JOBS OF THE WEEK: We have a range of fantastic roles across the country, including at Cheshire East which is looking for a Director of Legal Services (£competitive).
Legal Services Lincolnshire, a nationally recognised pioneer in the development of shared legal services, is recruiting: Principal Lawyer - Commercial Property (£47,517 - £52,297); Senior Lawyer - Childcare; Senior Lawyer - Commercial/Contract; Senior Lawyer - Planning; Adult Care and Health Lawyer; Civil Litigation Lawyer; Prosecutions Lawyer; Education Lawyer; Planning Lawyer; and Commercial/Contract Lawyer. Relocation expenses available.
Other great jobs this week (click here to sign up to our job alert):
Court of Protection judge hands down key ruling on joining P as party
Mr Justice Charles issues latest major judgment on whether P must be joined as party to proceedings in deprivation of liberty cases where they are in supported living or their home and so outside Deprivation of Liberty Safeguards regime. Ruling set to be welcomed by local authorities
West Yorkshire councils name 17 chambers to £5-12m legal advice panels
The WYLAW group of local authorities in West Yorkshire chooses 17 chambers for barristers panels worth estimated £5-12m over four years
Kent delays decision on whether to go ahead with landmark legal services joint venture
Cabinet had been scheduled to make a decision this week but no paper was presented at meeting. Report on legal team's three-year Evolution
project meanwhile reveals savings of more than £4m made, but efforts to generate income from external work were largely put on hold towards end as JV procurement exercise progressed
Judge awards parents £20k over accommodation of children in foster care
Judge orders London council to pay £20,000 in damages for breaching claimant parents’ human rights when it unlawfully continued to keep their eight children in foster care
Council fails to get injunctions against Championship football club owners over 3G surface
Hull City Council fails in High Court bid to obtain injunctions against owners of Hull City Football Club over installation of 3G surface in sports hall
Four councils on South Coast to explore setting up unitary authority
Four councils in South East Dorset are examining whether to establish single unitary authority from April 2019
Judge rejects bid for JR over impact of regeneration scheme on bats
A High Court judge has refused to grant permission for a judicial review challenge to the grant of planning permission for a major regeneration project over its impact on bats.
Key ruling on charging for property search information out in early October
Court of Justice of the European Union will in the next fortnight hand down crucial ruling on local authorities’ ability to charge for access to property search information
Borough council awards £100k property law contract to two firms
Suffolk Legal lawyers secure higher rights of audience
OPPORTUNITY KNOCKS (Click here to see all posts):
CLOSING DATES APPROACHING!
MORE NEWS STORIES....
LSB consults on key principles for decisions over in-house lawyer regulation
Legal Services Board launches consultation on set of principles that would inform decisions it makes about regulatory arrangements for in-house lawyers
MoJ consults on changes to environmental costs protection
Ministry of Justice launches consultation on reforms to cost protection rules in certain environmental challenges, with measures expected to impact on claimants
Birmingham rules out Public Spaces Protection Order after consultation
City council has decided against introducing Public Spaces Protection Order (PSPO) for parts of city centre, will choose other methods to tackle issues over street busking and amplified music
Ombudsman criticises council over property purchase that took nine years
Local Government Ombudsman criticises London borough for failing to learn from complaints made while property purchase took nine years to complete
Government issues guidance on e-procurement and electronic communication
Guidance covers e-procurement and electronic communication between contracting authorities and suppliers, including use of e-auctions
Policy responsibility for data protection switched from MoJ to DCMS
Policy responsibility for data protection – and therefore sponsorship of the Information Commissioner’s Office – has been moved from the Ministry of Justice to the Department of Culture Media and Sport
Spin-out social enterprise launches pioneering community share offer
Youth services social enterprise in Staffordshire that was spun out has become first such organisation to issue shares to local people
Bring housing into NSIP regime, say law firm and planning consultants
The Government should consult on bringing housing within the Planning Act 2008 regime as a matter of urgency, report commissioned by law firm Bond Dickinson and planning consultants Quod urges
New duty comes into force for HE and FE institutions to have policies to stop radicalisation of students
All higher and further education institutions in the UK legally required from this week to put in place policies to stop extremists radicalising students on campuses (on Public Law Today)
See all of our most recent news stories
INTERIM ROLES: Senior Commercial Contract Lawyer (London); Senior Employer Lawyer (London); Senior Litigation Locum (South West); and Employment Lawyer (London).
FEATURED SUPPLIER: Ivy Legal
is an innovative planning enforcement law firm that specialises in supporting local authorities. Taking a revolutionary approach to planning enforcement, we tailor our support and services to meet our clients’ requirements – from providing additional resource to in-house planning teams, to providing a fully outsourced planning enforcement package.
New articles on Local Government Lawyer
Winds of change in Wales?
Clare Parry examines the implications of the DECC’s recent decision to reject applications for wind farms and a power line in Mid Wales.
Imposing conditions on selective licences
The Upper Tribunal has made some significant clarifications to the scope of conditions that can be imposed on selective licences. Matthew Paul sets out the key conclusions.
The interaction between the planning and licensing regimes
A recent ruling serves as a useful reminder to food and drink retailers not to place undue reliance on the licensing regime to assist in obtaining planning permission, writes Matt Gilks.
Procurement challenges - a step change?
The fast moving pace of procurement litigation continues with a key ruling in a case where the Court adjusted the scores from an evaluation process, leading to a different result, writes David Hansom.
Concession contracts: what's new?
