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JOB OF THE WEEK: Mid Kent Legal Services – part of the ground breaking Improvement Partnership between Swale, Maidstone & Tunbridge Wells Councils - is hiring a Deputy Head of Legal Partnership (£55,044 - £64,390 doe + car user allowance).
EVENT OF THE WEEK: Francis Taylor Building is holding a half-day Rating Seminar in London on 23 October.
Claimants go to Court of Appeal over approach to deprivation of liberty cases
Application made for leave to appeal two key parts of preliminary ruling by President of Court of Protection
Lawyers in Local Government in leadership challenge for women in sector
Project involves programme in UK and four-day module in South Africa
South West One report finds issues over audit, transparency, data and FOI
Updated report highlights more challenges that high profile joint venture faced
Council defeats claim brought for 101 year old over care home closure
No valid grounds for challenging decision, High Court judge rules
Court of Appeal rejects call by solicitor to quash dismissal of his claim
Claimant argued that Employment Tribunal decision - rejecting his race and disability discrimination claim against a council - had not been properly made
Delays to civil injunction for anti-social behaviour until legal aid changes made
Home Office says delays probably until January 2015 because of "unavoidable and necessary changes"
DCLG warns 11 councils of legal action "in weeks" over publicity code
Local authorities in firing line over frequency of their publications
Settlement reached in legal row over skateboarding at Southbank
Both sides withdraw challenges over town and village green bid and registration as asset of community value
CAMRA wins second judicial review in battle with city council over pub
Campaign group wins legal actions over planning decisions allowing changes to interior of heritage pub
Cyber security scheme made mandatory for certain government contracts
Call for local authorities also to adopt scheme aimed at reducing levels of risk
Lord Young to lead Government review of Social Value Act
Consideration will be given as to whether legislation should be extended to cover contracts for goods and works as well as services
APPLY TODAY: There are some top-notch roles on LGL:
SENIOR CONTRACT ROLES: There are some fantastic posts available across a range of practice areas including: Senior Planning Lawyer, Senior Legal Adviser, Senior Commercial Property Lawyer and Senior Civil Litigation Solicitor. To see all roles on LGL, click here.
MORE NEWS STORIES....
Voters in East Riding reject extension of boundaries of neighbouring authority
High turnout at referendum but Hull says it was asking wrong questions at wrong time
Equalities watchdog launches consultation on its strategic litigation policy
Commission for Equality and Human Rights seeks input from lawyers and other stakeholders as it looks to set priorities
TfL bus lane policy "does not amount to unlawful state aid": Advocate General
AG Wahl said he did not find state rules were generally concerned with state measures such as a bus lane policy, provided equal treatment of comparable undertakings
Planning Court rejects bid for second judicial review on hotel and golf scheme
Attempt to challenge decision to approve landscape and ecological management plan
Ten Greater Manchester authorities consult on region-wide development plan
Consultation to test evidence base for proposed statutory joint Development Plan Document for next 20 years
Housing delivery partnerships the way forward for affordable supply: research
Significant reshaping of housing sector taking place but flexibility seen as key, according to report by law firm Trowers & Hamlins
Academy loses High Court passing off action brought against private college
SRA consults on removing requirement to do Management Course Stage 1
Tenants back conversion of ALMO into housing association
See all of our most recent news stories
KEY EVENTS AND COURSES:
FEATURED SUPPLIER: 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.
New articles on Local Government Lawyer
Deprivation of liberty and due process
Following the Supreme Court decision in Cheshire West, the Courts are struggling to get to grips with the practicalities of the expected deluge of cases. Lord Justice Munby has started to map out the way forward. Ben Troke looks at what the CoP President has had to say.
Safeguarding and the CoP – a(nother) salutary tale
A Court of Protection judge has sharply criticised a county council for unlawfully depriving a 19 year old of her liberty and breaching her rights. The CoP team at 39 Essex Street examine the judgment.
