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MAKE YOUR MOVE IN 2016: There are some superb opportunities but watch out for the closing dates: Click here to see all posts.

TOP INTERIM ROLE: Senior Criminal Advocate (East London).

Central Law Training: Commercial Leases for Local Authorities: Differences and Pitfalls - 8 March - North West. Also in London on 15 June and Newcastle-upon-Tyne on 29 June.


Planning Court hears key case on residential gardens and brownfield land
Key issue is whether some private residential gardens can be considered brownfield land, amid reports that it could potentially signal return to so-called “garden grabbing”

Lambeth and Southwark to re-procure £12-24m barristers framework
London boroughs of Lambeth and Southwark to re-procure their barristers framework, which is estimated to be worth between £12m and £24m over four years

Competition watchdog warns councils over high-strength alcohol schemes
Competition and Markets Authority reminds local authorities that schemes aimed at reducing consumption of high-strength alcohol must not breach competition law

Lincs councils "on track" for shared service launch including legal in April
Two local authorities say this week that proposed shared service including legal services is on target for launch in April 2016

Council ordered to pay £65k over death of vulnerable man at day centre
Local authority ordered to pay nearly £65,000 in fines and costs after vulnerable day visitor choked to death at one of its care centres

Council invites tenders for £1.28m in legal services for adults and children social care
Royal Borough of Windsor and Maidenhead calls for tenders for provision of £1.28m-worth of legal services for Adults and Children's Social Care

Government to change adoption law to address fall in court orders
Ministers to change law to make prioritising lifelong stability for vulnerable children with loving family a legal requirement, in bid to address major reduction in court orders

Council obtains final injunction over demolition of historic pub
High Court judge grants final injunction to Westminster Council preventing any further demolition works or other unauthorised development on site of historic public house in Maida Vale
Housing associations "must fight back" against EPA claims
Law firm Devonshires urges housing associations to “take a stand” against what it claims is rising number of prosecutions being brought by tenants under Environmental Protection Act

Housing trust ordered to pay £210K after employee injured by ride-on mower
Social landlord ordered to pay £210,000 in fines and costs after worker suffered severe injuries to his left hand when it was struck by metal blade on ride-on mower (On Public Law Today)

Local government law specialist Paulin moves to 4-5 GIS
Goodman takes legal advisor role at Avon Fire & Rescue
Bhogal to head London healthcare advisory team at Hill Dickinson

FEATURED SUPPLIER: The Legal 500 recognises Fenners as the leading barristers’ chambers in the East of England. From our base in Cambridge we work regularly throughout the East of England, the northern Home Counties and London. We travel to courts anywhere in England and Wales.

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Kent’s Wild to appear before Commission on Freedom of Information
Director of Governance and Law at Kent County Council to give evidence before Independent Commission on Freedom of Information

Community Infrastructure Levy has value but implementation is variable: RTPI
CIL has its value, but there appears to be significant variation in the way it is implemented, Royal Town Planning Institute says in submission to government review

TfL halts tube station closure plans after legal threat from council
Transport for London agrees to halt plans to close tube station for eight months to carry out lift repairs, after being threatened with legal action by Islington Council

Give clear advice on disability payments, says LGO as council pays £7k
Local Government Ombudsman urges councils’ adult social care teams to provide clear advice to service users on “often complex” system of disability payments

LGO reminds councils to offer care placements without need for top-up fees
Local Government Ombudsman warns councils that, when arranging care, they must offer families option of nursing or care home placement which does not need top-up fee

MPs criticise “unclear” role of Regional Schools Commissioners
Regional Schools Commissioners occupy increasingly powerful position in education system but their role is “unclear, even to key partners in the education sector”, claims Education Committee

See all of our most recent news stories
TOP INTERIM ROLES: Information Governance Lawyer (London), Childcare Solicitor (Kent), Litigation Locum (North West), Commercial Contracts & Procurement Lawyer (East Anglia) and Planning Solicitor (Suffolk).

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European State Aid Law and Policy Third Edition Conor Quigley
New articles on Local Government Lawyer

Homelessness: the elderly and vulnerable adults
LexisPSL Local Government and Elizabeth England set out the duties owed by local authorities to those presenting as homeless, and the particular issues that affect elderly and vulnerable adults.
Conflicts of interest and procurements
A Court of Justice of the European Union ruling provides local authorities with some useful hints and tips for dealing with any conflicts that arise in their own procurement exercises. Carroll Dodd explains.
On message?
The European Court of Human Rights has found that an employer was entitled to access an employee’s private Yahoo! messages (and to sack him). Robin Hopkins analyses what the ruling means in practice.
The trials and tribulations of planning challenges

Antonia Murillo and Sara Wex look at planning statutory reviews and how they differ from judicial reviews

Back to work
The Government has modified its approach to the recovery of public sector exit payments. Allison Cook reports.
Constrained choice can be true choice
The Upper Tribunal has recently considered whether the threat of recall to hospital from the community meant that the patient’s consent was not free and therefore invalid. The Court of Protection team at 39 Essex Chambers analyse the outcome.

TUPE and tasks of short-term duration
The EAT has provided guidance on whether post-transfer events can be taken into account when deciding whether to apply the exemption from the TUPE Regulations for tasks of "short-term duration". Anne Palmer reports.

