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NEWS HEADLINES

NHS Property Services in judicial review challenge after county council registers land as village green
NHS property body to seek leave to apply for judicial review of county council’s decision to register land near hospital as village green
 
Council to defend judicial review challenge to adoption of Core Strategy
Borough vows to defend developer's judicial review challenge over examination process and adoption of Core Strategy

Law firm wins £5.9m contract to advise two London boroughs
Law firm wins contract potentially worth nearly £6m to advise the London boroughs of Wandsworth and Richmond-upon-Thames

Head of Legal at Viridian Housing awarded MBE in New Year's Honours List
Housing association legal chief wins recognition for commitment to combatting fraud and anti-social behaviour

Taxi driver told to pay more than £9,000 in costs after losing council appeal
Taxi driver in Kent ordered to pay more than £9,000 in costs after losing appeal against council’s decision to suspend his licence

Council wins battle over former home of Sir Arthur Conan Doyle
High Court judge dismisses judicial review challenge to council’s grant of planning permission for change of use to former home of Sherlock Holmes from hotel to school

Campaigners issue letter before claim over Barnet plans for library service
Save Barnet Libraries sends letter before claim to Barnet Council as it seeks to challenge London borough’s plans for future library services

Shared legal service begins operation at two districts in West of England
Shared legal service for Wychavon and Malvern Hills came into operation from 1 January

Wolverhampton City Council names ten law firms to £8m legal panels
Council appoints ten law firms to legal services framework agreement worth up to £8m over four years
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Law firm wins £600K contract to advise Leeds on major regeneration scheme
 
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MORE NEWS STORIES....

Council brings legal action after planning refusal overturned on appeal
District in Oxfordshire to launch legal challenge after its decision to refuse planning permission for 54 homes in village was overturned on appeal

London borough partners with law firm on contracts and commercial work
Enfield Council appoints law firm as new ‘co source’ partner within its Contracts and Commercial team

European Court ruling on minimum alcohol pricing a “score draw”, says QC
Court of Justice of the European Union’s judgment concerning the Scottish Government’s minimum alcohol pricing proposal was “score draw” and there will be further litigation, leading licensing QC says

Government to directly commission homes on publicly-owned land
PM says Government will run pilot that will see it directly commission new affordable homes on publicly-owned land

One third of major government projects "in doubt or unachievable": NAO
A third of major government projects due to deliver in the next five years rated as in doubt or unachievable unless action is taken to improve delivery, spending watchdog warns

ON PUBLIC LAW TODAY

Parents face "costly legal advice" as schools fail to implement complaints procedures
Few schools have implemented statutory requirement for complaints procedures, leading to parents having to pay for costly legal advice, Children’s Commissioner for England claims
 
GMC nets power to appeal medical standards tribunal decisions
 
University ordered to pay out £150K-plus after worker injured when dismantling bomblet
 
Senior lawyers at universities win recognition in New Year's Honours List


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New articles on Local Government Lawyer

Ineffectiveness declarations
Ruth Smith analyses a Scottish case where an ineffectiveness declaration has been made which, to her knowledge, is the first of its kind.
 
Immigration age assessments and Merton
The Court of Appeal has recently considered issues raised by immigration age assessments and the Merton guidance. Matt Donmall reports.
 
Findings of fact and welfare arrangements
The President of the Court of Protection has declared that a fellow COP judge had not erred in failing to make findings of fact in relation to the events which triggered the proceedings of a 30-year-old woman lacking mental capacity. Morris Hill and Ken Slade examine the ruling.
 
The New EU Data Protection Regulation
The introduction of a new EU Data Protection Regulation has moved a significant step closer. Ibrahim Hasan highlights the key points.

15 years of the Human Rights Act
Has the Human Rights Act 1998 been successful? With the legislation turning 15, Stephen Grosz QC talks to LexisNexis about the past, present and future.
 
When experts go wrong
Marie-Claire O'Hara and Michael Fallow report on a sorry tale from the Technology and Construction Court about when being an expert goes horribly wrong.
 
State aid - beware compound interest!
A recent case from the European Court of Justice (CJEU) serves as a useful reminder of the risks of getting state aid wrong and the consequences of a recovery order, writes Robert Prater.


LATEST INTERIM ROLES: Principal Childcare Lawyer (Home Counties - urgent requirement), Prosecutions Solicitor (London), Commercial Property Lawyer (Northern Home Counties), Planning Solicitor (Surrey), Legal Manager (West Midlands) and Property Locum (East Anglia).

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European State Aid Law and Policy Third Edition Conor Quigley
The latest blogs...
Ten infrastructure planning predictions for 2016 by Angus Walker
As is becoming traditional for the first post of the year, here are some predictions for 2016 in infrastructure planning.

