JOB OF THE WEEK: Blaenau Gwent – Solicitor (£33,998-£37,578). An exciting opportunity has arisen for an ambitious individual to join the Legal and Compliance Division and advise on social services and education matters.
London Boroughs Legal Alliance commissions business case on developing shared services
Initial study by consultants identified savings opportunities
SRA board to scrap need for 16 hours training in radical overhaul of competence regime
Current CPD regime to be revoked with plan instead to use existing provisions in Handbook and new 'Solicitors' Competence Statement'
DCLG rebuffs plea from council for help with £33m+ contract cancellation costs
Leader wrote to ministers blaming inaction of Communities Secretary. See also: County council to find £3.4m in three days as waste contracts terminated Cost of hedging arrangements came in at higher end of expectations
Supreme Court rejects call to register recreation ground as village green
Judges say use of land in Barkas case was 'by right' rather than 'of right', and that House of Lords judgment in Beresford can no longer be relied upon
Supreme Court to hear case on homelessness, vulnerability and priority need
Permission granted on matters to be taken into account when deciding whether a homeless person is 'vulnerable' for purposes of 1996 Act
Chief exec cleared over job evaluation involving wife, departure of top lawyer
Senior staff made allegations direct to Wales Audit Office rather than use authority's whistle-blowing scheme
Council challenges planning appeal in dispute over five-year housing supply
Local authority rejected application for 96-home development but this was overturned by inspector on appeal
High Court judge cuts disqualification term imposed on councillor
Judge says disqualification was proportionate given misconduct, but original sanction of two-and-a-half years was "excessive"
Revised General Block Exemption Regulation to come into force on 1 July
Scope for more state aid measures and higher amounts to be given without them having to be notified to European Commission for prior authorisation
LOOKING FOR A NEW CHALLENGE? There are some superb roles on LGL but be aware that the closing dates for many roles are imminent:
LOCUM OPPORTUNITIES: There are some fantastic posts available including: Commercial ContractsLawyer, Adults Lawyer, Prosecution Lawyer, Employment Locum and Childcare Solicitor. To see all roles on LGL, click here.
MORE NEWS STORIES....
Police find no evidence of criminal offence in pensions deals for chief execs
Chief exec returns to work after standing aside during police investigation
Court of Appeal confirms principle on responsibility for s. 117 after-care funding
Placing authority remained liable in case where individual was conditionally discharged on two occasions
Campaigners warn council of legal action over proposed care centre closures
Local authority says judicial review proceedings would be "premature" and defended vigorously as final decision not yet taken
Third union to conduct strike ballot of local government members
GMB announcement follows earlier moves by Unison and Unite amid continued anger over 1% pay offer
Information Commissioner consults on revised CCTV code of practice
New technologies and practices have emerged since document's last revision in 2008, says watchdog
Legal aid cuts have had considerable adverse impact on courts, judges warn
Submission to select committee says reductions had led to higher costs elsewhere in courts system, and LASPO had led to significant increase in litigants in person
Councils double number of Blue Badge prosecutions in just three years
Councillor in Scotland banned from meetings for five months over behaviour
See all of our most recent news stories
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New articles on Local Government Lawyer
Dangerous/defective buildings and the role of the local authority
A local authority recently lost its appeal over an order that it should pay substantial compensation following the closure of a pier on safety grounds. Samuel Townend looks at the options available to councils when dealing with dangerous structures.
A boost for neighbourhood planning
A High Court judge earlier this month handed down a decision that will be of interest to all those involved in neighbourhood planning and will encourage those involved in promoting such plans. Martin Carter explains why.
Natasha Taylor examines the key elements of the Protocol and Good Practice Models for disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings.
Legal professional privilege and the EIRs
Robin Hopkins anaylses a recent Upper Tribunal ruling on the interplay between legal professional privilege and the Environmental Information Regulations.
Changes to Civil Procedure and the County Court system
A number of significant changes to civil procedure and the County Court system came into force on 22 April. Naomi Chesterman highlights the key changes.
Our “wet winter” and tree root subsidence claims in 2014
The wet weather last winter is unlikely to provide much comfort for local authorities when it comes to tree root subsidence claims, warns Andrew Plunkett.
Co-operating for mutual benefit
Ben Sheppard looks at how the Government is making it easier to set up and run co-operative and community benefit societies, as part of its drive to encourage the contribution of mutuals to the UK economy.
