Anthony Collins

Anthony Collins
Senior Associate - Local Government and Commercial
Corporate & Governance Solicitor - Housing and NfP

Waverley
Waverley Borough Council
Deputy Borough Solicitor

Southampton
Southampton City Council
Solicitor - Commercial and Procurement
Contracts Commercial Officer


Leicester City Council
Leicester City Council
Lawyer - Planning
Lawyer - Child Care

Plymouth City Council
Plymouth City Council
Oversight and Governance Manager

nplaw (Norfolk CC)
nplaw (Norfolk CC)
Lawyer (Commercial)
Lawyer (Adult Safeguarding and Community Care)

Tri-borough Shared Legal Service
Tri-Borough Shared Legal Services (for Hammersmith and Fulham, Kensington and Chelsea and Westminster)
Solicitor (Planning)
Solicitor (Employment)

Falkland Islands Government
Falkland Islands Government
Head of Legal Services

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LGSS Law
Paralegal - Contract & Procurement

Shelter
Shelter
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Eastleigh Borough Council
Property Paralegal

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