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JOBS OF THE WEEK:
Council defeats High Court challenge to borough-wide selective licensing
High Court judge dismisses judicial review challenge to London council’s decision to introduce selective licensing scheme for whole borough
Council rejects settlement offer in dispute over land earmarked for mosque
West Midlands local authority rejects out-of-court settlement from local muslim association in dispute over land earmarked for mosque – case heads for Court of Appeal
Sheffield City Council to hire five apprentices in its legal team
Legal department to take on apprentices for first time, with view to them becoming fully trained paralegals
Campaigners tap crowd funding for legal advice on village green inquiry
Village action group looking to crowd fund legal representation for inquiry into their application to register piece of land as village green
TfL to defend judicial review over construction of cycle superhighway
Transport for London rejects judicial review challenge from black cab drivers over use of permitted development rights for construction of cycling ‘superhighway’ on the Embankment in London
Man who posed as legal adviser jailed after trading standards prosecution
Biggleswade man who made more than £5,000 after advertising his services as professional McKenzie friend jailed for three years after being found guilty of multiple trading standards and housing benefits offences
Edinburgh to consider remodelling legal services, procure £2.6m pa
Transformation programme says legal services an area "to potentially undergo significant service delivery re-modelling"
Dyers Chambers and 1 Paper Buildings merge to create new set
Drystone Chambers – new London set whose members have recently been instructed by 43 different local authorities – created through combination of Dyers Chambers and 1 Paper Buildings
District to create legal services framework for procurement-related services
Planning law specialist Bowes moves to Cornerstone Barristers
Notting Hill Housing Trust names 11 firms to £3m legal panels
BLM sees turnover rise to record £104.1m in 2014/15
Procurement for Housing names three law firms to panels in Scotland
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MORE NEWS STORIES....
Market traders seek to take dispute over CPO to Court of Appeal
Group of traders at Shepherds Bush Market announce plans to appeal High Court ruling that upheld Communities Secretary’s decision to confirm compulsory purchase order made by Hammersmith & Fulham Council
High Court judge gives permission for latest challenge to library closure
Judge gives permission for judicial review challenge to local authority’s decision to relocate library out of town
Council to prosecute after hotel owners fail to comply with s. 215 notice
Plymouth to start legal proceedings to prosecute owners of large derelict hotel after they failed to comply with Section 215 / untidy land notice
Bids for £10m government contracts must commit to apprenticeships: PM
All bids for government contracts worth more than £10m will from the beginning of next month have to demonstrate clear commitment to apprenticeships, Prime Minister announces
Ministers to make it easier for villages to establish neighbourhood plans
Government vows to make it easier for villages to establish neighbourhood plans and allocate land for new homes
Council in court battle after inspector grants permission for scheme
West Berkshire Council launches High Court challenge with view to having quashed planning inspector’s decision to grant planning permission for 90-home development
See all of our most recent news stories
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New articles on Local Government Lawyer
Local authorities and health services
The LexisPSL Local Government team and Ros Ashcroft examine local authority statutory functions with regard to the provision of health services.
Delayed judgments in child care cases
The Court of Appeal recently considered what action a court should take when the preparation and handing down of a judgment in a child welfare case has been very substantially delayed. Lynne Braby-Pavitt reports.
Interim payment applications
When it comes to interim payment applications: be on time, be late, but don't be early. Louis Foscolo and John Farrell look at the lessons from a recent Technology and Construction Court ruling involving a local authority.
When is 'enough' legally enough?
John Pugh-Smith looks at the application of s.9 of the Limitation Act 1980 to a belated High Court claim to force a local authority to refer a compulsory purchase compensation dispute to the Upper Tribunal.
Regaining entry after eviction
When can the Court compel social landlords to re-admit a tenant after a warrant of possession has been executed? Stefan Liberadzki explains.
Secure tenancies and the 'no succession' rule
In a county court appeal, it was held that it is seriously arguable that the differential treatment afforded by s.88 of the Housing Act 1985, to persons who become sole tenants consequent upon divorce and those who become sole tenants consequent upon widowhood is not compatible with the European Convention on Human Rights. Professor Ian Loveland reports.
