Editor's blog: Author of her own misfortune?
The case where a blogger, Jacqui Thompson, sued Carmarthenshire County Council and its chief executive for libel - only to have her claim dismissed and be ordered to pay £25,000 in damages following a successful counter-claim - makes for particularly fascinating reading. Read more...
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Blogger who sued council and chief exec ordered to pay £25,000 damages Counter-claim by chief executive of local authority succeeded after claimant sued for libel
Council agrees libel payout over allegations in objection to licence application Local authority re-published untrue allegations from a neighour in its Temporary Events Notices
Council ordered to pay damages to parents in s. 47 enquiry dispute High Court judge rules that London borough's actions were unlawful in launching investigation into whether a six-year-old girl was suffering or likely to suffer harm
Judicial review of £320m outsourcing plan at Barnet kicks off Keenly-anticipated case begins at High Court as disabled claimant alleges insufficient consultation amongst grounds for challenge
Wild urges Legal Services Board to axe area test on charging charities Kent legal chief tells super-regulator that imposition by SRA of geographical restriction on forthcoming ability of local government solicitors to charge is an "error" that should be corrected
Tribunal set to hear only second ever appeal over ICO fine for data breach Case centres on largest ever monetary penalty (£250,000) imposed on local authority
Councils face "deluge" of disputes from draft care reforms: MPs and peers Joint committee calls for independent resolution of disputes over decisions about care and support - and costs counting towards cap - through Care and Support Tribunal
First Planning Act 2008 scheme promoted by local authority gets green light Lancashire CC promoted Heysham to M6 link road scheme through infrastructure planning and consenting regime
First neighbourhood plan referendum in the country secures 'yes' vote Turnout of 33.67% but strong backing for adoption of proposals
Ombudsman tells council to review bailiff procedures after clamping incident
Regional strategies for East Midlands and North East next to go: Pickles
ALMO plays substantial damages to claimant brain damaged after pothole trip
Campaign group slams use by councils of private investigators
LGO attacks council for mishandling planning application for tyre centre
See all of our most recent news stories
New course on Local Government Law TV
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Duties of consultation and disclosure owed in planning
You Save: 50.00%
This course looks at the duties owed by local authorities and other public bodies to disclose confidential information that informs decisions with an environmental impact and their duties to consult on such decisions.
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New articles on Local Government Lawyer
Neighbourhood planning under the Localism Act: the Daws Hill case
Suzanne Ornsby QC and Isabella Tafur explain the background to an important High Court ruling on the impact of the Localism Act on the planning system, and the areas covered by a neighourhood forum.
Lost to the system: 'Self-funders' and assessments of needs
Many 'self-funders' are being denied the assessment of needs to which they are legally entitled, argues MIchael Furminger. It will be beneficial for many self-funders to seek such assessments of need and local authorities should promptly agree to undertake them.
Notices to quit and undue influence
Jonathan Manning analyses a recent High Court housing case, where, amongst other things, it was claimed that a council had obtained a notice to quit by undue influence or unconscionable behaviour.
The cost of care: the position following the Tower Hamlets decision
Jacqui Thomas looks at the caselaw and policy around financing placements of children with family members.
Dancing to a different tune
In a ruling that will be of great assistance to licensing authorities, a High Court judge has dismissed an application for judicial review against a refusal to grant a sex entertainment venue licence for a lapdancing venue in a rural location. Josef Cannon explains why.
The need to refer cases to the Court of Protection
A recent case where the parents of a 21-year-old woman with Down's syndrome wanted her to undergo a sterilisation procedure highlights the need for medical practitioners to know when to refer cases to the Court of Protection, says the team at 39 Essex Street.
Localism in planning: myth or reality?
In a case involving Tewkesbury District Council, a High Court judge has considered the implications of the Localism Act on the role of the Secretary of State in planning decisions. Simon Goacher analyses the case and what it means for local authorities.
Inter-authority recoupment and special educational needs
New regulations are about to come into force covering whether one local authority should contribute towards the costs of a SEN statement for which another authority has responsibility. Rachel Kamm outlines the changes.
The latest blogs...
Hinkley Point C nuclear power station and Heysham to M6 Link road given consent by Angus Walker
This entry reports on the approval of the applications to build and operate the Heysham to M6 link road in Lancashire and the Hinkley Point C nuclear power station in Somerset.
Snap judgement: What's the best approach to libellous bloggers?
Ignore them and deny them the oxygen of publicity
Try to engage with them
Apply the full force of the law
Click here to vote now
And some you may have missed....
Adult Social Services: Taking a measured approach
The Metropolitan Police recently failed in a bid to overturn a ruling that it had breached the common law, the Disability Discrimination Act and various articles of the ECHR in its handling of an autistic, epileptic young man. The team at 39 Essex Street
examine the court's reasoning.
Children's Services: The Court of Protection and practice points from the Family Division
The team at 39 Essex Street
examine some recent practice points from the Family Division that are relevant to the Court of Protection.
Community Safety: An effective enforcement tool or a sledgehammer to crack a nut? Paddy Whur
looks in detail at s.53A of the Licensing Act 2003, focusing on the key elements that should be considered prior to this type of review being launched, as well as the other relevant stages of the process.
Employment: The use of Teckal company structures in public service delivery: part 2 - mutualisation Amy Auton-Smith
and Simon Thomas
look at some of the legal issues arising in relation to using a Teckal company to kick-start a move towards public service mutualisation, with a focus upon private companies limited by shares as the preferred vehicle.
Governance: Data mining Eleanor Grey QC
, Catherine Dobson
and Jennifer Thelen
look at the latest information law cases, which range from time limits to striking out, and from personal data to Prince Charles' correspondence.
Housing: Income from lease extensions Charles Ward
examines the increasingly likely prospect of tenants asking social landlords for an extension to their right-to-buy lease.
Licensing: The case of the taxi prosecution and the missing records
A Magistrates' Court ruling on a council's apparent procedural failures has delivered a bombshell for taxi licensing authorities, writes Philip Kolvin QC
Litigation: Tree roots and the section 58 defence Lorna Herring
and Thomas Crockett
report on a tripping case where a local authority successfully made out the defence in section 58 of the Highways Act 1980.
Management: Trading places Changing times, shrinking budgets and increased political focus are forcing all in local government to look well beyond their traditional turf. Nicholas Dobson examines some things you need to consider surrounding trading by local authority legal departments.
Planning: The amended scope of section 106 renegotiation procedures
The government has overhauled the framework for the renegotiation of s. 106 agreements. Chris Slater
and James Garbett
consider the changes.
Procurement: Too good to be true?
Abnormally low tenders create serious risks - as was demonstrated by the collapse of Connaught plc in September 2010 - but the law about them is ambiguous. David Gollancz
sets out the headline issues and arguments.
Property: Major works consultation: closing the section 20 bear-trap Ranjit Bhose QC
and Hugh Flanagan
discuss how a recent decision of the Supreme Court has overhauled the way Leasehold Valuation Tribunals will approach the question of whether to dispense with the consultation requirements for major works service charges.
Regulatory: State of play David Merson
analyses a High Court ruling on rarely used powers for local planning authorities to act in cases where land and building are adversely affecting on the amenity of the neighbourhood.
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