Local Government Lawyer
www.localgovernmentlawyer.co.uk - unique visitors in November: 34,575.
New Year, New Job? We have a bumper set of permanent positions on the site at the moment. Don't miss out!

JOB OF THE WEEK: North Hertfordshire District Council is looking to recruit a Property and Planning Lawyer. This is a newly-created role at an exciting time to join the council, with the district set to grow.
EVENT OF THE WEEK: 12 College Place is holding two Planning and Environmental Law conferences in Exeter on 13 March and York on 26 March. Book now!

Councils to tap £1m Planning Enforcement Fund to secure injunctions
Local planning authorities will be able to apply for up to £10,000 per case

LLG Southern Br
anch councils launch search for new legal services panels
Calls for expressions of interest made on behalf of thirty-six authorities

City council faces potential judicial review over trading standards cuts
Trading Standards Institute providing support to local resident, who is a member of the TSI

Judge upholds challenge to decision by council to join housing consortium
Claimant had argued that exercise of power to dispose of property under s. 123 of Local Government Act 1972 was unlawful

Court of Appeal rejects challenge to permission for 1,700 home development
Claim by local resident included allegations of defects in consultation

Charity threatens judicial review over revised school exclusions guidance
Lack of consultation by DfE despite significant changes being made that cut protections for those vulnerable to exclusion, says Just for Kids Law

Council making good progress but "yet to make lawful decision on allowances"
Audit watchdog issues follow-up report after special inspection and two reports in public interest

TfL policy on black cabs using bus lanes survives European Court challenge
Practice does not amount to conferring of selective economic advantage, says Court of Justice of European Union

Ninety-three lawyers appointed Queen's Counsel in 2014/15
Planning barristers at Francis Taylor Building and Landmark Chambers among those to be successful, while a number of advocates specialising in children law also recognised

PLANNING YOUR NEXT MOVE? This is the last call for two great roles at Tower Hamlets: Head of Legal Operations (£65,808 - £73,602) and Principal Lawyer - Development (£57,111 - £59,982). The closing date for both is 18 January.

Other fantastic posts:
To see all roles on LGL, click here.

Rights of way battle between council and trail riders reaches Supreme Court
Dispute over whether council was right to reject motorcyclist's application to change status of footpaths and bridleways for failure to comply with statutory requirements

Supreme Court to hear bedroom tax challenge from adults with disabilities
Five claimants had housing benefit cut through 'under-occupancy charge' despite being unable to share bedroom

Watchdog to appeal decision on gambling in pubs to Upper Tribunal

Gambling Commission says First-Tier Tribunal ruling appeared to handicap it from doing what it was set up to do

Policy statement issued on proposed enabling power for public procurement
Draft regulations also published for enabling power that would allow Government to make secondary legislation

Number of DoLS authorisation forms cut in bid to speed up processing
Cutting from 32 to 13 was not an easy task, says ADASS project lead

Supreme Court to consider anonymity of mental health patients in civil courts
Issue is whether patients conducting litigation are entitled to presumption of anonymity

Legal execs regulator reveals interest in members running own businesses
Nearly 50 expressions of interest received from CILEx members since applications made possible. Also interest from already regulated legal practices

Private company to withdraw from running NHS hospital
Employee-owned partnership disputes findings of report from Care Quality Commission, which puts trust in special measures

Draft local audit code laid before Parliament for approval

See all of our most recent news stories
INTERIM ROLES: Principal Lawyer/Deputy Head of Legal, Adult Social Care & Education Solicitor, Housing Litigation Lawyer, Information Governance Locum and Practice Manager.

FEATURED SUPPLIER: 37 Park Square provides specialist advice and advocacy in the core areas of Family Law, Criminal Law, and Civil Common Law with specialisms in the areas of Court of Protection, Disciplinary Tribunals and Planning.
New articles on Local Government Lawyer

NoonThe interpretation of contracts
In the second article in a five-part series, Stephen Brown and Sappho Dias, barristers at 4-5 Gray's Inn Square, consider how the Court will go about construing a contract.

On call hours and working time
Does 'on call' time count towards 'working time'? Graham Richardson looks at the key considerations.

