JOBS OF THE WEEK: Top roles on the site include:
Legal Services Lincolnshire, a pioneer in 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.
EVENT OF THE WEEK: Tanfield Chambers: Junior Landlord & Tenant Law Conference 2015 - 16 October - London. An excellent opportunity for junior lawyers to consolidate their knowledge of the law.
DCLG wins right to appeal affordable housing threshold judgment
Department for Communities and Local Government given permission to appeal High Court ruling in favour of West Berkshire and Reading Councils on affordable homes threshold
LLG names lawyers, teams through to stage 2 of 2015 Awards
Nearly 50 legal teams, individual lawyers and other professionals make it through to second stage of selection for the Lawyers in Local Government Awards 2015
Bevan Brittan hires ex-heads of local government at rivals
Law firm secures major boost for new Leeds office with hire of two partners who have been heads of local government at rival firms
Council in legal action to get football club to repay £10m+ loan
Borough issues legal notices to League Two club requiring repayment of £10.25m it is owed
London borough secures lifting of suspension of award of CCTV contract
Council successfully applies to High Court to have lifted an automatic suspension under procurement regulations of award of contract for road traffic CCTV system
Council and arts venue settle row over £850k loan and £1.6m s106 monies
London borough and high-profile arts venue settle dispute over repayment of £850,000 loan and outstanding amounts owed under section 106 agreement
London borough starts legal action against air safety regulator over stowaways
Council begins legal action against Civil Aviation Authority for failing to take action on airline stowaways
Olympic legacy body to appeal ICO ruling on West Ham stadium deal
London Legacy Development Corporation to appeal against Information Commissioner's order that it should disclose parts of agreement it entered into with Premier League club
Judge rejects call to give life-saving amputation against opposition of patient
Court of Protection judge rules that it would be unlawful for NHS trust to carry out life-saving amputation against patient’s opposition (on Public Law Today)
North Wales social landlord to appoint legal advisers to £1.2m panels
Hempsons bolsters life sciences, healthcare advisory practices
JOIN ONE LEGAL: The innovative shared service between Gloucester City, Cheltenham and Tewkesbury Councils is hiring (closing: 7 October): Lawyer - Planning; Lawyer - Planning (P/T); Lawyer/Senior Legal Assistant - Planning; Lawyer - Employment & Regulatory; Lawyer/Senior Legal Assistant - Litigation & Public Protection; Lawyer - Commercial (6 month contract); and Trainee Legal Executive.
MAKE YOUR MOVE (Click here to see all posts and here to sign up to our job alert). Don't delay - some closing dates are imminent:
MORE NEWS STORIES....
Governance plans agreed for Manchester health and social care devolution
Agreement has been reached on principles that will govern sharing power and making decisions within landmark Greater Manchester health and care devolution
Law Society and trade bodies issue revised leasehold property enquiries form
The Law Society, in conjunction with trade associations across the legal and leasehold sectors, has revised the leasehold property enquiries form LPE1
Auditors urge public sector boards to get assurance on risks of outsourcing
Public sector boards should not approve strategically important outsourcing projects “without first getting full assurance from their internal audit teams that the potential risks have been properly considered and effective controls are in place”
Judges pilot schemes to make Rolls Building business litigation simpler
High Court judges launch two pilot schemes aimed at making business litigation cheaper and simpler. Measures affect litigation in all courts based in the Rolls Building, namely the Commercial Court, the Technology and Construction Court, courts in the Chancery Division and the Mercantile Court
NUS threatens Government with legal action over plan to scrap maintenance grants
Union sends judicial review pre-action letter to Business Secretary Sajid Javid calling for equality implications of proposal to be properly considered before any further steps taken to change the law (on Public Law Today)
Gambling Commission issues revised guidance for licensing authorities
Watchdog publishes fifth edition of its guidance to licensing authorities on the exercise of their functions. See also: Gambling watchdog consults on changing rules aimed at preventing crime
See all of our most recent news stories
INTERIM ROLES: Senior Adult Care Lawyer (Yorkshire), Junior Planning Lawyer (South East), Childcare Advocacy Solicitor (Kent), Housing Litigation Lawyer (West Midlands) and Employment Lawyer (East of England).
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New articles on Local Government Lawyer
Challenges to neighbourhood plans
What implications do recent legal challenges have for neighbourhood planning? Hereward Phillpot QC explains.
Time to reconsider the asset register
A High Court judge recently considered whether a council had undertaken the appropriation process correctly. Antonia Murillo reports on the outcome.
The slow burn of PF2
Tiffany Cloynes looks at the take-up of PF2 and its use in the education sector in particular.
Litigation capacity – what to do (and not to do)
A recent Court of Appeal child care case has emphasised the need for robust capacity assessments where mental capacity is in doubt. The Court of Protection team at 39 Essex Chambers reports.
Vulnerable parties, witnesses and children in the family courts
With a consultation on new rules having just closed, Amanda Johnson and Kate Tompkins provide a useful reminder of the factors to be taken into account when approaching the multiple problems arising from cases involving vulnerable witnesses.
Employers and the Fit for Work scheme
Be careful – the Fit for Work scheme does not absolve the employer from its responsibilities, writes Victoria Duddles.
Tackling unviable statutory ports and harbours
Lara Moore examines the difficulties for councils in running unviable statutory ports and harbours and a recent Department for Transport consultation on harbour closure orders.
Errors in EU procurement
A recent investigation identified widespread errors in EU procurement. Ian Tucker considers the consequences, including the prospect of funds being withdrawn.
The latest blogs...
Report advocates housing NSIPs by Angus Walker
This entry analyses a report advocating that large-scale housing projects should be able to use the Planning Act 2008.
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: 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: Cases of Fabricated or Induced Illness
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.
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.
Healthcare: 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
Housing: 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.
Housing: Drones and the housing sector
The use of drones in the housing sector raises data protection concerns, argues Daniel Milnes
Housing: Register of Assets - whose land is it anyway?
, Simon Day and Aaron Macauley
examine the recently introduced requirement for registered providers to maintain a register of their assets.
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: Winds of change in Wales?
examines the implications of the DECC’s recent decision to reject applications for wind farms and a power line in Mid Wales.
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.
Planning: 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: 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: 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
Procurement: Concession contracts: what's new?
and Melanie Pears
look at what a public concession contract is and recent changes made to the applicable procurement regime.
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
Transport: 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
|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.