Loans and students not settled in UK
Rachel Kamm reports on the latest instalment in a long-running tale about students who are not eligible for student loans because of their immigration status.
When medical treatment becomes a crime
A recent case highlighted the rare circumstances in which a doctor can be convicted of gross negligence manslaughter. Majid Hassan, Joanna Bower and Ed Mellor consider the criteria needed to establish this offence.

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The latest blogs...
Government starts removal of onshore wind from Planning Act regime - by Angus Walker
This entry reports on statutory instruments that will remove onshore wind fro the Planning Act 2008.
Catch-up on recent articles on Local Government Lawyer and Public Law Today:

Adult Social Services: So that was 2015
Alex Ruck Keene provides a mini-review of developments in relation to mental capacity.
Adult Social Services: Best interests analyses and capacity assessments
Mr Justice Mostyn has reminded fellow judges that, when dealing with a patient whose treatment decisions will be handled under the Mental Capacity Act 2005, the wishes and feelings of that patient should be confined to the best interests analysis. Richard JollyTony Yeaman and Beth Buchanan report.

Adult Social Services: 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.

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: 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.

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: Unauthorised absence from school
What happens if a parent refuses to pay a penalty notice for their children's unauthorised absence from school? The LexisPSL Local Government team sets out the key points.

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: New Year, new employment law
January 2016 heralds a number of important employment law changes, writes Louise Singh.

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: 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.

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.

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: 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.

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.

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: Early neutral evaluation
Changes to civil procedure rules mean greater use could be made of Early Neutral Evaluation, writes Marie-Claire O'Hara

Litigation: 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.

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.

What is a tree?
A recent Court of Appeal case concerned a tree replacement notice issued by a local planning authority. Martin Goodall examines the outcome.

Planning: Tales from the tavern
The owner of a tavern lost a challenge against a planning inspector's approval for a block of flats neighbouring her premises which it was claimed might put her out of business. John Gaunt explains why.

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: Automatic suspension hearings
Has the bar been raised slightly higher for challengers to maintain an automatic suspension? Chris Jackson and Richard Binns report.

Procurement: 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.

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.

Projects: 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.

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

Property: Public law defences and sales of land
Amanda Eilledge explores the availability of public law defences and promissory estoppel in the context of a contract for the sale of land.

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

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.

East Hampshire 

Havant BC

Havant and East Hampshire
Head of Legal Services
Tri-borough shared service

Tri-borough Shared Legal Service
Senior Solicitor - Housing Litigation

Guildford Borough Council

Guildford Borough Council
Lawyer Planning/Corporate

Worcestershire County Council

Worcestershire County Council
Solicitor - Adult Social Services

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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

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Contracts Lawyer
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Specialisms in the areas of Court of Protection, Professional Negligence, Disciplinary Tribunals, Employment Law, Planning, Health & Safety and Immigration, experienced in acting on behalf of Local Authorities.
A&M Bacon Ltd
We are an independent leading firm of Costs Lawyers specialising in Defendant costs for both paying and receiving costs matters.
Cadogans is a group of engineers and scientists distinguished by its breadth of experience and ability to tackle problems that combine more than one discipline.
Easton Bevins
Easton Bevins is a leading independent Chartered Building Surveying Practice with a vastly experienced team of Expert Witnesses
Edulaw Chambers
Edulaw Chambers provides specialist advice, advocacy and training in education law. We regularly act for local authorities and schools/academies.
The Legal 500 recognises Fenners as the leading barristers’ chambers in the East of England. From our base in Cambridge we work regularly throughout the East of England, the northern Home Counties and London. We travel to courts anywhere in England and Wales.
Francis Taylor Building
Francis Taylor Building is a long established leading public law set, with particular expertise in planning, land valuation, infrastructure, environmental, public law, licensing and regulatory law.
Gibbins Costs Lawyers
Gibbins has grown to become one of the North’s largest independent firms of Costs Lawyers and Consultants, serving Solicitors and Legal Practitioners nationwide.
Ivy Legal
Ivy Legal Ltd is an innovative planning enforcement law firm that specialises in supporting local authorities.
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Training & therapeutic consultancy for children, adults & families. Expert witness and Ofsted inspected adoption support agency
Jordan Publishing
Under our two brands, Jordans and Family Law, we publish practitioner books, looseleaf services, journals and law reports in both print and online format covering the entire range of legal practice and regulation.
Laird Assessors
We provide an expert witnesses service that is second to none. We have highly qualified, experienced & well trained motor engineers positioned strategically throughout the UK providing accident investigation and supporting services.
Legal Document Translation
Legal Document Translation provide you with a proven, trouble free translation process. We work for local authorities and solicitors UK wide.
Lextox Drug and Alcohol Testing
A specialist hair drug and alcohol testing laboratory established by experts to provide the most reliable results and most responsive customer service.
Professor Tony Monk
Professor Tony Monk is an eminent Architectural Expert Witness and is accredited to act in legal disputes covering design, technical and professional defects in the architectural and building industry.
TRL's widely respected Incident Investigation and Reconstruction Group consists of expert scientists, engineers and technicians, who specialise in the forensic investigation of incidents involving road traffic, the road environment and road user behaviour.
WeatherNet Ltd
With 15 years experience, WeatherNet can provide complete forensic legal weather reports or witness statements for a range of civil and criminal cases.
Wilkin Chapman Goolden
At Wilkin Chapman Goolden we offer a high level of expertise with the support of a full range of specialist lawyers offering expert advice on the complete range of legal services.
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