How to apply the DPA
The Upper Tribunal has endorsed a number of propositions around the use of the DPA condition in relation to requests for disclosure of personal data. Robin Hopkins reports.

Asset finance in the education sector
Thomas Evans analyses the key issues – including ultra vires – for state schools entering lease agreements for equipment.

Caste or no caste?
A recent EAT ruling in a case where an employee sought to claim in part for caste discrimination has important implications for public bodies, writes Mirza Ahmad.

Licensed premises associated with serious crime
The High Court has rejected a judicial review challenge against the Metropolitan Police and the London Borough of Newham over the bringing of summary review proceedings. Gerald Gouriet QC reports on the judge's reasoning.

Section 17 and no recourse to public funds
The latter half of 2014 saw the Administrative Court consider challenges to local authority decisions concerning the provision, under s. 17 of the Children Act 1989, of financial support for families who have no recourse to public funds. Eirwen Pierrot examines the rulings.

No duty to review?
Are Local Safeguarding Children Boards under a duty to conduct a serious case review into alleged institutional abuse or neglect? Bryan McGuire QC reviews a recent High Court judgment.

New courses on Local Government Law TV

All courses are CPD-qualifying. Your first course is FREE.

Recent Planning Changes £25.00 This presentation identifies and outlines the potential effects of a number of key planning changes, including the government's technical consultation on planning, the conversion of offices to residential accommodation and changes to the NSIP regime.
Recent Developments in Information Rights Law and Practice 2014 £25.00 In this presentation, the Deputy Information Commissioner Graham Smith provides an update on some of the key issues in freedom of information and data protection law.

Departmental subscriptions from £249 + VAT for 12 months unlimited access (LLG members). Click here for details.

The latest blogs...
NSIP judicial reviews more than double by Angus Walker
This entry reports on judicial reviews of nationally significant infrastructure project decisions.

National Networks NPS approved by House of Commons

Been away? Features on Local Government Lawyer recently include:

The most-read articles of 2014
Local Government Lawyer has received more than one million unique page views in the last 12 months. But what were the most-read news stories and feature articles by practice area?

Adult Social Services: Not like Cranmer

The test for capacity to consent to sex has changed. Bryan McGuire QC explains a recent High Court ruling.

Adult Social Services: Habitual residence – the latest word
The Court of Protection team at 39 Essex Street examine an important ruling on the issue of habitual residence

Children: Realising the jigsaw does not resemble the picture on the box
In the second article in a two-part series, Shaun Spencer analyses two significant Court of Appeal rulings in relation to adoption.

Children: Removal of children from the care of their parents
A High Court judge has given guidance on cases where a local authority seeks to remove children living at home under a care order. Jason Hughes outlines the ruling.

Community Safety: The Counter Terrorism and Security Bill and local authorities
Nicola Bennison and Frances Woodhead analyse the impact on local authorities and educational institutions of proposed legislation aimed at helping prevent individuals being drawn into terrorism.

Employment: Access to justice in the employment tribunal
Last month UNISON lost the latest stage of its judicial review challenge in relation to employment tribunal fees. Susan Belgrave examines the ruling.

Employment: Zero hours contracts and the Public Sector
The use of zero hours contacts in the public sector is greater than it appears. David Widdowson considers some of the issues they raise.

Governance: Hail the Chief (Finance Officer)
The Chief Finance Officer plays a vital role in administering a local authority’s affairs. However, their functions are set by statute and are limited; there can be no prospect of a coup d’etat by the Chief Finance Officer. Sappho Dias and Lee Parkhill examine the role.

Housing: Article 8 challenges and possession orders
The Court of Appeal has dismissed an Article 8 challenge over the making and enforcement of a possession order. Jon Holbrook explains why.

Licensing: The wrong name of appellant
In a judgment that will be of interest to all practitioners involved in licensing appeals, the High Court has dismissed a nightclub’s judicial review. Gary Grant reports.

Litigation: The E-Courtbundle has landed
“You had better get used to it as it appears to be the future,” said one judge. Geoff Russell reports on the piloting of E-Courtbundle in childcare proceedings in Nottinghamshire.

