One in three council solicitors "see charging rules as major constraint" SRA research finds nearly half of local authorities expected to change legal team's approach should restriction be lifted
MoJ presses ahead with key reforms to judicial review Response to consultation gives green light to specialist Planning Court in High Court, lower threshold in cases of defects in procedure and easier process for 'leapfrogging' to Supreme Court. But no change to test for standing
Supreme Court in key ruling on village greens and rectification Lapse of time not immaterial to whether it is just to rectify register but question of detriment or prejudice will be crux in most cases
Councils publishes legal advice as row over libel indemnity worsens Local authority puts opinions from James Goudie QC and Tim Kerr QC on website as stand-off with audit watchdog continues
Local Land Charges officers slam proposed Land Registry takeover Plan for Land Registry to take over LLC function would lead to "more fragmented, more costly and less reliable service"
Council faces legal action over plan for football club training ground Campaigners argue borough fettered its discretion as QPR given planning permission to redevelop land and granted 200-year lease
Fostering and adoption agencies, councils warned on info transfers Highly sensitive personal information "routinely emailed" between agencies and local authorities without encryption safeguards in place, says ICO report
Contracts to allow sharing of procurement info across Whitehall Cabinet Office demands standard clause allowing procurement information - including that supplied during bidding process – to be shared across central government departments and other in-scope organisations
Government vows to tackle barriers to use of social value legislation Some commissioners held back by uncertainty as to what they can and cannot do under the law, says Cabinet Office review
Change to Care Bill could see appeals system for social care decisions Minister introduces amendment allowing regulations to be introduced so people unhappy with council decisions can bring challenge
LAST CALL: The deadline to apply for the role of Legal Assistant at the Local Government Association is 5 pm today (7 February). You also need to apply today for the role of Lawyer - Property & Contracts at North Dorset District Council (£34,894-£37,578 plus potential for market forces supplement subject to discussion). Other great jobs on LGL include:
To see all roles on LGL, click here. There are a number of excellent locum roles too: Governance Lawyer, Commercial Property Locum, Adults Lawyer, Childcare Lawyer and Data Protection/FOI Legal Officer.
More news stories....
WLGA to offer alternative vision on public services reform Association seeks urgent discussion with First Minister to see if alternative vision to Williams Commission is possible
Council chiefs call for comprehensive review of licensing legislation Scrap obsolete laws and give one central government department oversight of revamped framework, says LGA
Guidance issued on banning sale of alcohol below cost of duty + VAT Home Office expects legislation to come into force in April
HIgh Court refuses to give claimants in QASA JR permission to appeal Barristers told to pay nearly £150k in costs to Legal Services Board and Bar Standards Board
NHS Commercial Solutions to set up £60-120m framework Organisation represents trusts in South East and East of England
LGO raps council for failing to inform homeless persons of legal rights
Second local authority rapped over LGPS opt-out for senior officers
Council finds 60% of sunbeds breach legal limit for UV rays
LGA calls for overhaul of "overly complex" regime for securing CPOs
DLA wins £500k contract to advice on public transport system for Leeds
See all of our most recent news stories
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New articles on Local Government Lawyer
Why do we need the Planning Inspectorate's guidance on planning agreements?
David Brock questions the approach taken by the Planning Inspectorate to the important issue of executing documents such as s. 106 agreements.
Pre-proceedings process and the Public Law Outline
Kiran Gupta of Essex Legal Services looks at the pre-proceedings process, the Public Law Outline and what local authorities need to do.
Teckal and exceptions to the mandatory application of procurement procedures
The European Court is currently determining the extent of the application of the Teckal and public authority cooperation exceptions to otherwise mandatory EU public procurement procedures under EU Directive 2004/18. Rebecca Houlden looks at the Advocate-General's opinion.
Planning chamber becomes Planning Court in judicial review proposals
Angus Walker reports on the outcome of the second judicial review consultation that took place late last year and in particular on the impact on planning cases.
The requirement to hold a council tax referendum
The prospect of local authorities holding a referendum on an increase to council tax is becoming more likely. Frances Woodhead and Clare Hardy consider the legal background.
Principles set down for non-disclosure in Court of Protection proceedings
The Court of Protection team at 39 Essex Street analyse an important decision on the approach to be adopted to the withholding of documentary material from a party to CoP proceedings.