When can a licensing appeal be withdrawn?
Andy Woods examines the issues raised when a premises licence holder sought to withdraw an appeal after it had been remitted back to the licensing authority.
Selling Legal Services? Get your service noticed on
Local Government Lawyer and Public Law Today
We are pleased to announce the forthcoming launch of a new directory of local authority traded legal services, providing a cost- and time-efficient way for local authorities to profile their services to hundreds of potential public sector and other clients.
For details of how to advertise, please click here.
The latest blogs...
400-turbine offshore wind farm consented by Angus Walker
This entry reports on the decision on the Dogger A&B offshore wind farm.
Want to be a book reviewer? Local Government Lawyer
is soon to launch a new online bookstore and we are looking for practitioners to review the latest legal titles as they are published. Instant fame (and free legal books) guaranteed. Please contact Derek Bedlow at email@example.com
or 0207 239 4917 with details of your areas of interest.
Been away? Catch-up on recent articles on Local Government Lawyer and Public Law Today:
Adult Social Services: Deprivations of Liberty: "a complete impasse"?
reports on the latest twist in the Court of Protection and cases of deprivation of liberty in the community.
Adult Social Services: Mental capacity and deprivation of liberty: the Law Commission’s consultation paper
The Law Commission has published its eagerly-anticipated consultation paper on deprivations of liberty. Tim Spencer-Lane
, one of the team involved in the project, sets out the key proposals.
Children: Extensions of time and the merits of the appeal
The Court of Appeal has examined for the first time the issue – when considering an application to extend time for an appeal – of what regard a judge in a family case relating to children should have to the merits of the proposed appeal. Laura Vickers
Children: Child Protection and Data Protection
A High Court judge has ruled that a council's policy on retaining child protection records was lawful. Christopher Knight
analyses the judgment.
Community Safety: Gangbos and Article 6
examines a landmark decision on the compatibility of “Gangbos” with Article 6 of the Human Rights Act.
Education: A right to a student loan? (on Public Law Today)
The Supreme Court recently ruled on a challenge to statutory eligibility criteria brought by a woman denied a student loan because of her immigration status. David Hart QC
examines the judgment.
Education: School transport and indirect discrimination
, Trish D’Souza
and Emma Cullen
look at the lessons from a successful judicial review challenge against a council’s home to school transport policy.
Employment: Proof of indirect discrimination
When it comes to indirect discrimination, what does an individual need to prove? Jenny Marley
reports on a recent Court of Appeal ruling.
Employment: TUPE and sub-contracting – who is the client?
considers a recent ruling involving a local authority where the Employment Appeal Tribunal tackled the thorny issue of who is the client for the purpose of TUPE in a sub-contracting situation.
Governance: Protecting the statutory officers
A Weightmans survey reveals considerable uncertainty around new protection for statutory officers. Graeme Creer
and Mark Leach
report on the findings.
Governance: Election petitions and service
The Divisional Court has dismissed an election petition on grounds of defective service. Greg Callus
Healthcare: Giving evidence in a criminal trial
Attending court as a witness to give evidence in a criminal trial can seem like a daunting prospect. Hannah Taylor
provides a practical steer for health and social care professionals so that they know what to expect and what they should be doing.
Housing: Using the wrong tenancy agreement
The Court of Appeal has held that an agreement for an introductory tenancy, used in error, did not in fact grant an introductory tenancy, as the tenancy was precluded from being introductory by the Housing Act 1985. Jonathan Manning
and Sarah McKeown
Housing: Possession proceedings and the best interests of children
Does section 11 of the Children Act 2004 require an authority to carry out an assessment of a child’s best interests before commencing a claim for possession of accommodation provided under Part 7 Housing Act 1996 where the authority’s duty to the tenant under Part 7 has come to an end? Toby Vanhegan
, Christopher Baker
and Sam Madge-Wyld
Information Law: Whistleblowing - protected disclosures
The Employment Appeal Tribunal has considered whether an employer had acted fairly in dismissing an employee who made a disclosure to the Information Commissioner's Office without approval. Helen Hughes
analyses the case.