Planning: Local plans, housing supply and the NPPF
A “radical” change in the National Planning Policy Framework has rendered a council’s housing figures unsound, the Court of Appeal has ruled. Zack Simons reports.

Procurement: Did I agree that!?
In a series of articles Stephen Brown and Sappho Dias of 4-5 Gray's Inn Square will look at the principles of interpretation of contracts, consider the pitfalls and provide some drafting tips.

Local Government Law.tv

We are pleased to announce the introduction of an annual corporate subscription that will provide access to a full year of CPD accredited legal training for your lawyers and your client departments

What is included

  • unlimited access to the full library of webinar content for 12 months
  • the option to purchase DVD copies of the webinar training
  • discounted rates offered to attend LGG training courses
 Who can take the training?
  • lawyers and other professionals within your team, each of whom will be provided with personal login to enable them to earn and keep a record of their individual CPD credit.
  • members of your client departments, such as the child protection team, trading standards officers, planners, procurement professionals or social workers. On purchasing a corporate subscription, a client account login will be provided for use by your client departments to view online content at no extra charge.
What is the cost?
  • the cost relates to the numbers of individual registered users per authority, excluding those who use the client account.  These users will be registered for the full year of the subscription with the option to replace a registered user if somebody leaves the authority during the year of subscription.  Option 1 below
  • a DVD option will supply a DVD for every webinar booked – Option 2 below
  • in addition to option 1 a DVD can be purchased for an individual webinar at an additional £15 + VAT if required.  This can be ordered when booking the webinar
  • for a shared legal service serving more than one authority area, references to the number of registered users are to the combined aggregate number of users from the relevant authorities
  • registered users of a corporate subscription will benefit from discounted offers to attend LGG training events during the 12 months.
  Lawyers in Local Government  (LLG) member authorities Non-LLG Members
Individual subscription £99 (+VAT) £199 (+VAT)
Local authority with up to 10 registered users £249 (+VAT) £495 (+VAT)
Local authority with 11 – 30 registered users £495 (+VAT) £995 (+VAT)
Local authority with more than 30 registered users £649 (+VAT) £1295 (+VAT)
Law firms with up to 20 registered users n/a £1750 (+VAT)
Law firms with 20+ registered users n/a £2495 (+VAT)
 How to register for a corporate subscription
Individual subscriptions can be purchased online here

To set up a corporate account please contact Derek Bedlow on 0207 239 4917 or by email giving details of your authority, the number of users you would like to register and if you would like to take the DVD option for all booked webinars.
We will then contact you within 24 hours to confirm this subscription has been set up.  The corporate subscription members will then be able to register on the site and instantly access the webinar training.
Alternatively, if you would like to pay-as-you-go for webinar training by setting up a corporate pay-as-you-go account for your authority a monthly invoice will be produced and a 10% discount will be applied to all purchases by members of your authority.
There is also the option to take a free trial of a webinar (which includes CPD credit).  Register as a user and add your preferred course to the cart. During the checkout process, enter FREE TRIAL in the box where indicated (don't forget to click 'Submit'), and the cost of your course will be reduced to zero. Complete the process and your course will be instantly available to view and you can watch it as many times as required for 30 days, from any computer or most mobile devices.

Click here to see all courses on Local Government Law.tv (119)

Services Directory
1KBW has a pre-eminent reputation in family law. Our barristers have been at the cutting edge of the development of family law and have been in most of the groundbreaking cases over the last two decades.
37 Park Square
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.
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.
In Real Time Translation
In Real Time Translation, a UK Company, provides document translation services, language interpretation services as well as sign language, Braille and other services.
Ivy Legal
Ivy Legal Ltd is an innovative planning enforcement law firm that specialises in supporting local authorities.
Joanna North Associates Ltd
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.
LGG delivers an extensive annual CPD training programme that is ultimately designed to provide the public sector legal practitioner with a one-stop shop.
Local Government Law TV
Local Government Law.tv combines the experience of the leading local government legal training provider with the immediacy of an online news service to provide a comprehensive selection of up-to-date webinars
MBL Seminars
With over 80+ years of collective CPD experience we have provided learning and development to over 30,000 lawyers and other professionals to date.
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.
Copyright © 2015 Local Government Lawyer, All rights reserved.