Review of 2015 - were my predictions correct

New Planning Act guidance and advice issued 

Catch-up on recent articles on Local Government Lawyer and Public Law Today:

Adult Social Services: Capacity, marriage and consent
A Family Division judge was recently asked to consider whether to make a declaration of non-recognition of a marriage in Pakistan, after he concluded that the husband lacked capacity to marry and consent to sexual relations. The Court of Protection team at 39 Essex Chambers look at the outcome.

Adult Social Services: The Care Act 2014 – six months on
Has the Care Act 2014 been successful since it came into force? Carolyn Hunnisett talks to LexisNexis about the positives and the negatives of a landmark piece of legislation.

Children: Section 20: Conscious uncoupling
Justin Slater looks at the President of the Family Division's important comments on local authorities' use of section 20 of the Children Act.

Children: Problems with a fact-finding hearing
The Court of Protection team at 39 Essex Chambers look at the lessons from a Court of Appeal ruling that a judge’s fact-finding exercise was fatally flawed.

Children: Looked after children and deprivations of liberty
A judge has recently ruled that a local authority cannot consent to the deprivation of liberty for a Looked After Child, writes Harjinder Sandhu of Coventry City Council.

Children: Expect the unexpected
Kent County Council recently obtained a High Court order requiring the return of a 13-year-old girl who had been taken to Sudan and was feared to be at risk of female genital mutilation. Graeme Bentley of Kent Legal Services explains what the court proceedings involved.

Education: SEN funding comparison costs
Morris Hill and Ken Slade analyse a recent Upper Tribunal decision intended to bring clarity to SEN funding comparison costs cases.

Education: Religious education and state impartiality
A High Court judge has issued a significant ruling on the law governing the teaching of, and curriculum-setting for, religious education in schools and academies. Paul Greatorex analyses the judgment.

Education: But you promised!
The High Court has found that a council breached the substantive legitimate expecation of a 21-year old man who was statemented and to whom it provided support. Tom Cross looks at the reasons why.

Employment: The Court of Appeal on disability discrimination law
Disability discrimination law has been clarified by a significant Court of Appeal ruling, but it remains complex when applied to ill-health absence, writes Phil Allen.
 
Employment: TUPE transfers and change in identity of employer
The Employment Appeal Tribunal has recently considered TUPE transfers in the context of joint employment and multiple transferee/transferor cases. Peter EdwardsRon Simms and Raj Basi report.

Governance: The Modern Slavery Act 2015
Simon Goacher and Peter Wake consider what the Modern Slavery Act 2015 will mean for the public sector.

Healthcare: Conditional discharge and DoL
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.

Healthcare: Producing reports for children proceedings: a practical guide
Jane Bennett outlines some of the areas of focus for healthcare professionals asked to prepare a report for children proceedings.

Housing:
A chink in the armour
A High Court judge has ruled that the Government's benefits cap unlawfully discriminated against disabled people by failing to exempt their carers. Alexander Campbell reports on the judgment.

Housing: Homelessness roundup
Catherine Rowlands rounds up of some of the most important Court of Appeal rulings this year in the homelessness field.
 
Housing: The HCA on consumer complaints
The Homes and Communities Agency has outlined its approach to dealing with consumer complaints. Daniel Milnes reports.

Information Law: In theory - local authority data retention
What are a local authority’s data retention obligations? John Atkinson talks to LexisNexis about at the practical steps councils should consider taking to ensure they do not fall foul of their legal obligations with regards to data retention schedules.

Information Law:
Re-using public sector information
This Q&A from the LexisPSL Public Law team examines the key changes implemented by the Re-use of Public Sector Information Regulations 2015, which came into force from 18 July 2015, replacing the Re-use of Public Sector Information Regulations 2005. 

Licensing: Exempt lotteries and deregulation
The long-awaited relaxation of rules on exempt lotteries has finally been announced, writes Anna Mathias.

Licensing: Shadow licences – a cause for concern or not?
Andrew Woods considers the law on so-called “shadow licences” under the Licensing Act 2003.

Licensing: The impact of cumulative impact
Philip Kolvin QC reports on two recent licensing cases concerning the application of cumulative impact policies.

Licensing: Gambling licensing and risk prevention
The Gambling Commission has published the 5th Edition of the Guidance to Licensing Authorities. Stephen McGowan looks at what is new.

Licensing: Costs awards in licensing appeals
A group of residents in Mayfair were recently ordered to pay the licensing appeal costs of another group of residents. Gary Grant explains why.

Litigation: Part 36 offers
The High Court has issued what is thought to be the first ruling on whether a Part 36 offer was a genuine attempt to settle. Andrew Cousins reviews the outcome of an age assessment case involving a local authority.

Litigation: 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.

Litigation: A respondent's right to a fair committal application
Toby Huggins sets out some of the key provisions to be borne in mind if committal applications are to succeed.

Management: Shared services: key issues
LexisPSL Local Government, Peter Ware and Angelica Hymers consider the statutory powers available to local authorities to provide shared services, the risks associated with exercise of those powers, and how delivery of shared services can be achieved.