Tim Care and Melanie Pears look at what a public concession contract is and recent changes made to the applicable procurement regime.
State aid and community transport organisations
A recent European Commission decision about alleged State aid in the form of grants from local authorities to community transport organisations is useful reading for those seeking to rely on the exemption for funding for services of general economic interest. Edward Reynolds reports.
Register of Assets - whose land is it anyway?
Kary Withers, Simon Day and Aaron Macauley examine the recently introduced requirement for registered providers to have maintain a register of their assets.
Cases of Fabricated or Induced Illness
Kate Grieve provides a guide to cases involving Fabricated or Induced Illness (FII) and the many factors to be considered and analysed by practitioners, experts and judges in these complex proceedings.
Conditional discharge and deprivation of Liberty – sanity prevails
An Upper Tribunal judge has handed down a key ruling on conditional discharges and deprivations of liberty that has wider implications. The Court of Protection team at 39 Essex Chambers report.
The latest blogs...
Second business or commercial project brought into NSIP regime by Angus Walker
The Planning Inspectorate has published a letter dated 15 September bringing a new business or commercial project into the Planning Act 2008 regime.
Fixing the Foundations - implementing the productivity plan
This entry considers announcements on how the planning measures in the July document ‘Fixing the Foundations
' are likely to be implemented.
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 firstname.lastname@example.org
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: The role of supervisory bodies
Are supervisory bodies meant to be detached authorisers or proactive investigators? The Court of Protection team at 39 Essex Chambers
analyse a recent ruling on the issue.
Children: 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
Children: ISIL child brides and the Family Court
Are ISIL child brides set to be a big care problem for the Family Court? Rosalind English
Community Safety: Gangbos and Article 6
examines a landmark decision on the compatibility of “Gangbos” with Article 6 of the Human Rights Act.
Education: Trojan Horse and the use of banning powers
The Department for Education has used its banning powers for the first time in a case arising out of the 'Trojan Horse' affair. Keri Tayler
analyses the decision.
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.
Education: Schools and finance leasing
Revised statutory guidance sets out how finance leasing is still a no go area for schools, writes Frank Suttie
Employment: Ill health and TUPE transfers
A recent Employment Appeal Tribunal ruling indicates that employees absent due to ill health might not TUPE transfer, writes Phil Allen
Employment: The right to be accompanied in investigatory meetings
The High Court has held that a university's refusal to allow an employee to be accompanied by a representative of a professional defence organisation at an investigation meeting was unfair and breached the implied term of trust and confidence. Helen Hughes
Governance: Protecting the reputation of the council
considers attempts by local authorities to protect their reputation and analyses a recent European Court of Human Rights ruling.
Governance: False statements and election law
looks at the issues where false statements are made about an election candidate.
Governance: Unincorporated associations and elections
examines the circumstances in which the courts might get involved in the affairs of a political party that, like the Labour Party, is an unincorporated association.
Healthcare: Section 49 reports – the thorny issues
Alex Ruck Keene
considers some of the issues arising out of the responsibilities to provide s. 49 Mental Capacity Act reports.
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: Drones and the housing sector
The use of drones in the housing sector raises data protection concerns, argues Daniel Milnes
Information Law: Facebook, social networks and the need for RIPA authorisations
looks at the key issues where public authorities use social media as part of their investigations
Information Law: Commercial interests and FOIA
When it comes to commercial interests, where does the balance lie under the Freedom of Information Act? Helen Prandy
looks at a recent First-Tier Tribunal ruling.
Licensing: Local policy making under the Licensing Act
looks at localised issues such as the length of time allowed at hearings, applicants and authorities not being allowed to ‘finesse’ applications, and Cumulative Impact Polices.
Licensing: Licensing sex entertainment venues
Dr Ashley Bowes
comments on the grant by a licensing sub-committee at a borough council of one of the first sex entertainment venue licences in Surrey.
Licensing: Changes to Sunday Trading?
sets out the main measures in the Government's consultation on devolving Sunday Trading rules.
Litigation: Are you in time….?
examines some of the issues around the three month deadline for claiming legal costs where the paying party is legally aided.
Litigation: Responsibility for floodlights
examines a judge’s rejection of a personal injury claimant’s contention that two councils had a duty to maintain a floodlight under a bridge.
Litigation: Harassment and injunctions
and Jonathan Moore
review a recent example of the court's approach to what amounts to harassment in the context of communications with, and criticism of, local authority members and staff
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.
Planning: Noises off
The Planning Court has quashed the grant of residential planning permission after a council failed lawfully to address issues of noise and heritage, and acted irrationally. Tom Cosgrove
explains the ruling.
Planning: Decision makers, development plans and findings
Christopher Lockhart-Mummery QC
highlights the key issues arising out of a High Court ruling that quashed the Secretary of State’s dismissal of a developer’s appeal.
Procurement: Public-public contracts: government guidance
The Government has just issued a procurement policy note on public-public contracts. John Houlden
, Stephanie Rickard
and Patrick Parkin
set out the key points.
Procurement: Keeping tender information confidential
and Melanie Pears
consider a recent ruling which protected tender information from being published.
Projects: 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.
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: ACV appeals and inspector decisions
looks at the guidance to be gleaned from Assets of Community Value appeals and Planning Inspectors’ decisions.
Property: Residential service charge recovery
reviews two important rulings affecting the recovery of residential service charges by local authorities and housing associations.
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: When is 'enough' legally enough?
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.
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.
|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.