Licensing: Safeguarding vulnerable people through taxi licensing
, LLG's National Lead Licensing & Litigation Officer, sets out some of the work being in done in the North East in relation to safeguarding and taxi licensing.
Litigation: Costs for judicial review
and Morayo Fagborun Bennett
set out key provisions in relation to costs for judicial review, covering protective costs orders (PCOs), interveners and costs capping.
Litigation: Claims over poorly installed cavity wall insulation
considers the issues for local authorities and housing associations arising out of mis-sold or poorly installed cavity wall insulation.
Management: Reviewing legal services expenditure
looks at the steps public sector bodies can take to get the most out of their spend on legal services.
Management: An alternative view
reports how he has been persuaded that local authority-owned alternative business structures might work in certain circumstances, although he is yet to be fully won over.
Planning: Lack of EIA not fatal to planning permission
The Supreme Court has handed down a major ruling in a case where there was a legal defect in the procedure leading to the grant of planning permission. Martin Goodall
analyses the judgment.
Planning: Affordable housing and small scale sites
The Planning Court has issued a key judgment on affordable housing requirements for small scale housing sites and vacant building credit. The practical implications are of immediate effect to developers’ negotiations, writes Jenny Wigley
Procurement: Buying social
analyses what just what can be done and what can’t be done in respect of ‘buying social’ and buying ‘local’.
Procurement: Giving reasons to unsuccessful bidders
Issues over debriefing and the giving of reasons were to the fore in the most recent procurement challenge by European Dynamics. David Hansom
looks at the lessons to be learned.
Procurement: The Supreme Court on material change
The Supreme Court has provided guidance on material change in procurement contracts. Patrick Parkin
and John Houlden
analyse the ruling.
Projects: PFI ‘good faith’ obligations under scrutiny
The Technology and Construction Court has recently issued a ruling on a 'good faith' obligation contained in a PFI contract where a local authority was one of the parties. Leah Horn
examines the judgment.
Property: Public sector landlords, framework agreements and QLTAs
The Upper Tribunal has clarified whether councils and other public sector landlords can use framework agreements to appoint building contractors. Assad Maqbool
considers the significance of the ruling.
Property: Top 3 property litigation Q&As
The LexisPSL Local Government
service regularly publishes Q&As on property litigation. Here are three of the most popular.
Property: Solar rooftops at schools
What does the management of schools need to know about fitting solar panels? Maria Connolly
Property: Listed building prosecutions: a practical guide
sets out the pitfalls that local planning authorities should avoid when bringing listed building prosecutions.
Regulatory: What the Tortoise taught us....
A recent Administrative Court ruling provides useful guidance on the duty of local authorities when they are alerted to possible unlawful activity, writes Nicholas Dobson
|The Importance of Judicial Review
||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
||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
||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.
|Procurement Masterclass - The Tyranny of the "Sausage Machine"
||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.
|The New Governance Landscape
||This presentation looks at how local authority lawyers can accomodate rapidly changing local government structures and delivery models against a legislative backdrop designed for another era.
|Lessons for Scrutiny from Rotherham and Mid-Staffs
||This presentation looks at the role that scrutiny - or the lack of it - played in the problems that came to light in Mid-Staffordshire NHS Trust and Rotherham Council and looks at how the effective systems of scrutiny can be designed and encouraged to pr
|New Delivery Models: Managing Governance in a Diverse Landscape
||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.
|Top Local Government Cases 2014
||Leading public law barrister James Goudie QC outlines and analyses the most important judicial decisions of 2014 as they affect local authorities.
|The Care Act 2014
||As the implementation of the Care Act 2014 fast approaches, this presentation identifies and explains the key elements of the Act that local authority lawyers need to be aware of.
|Equality Act Defences
||This course looks at the defences and tactics available to public authorities when faced with claims based on the Equality Act 2010 and provides an overview of how to prevent claims arising in the first place through an examination of the case law.