Planning:
The Housing and Planning Bill: consents with benefits?
Rebecca Clarkson considers how the Government’s proposed duty to list financial benefits associated with planning may create trip wires for development.
 
Planning: Trump’s tilt at windmills
James Findlay QC analyses the Supreme Court's ruling in Donald Trump's challenge to an offshore windfarm and in particular highlights Lord Carnwath's significant comments on implied conditions In planning permissions.

Planning: Permission in principle: one step removed from prior approval and permitted development?
John Bosworth and Lee Ward consider the implications of the Government's proposed introduction of 'permission in principle'.

Planning: Section 106 and switching planning permissions
The Court of Appeal has recently considered whether a developer could switch between two different planning permissions, so as to avoid planning obligations imposed by one of those permissions. John Hunter analyses the ruling.
 
Procurement: More on 'living wages' in public contracts
The European Court of Justice (CJEU) has recently ruled on the extent that public authorities can require contractors and their sub-contractors to comply with regional legislation imposing a 'living wage'. David Hansom reports.

Procurement: 2, 4, 6, 8, who do we appreciate? (how do we evaluate?)
Mark Cook looks at the likely impact of much-heralded changes to the use of evaluation criteria.

Procurement: 
Location, location, location
Ruth Smith examines the outcome of a recent Spanish procurement case where a contracting authority had sought to specify location requirements for a health service contract.

Procurement: Being upfront
When it comes to publishing the ‘procurement documents’ electronically, what do contracting authorities need to publish and when? Jenny Beresford-Jones looks at a new steer given by the Crown Commercial Service.

Projects: 
Comparing project management methodologies
LexisPSL Public Law and Andy Cooke of PA Consulting Group compare three project management methodologies – PRINCE2®, PMBOK® and Agile. 

Projects: The importance of Dispute Adjudication Boards
Stephen Homer looks at the courts' approach to cases where there are contractually agreed methods of dispute resolution, such as appointing a dispute adjudication board.

Property: Breaking point
The Supreme Court has put an end to the confusion over break clauses, apportionment and implying contractual terms. Martin McKeague and Emma Porritt look at the key lessons from the ruling.
 
Property: Assets of Community Value: the latest rulings
Two new judgments have provided further guidance on the operation of the Assets of Community Value regime, writes Christopher Cant

Property: Parking charges and penalties
A recent Supreme Court ruling is of great significance to all those organisations, including NHS bodies, which run car parks. Virginia Cooper and Nadia Osborne report.

Property: Residential service charge recovery
Steven Eccles reviews two important rulings affecting the recovery of residential service charges by local authorities and housing associations.

Regulatory: 
High stakes
Significantly higher fines could be imposed for health and safety offences under new guidelines from the Sentencing Council. Helen Devery looks at the likely impact on local authorities and their employees.

Regulatory: The 'Average Consumer' and reasonable care
The Court of Appeal has recently shed light on what the 'Average Consumer' should do with regard to taking reasonable care. Alan Conroy looks at the lessons for local authorities when it comes to enforcement.

Transport: TfL and roads in the capital
A High Court judge has ruled on a dispute over the extent of Transport for London’s interests in London’s roads. Charles Banner reports on the outcome.
Name Price (ex-VAT)   Description
Housing: Key Developments in 2015 £25.00 Ranjit Bhose QC, Dean Underwood and Tara O’Leary present an update on key developments in housing law, focusing on recent changes to the right-to-buy regime, judicial alterations to allocations policies and welfare reforms.
Implementing the Care Act: Legal issues for local authoritie £25.00 This presentation looks at potential consequences of a number of key aspects of Care Act 2014 and outlines how local authorities can avoid or mitigate the potential issues it creates.
The Importance of Judicial Review £25.00 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 £25.00 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 £25.00 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.

Tower Hamlets Team Leader
Cherwell, Sth Northamptonshire and Stratford shared service
Tower Hamlets - Snr Property Leader
One Source Deputy Director of Legal Services
East Hampshire
Havant BC

Havant and East Hampshire
Head of Legal Services
Guildford Borough Council

Guildford Borough Council
Lawyer Planning/Corporate

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Basingstoke & Deane and Hart
Local Government and Litigation Team Leader
Cheshire East

Cheshire East Council
Children's Manager - Legal
Property Manager - Legal
Senior Planning & Highways Lawyer
Planning & Highways Lawyer

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Brighton and Hove
Contracts and Procurement Lawyer

Ealing Council

Ealing Council
Contracts Lawyer
Manchester City Council

Manchester City Council

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Hillingdon Council
Property Lawyer
Waverley Borough Council

Waverley Council
Planning Lawyer (maternity cover)
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Lewes & Eastbourne Councils
Property Lawyer
St Albans

St Albans City & District Council
Solicitor - Contracts & Procurement
Warwickshire CC
Warwickshire County Council

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