Coming to an area near you - selective licensing in the private rental sector
The number of local housing authorities introducing selective licensing in the private rental sectors is on the rise. Samantha Jackson looks at what is involved.
Expiry of fixed term contracts and collective redundancy consultation
A Scottish court has found that the expiry of fixed term contracts did not count for collective redundancy consultation purposes. Simon Lambert analyses the ruling.
Fixed odds betting terminals - pressure grows on the betting industry
Paddy Whur looks at the Parliamentary debate over fixed odds betting terminals and local authorities' room for manoeuvre.
Latest courses on Local Government Law TV
|The Equality Act - Defences and Compliance
||This course provides an overview of judicial attitudes to challenges to claims made under the Equality Act so far to enable local authorities and other public bodies to assist them to comply with the PSED and to defend claims when they arise.
|Anti-Social Behaviour: The New Regime
||This presentation provides best practice guidance on using the new tools to combat anti-social behaviour that will be made available by the Anti-social Behaviour, Crime and Policing Bill when it becomes law.
||This course looks a practical look at the operation of flexible tenancies from a social landlord's perspective, with particular emphasis on regaining possession of properties homes let under flexible tenancies.
||The Zambrano decision has been challenged and refined on a number of occasions and this course examines the originating and subsequent case law and regulations to provide an up-to-date picture of when Zambrano rights do and do not apply.
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The latest blogs...
Is the Localism Act 2011 the law of unintended consequences? by Angus Walker
This entry looks at how the localist powers in the Localism Act 2011 are being used.
Snap judgement: Is the 'risk-based' approach to legal services being proposed by Middlesbrough Council....
...the future role of local authority lawyers - it's not practical to scrutinise every proposal in the current environment
...a false economy - the resultant claims and reputational damage will outweigh any savings
Click here to vote now
And some you may have missed....
Adult Social Services: Framing the test of capacity to consent to sex
The Court of Appeal has just handed down a very important judgment on the nature of the capacity to consent to sex. Lucy Series
looks at the approach it has taken.
Community Safety: Business Against Crime schemes, Pubwatch and public law challenges
The High Court has dismissed a challenge to the role of a local authority in supporting a Business Against Crime scheme. In so doing, writes Philip Kolvin QC
, it has strengthened the ability of local authorities to prevent crime in their areas, without exposing themselves to public law challenges.
Employment: Employment status: Agency workers
reports on a case over whether agency workers can only be deemed to be employees of end-user clients if it is 'necessary' to do so. The Employment Appeal Tribunal reviewed recent case law and confirmed the principles which should be applied when determining employment status.
Governance: Freedom of Information: But what is information?
The Upper Tribunal has addressed the question of what 'information' means for the purposes of the FOI regime. Christopher Knight
analyses the ruling.
Healthcare: Better Care Fund plans: how does it fit?
and John Chapman
examine the role that Integrated Services Agreements could have to play in relation to the Better Care Fund.
Housing: Offers of accommodation and the giving of reasons
The Court of Appeal recently considered whether a local authority needed to give reasons for its accommodation offer to a homeless woman. Catherine Rowlands
explains the case.
Licensing: Garage forecourts, premises licences and the Services Directive
A licensing authority has accepted that section 176 of the Licensing Act 2003 is incompatible with the EU Services Directive. Leo Chalambides
Litigation: Lessons for local authority litigators from the Plebgate affair
of Hertfordshire County Council highlights the key learning points for local authority litigators arising out of the Plebgate costs litigation.
Planning: Justice not seen is justice denied?
and John Pugh-Smith
consider two recent planning cases where the costs outcome left a sense of injustice.
Procurement: Tender information can be personal
looks at a local authority's attempts to protect confidential information from an unsuccessful bidder, first by relying on section 43 FOIA and later by citing section 41.
Property: Building certainty and demolishing guesswork
The Government is consulting on a simplification of the listed building consent regime. Matt Gilks
examines the key proposals.
Regulatory: Fatalities in care homes and sentencing by the courts
of South Kesteven DC looks at recent Crown Court cases brought by district councils involving the fatality of residents in care home and discusses the approach the courts will take when sentencing charities.
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