Walking a tightrope – contact and sexual relations
The Court of Protection team at 39 Essex Street review a recent ruling that considered issues of capacity and sexual relations in a case involving a 24-year-old man with mild learning disabilities and atypical autism.
New courses on Local Government Law TV
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|Human Rights Roundup for Local Authorities
||This course identifies, with reference to leading case law, key developments in human rights law in the last 12 months including decisions on data retention by local authorities, religious discrimination at work and detention under the MHA 1983.
|Alternatives to Litigation for Public Law Disputes
||This course considers alternative dispute resolution in two contexts: via the statutory route, such as complaints procedures and complaints to the Ombudsman and, secondly, by the use of processes such as mediation and arbitration.
Departmental subscriptions from £249 + VAT for 12 months unlimited access (LLG members). Click here for details.
The latest blogs...
Quis custodiet ipsos custodes? Inspecting the inspectors by Angus Walker
This entry analyses the inspectors that have been appointed to examine nationally significant infrastructure project applications.
Manual of procedures for EU energy projects published
Snap judgement: Will the SRA's decision to remove the 16 hour minimum training requirement...?
...reduce the amount of training I do as budgets are cut and time for training is reduced
...make little difference - I do the training I need to practice regardless of the minimum requirement
...enable me to do more relevant professional development activities as the need to take CPD accredited training is removed
Click here to vote now
Been away? Features on Local Government Lawyer recently include:
Adult Social Services: Welfare proceedings and the press
The President of the Court of Protection, Sir James Munby has ruled that the press has no direct role in welfare proceedings. Rosalind English
Adult Social Services: Innovation in delivering adult social care services
looks at the potential for innovative ways of delivering adult social care services including via Public/Private collaborations.
Children: Analysing the impact of Re B-S
looks at the implications of Re B-S
, the Court of Appeal's landmark ruling on adoption.
Employment: The escalation of whistleblowing into campaigns
reports on a decision which provides some welcome clarity on dealing with employees whose (potentially valid) whistleblowing concern escalates into a 'campaign' which would be (as the employment tribunal put it) "sufficient to try and to exhaust the patience of any organisation".
Governance: Hazards of running elections
In the run up to European and local elections, Sappho Dias
and Lee Parkhill
consider some of the problem areas arising for local authority solicitors and returning officers.
Housing: Homelessness, affordability and reasons
Morayo Fagborun Bennett
and Andy Lane
highlight the key lessons to be learned from a Court of Appeal homelessness case.
Licensing: Primary gambling activity: the FTT view
In an important decision that will impact on all betting premises licence applications the First-Tier Tribunal has given a long-awaited ruling on the meaning of 'primary gambling activity'. Gerald Gouriet QC
and George Mackenzie
analyse the judgment.
Litigation: Calling their bluff?
A London borough recently secured the first prosecution for money laundering in relation to a gambling den. Dominic Lewis
explains what the case involved.
Management: Death by spreadsheet - Local government brain drain
examines the risks to local authorities pursuing costs savings by dispensing with senior legal talent.
Planning: Plan-making and assessment of housing need
A “radical” National Planning Policy Framework change rendered a local authority's housing figures unsound, a High Court judge has ruled. Zack Simons
Planning: The winning shot?
A district council has successfully appealed a High Court ruling that quashed the grant of planning permission for a controversial golf course and hotel development. James Findlay QC
explains the important points of principle arising out of the Court of Appeal's ruling.
Procurement: Three key issues pre-procurement
and Susie Smith
examine various important issues that contracting authorities should consider in advance of the formal procurement process commencing, including preliminary market consultations.
Procurement: Transparency in outsourced contracts
Does the outsourcing of public functions mean they are less transparent? Anna Sweeney
summarises the latest developments in the recent controversy.
Projects: Corporate governance and local authority investment vehicles
examines how corporate governance disciplines essential in the private sector need to be factored into the governance of local authority companies and other partnerships.
Property: What’s the use?
reviews a significant recent case on the application of competition law to shop leases granted by a local authority.
Regulatory: Transactional decisions - a European perspective
In a significant ruling for trading standards law and practice, the Court of Justice of the European Union has clarified the meaning of a 'transactional decision' by a consumer. Jonathan Spicer
examines the judgment.
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