The Homes and Communities Agency and intervention
Dean Underwood considers the Homes and Communities Agency’s recent Consumer Regulation Review and the questions it throws up about the threshold for HCA intervention.
Legal apprenticeships for local authorities
How can the various types of legal apprenticeship help local authority legal departments? Noel Inge explains the benefits and how councils can set up schemes.
TUPE: the latest cases before the EAT
The Employment Appeal Tribunal has been busy shining a light into some of the darker corners of the TUPE Regulations. Sarah Lamont rounds up the recent run of cases.
Ordinary residence: homeless children
The Community Care team at 39 Essex Street consider the lessons to be learned from a Local Government Ombudsman investigation into a complaint against Doncaster Council.
Dispensing with American Cyanamid?
Is a fresh approach being developed in relation to interim relief in procurement challenges? Calum Lamont analyses the latest case law and the continued role of the American Cyanamid principles.
Street lighting claim
A court recently considered whether a local authority owed a duty after it failed to maintain street lighting. Sarah Wilkinson reports on the outcome.
New courses on Local Government Law TV
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|Whistleblowing in the Public Sector
||This presentation examines the effect of the law(s) intended to facilitate whistleblowing and to protect whistleblowers, and provides guidance to public authorities on how to prepare for and respond correctly to a disclosure.
|Local Government Finance for Lawyers
||This presentation provides an overview of the structure of local government finance, the budget-setting processes of local authorities and the respective responsibilities of members and officers in deciding and monitoring spending.
|Recent Developments in Information Rights Law and Practice 2014
||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...
Another NSIP decision and more good documentation by Angus Walker
This entry reports on the latest nationally significant infrastructure project decision and more examples of recommended documentation.
A new decision and miscellaneous NSIP application news
Been away? Features on Local Government Lawyer recently include:
Adult Social Services: The Care Act: capping costs
The Community Care Team at 39 Essex Street
examine the likely impact of the cap on care costs contained in the Care Act 2014.
Children: Are you ready for the Children and Families Act?
Clinical commissioning groups and councils must now work together on commissioning services for children and young people with disabilities and special educational needs. David Owens
and Madeline Moore
look at the key issues for CCGs in particular.
Employment: Recovering in-house legal costs in the Employment Tribunal
A recent case provides a reminder that in-house legal teams should take care to record their time and costs if they wish to recover their costs of litigation in the Employment Tribunal, write Rebecca Pallot
and Simon Lambert
Governance: Damages for loss of personal data
A £20,000 award in damages for loss of personal data was recently upheld on appeal. Robin Hopkins
analyses the judgment.
Healthcare: The way forward for health and social care?
A bold vision for the future of health and social care has been published by the Commission for the Future of Health and Social Care in England, chaired by Kate Barker. Anne Crofts
and Judith Barnes
look at the key findings.
Housing: Housing and homelessness update
reviews some of the key recent decisions in the field of housing and homelessness law.
Licensing: Changes to the Mandatory Conditions
reviews the Home Office's guidance on imminent changes to the mandatory conditions applying to all licensed premises.
Litigation: Defamation and the "serious harm" test
In a case brought by a housing association and its chief executive against a national newspaper, the High Court has given guidance on the new “serious harm” test for defamation. Cynyr Rhys
Management: Charting a course
These are undeniably challenging times for the public sector but its lawyers should still be upbeat, Lawyers in Local Government President and Director of Essex Legal Services Philip Thomson tells Philip Hoult
Planning: Cases involving concealment – where are we now?
of nplaw reports on a recent planning inspector's decision that may have clarified some of the key issues in cases of deliberate concealment
Procurement: Collaborative procurement
With the increased focus on joint procurement, Katie Bray
looks at some of the key issues public sector bodies need to bear in mind.
Procurement: Trading up
explores how local authorities considering trading can get started on the right track and stay there, and reports on a new pilot scheme from Local Partnerships.
Property: Setting up local authority property companies
looks at the opportunities and challenges presented by local authority property companies.
Snap judgement: Do you expect to be employed within an ABS in five years' time?
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