JOBS OF THE WEEK: The Treasury Solicitor's Department is looking for Commercial Lawyers for roles in London, Leeds and Warrington. The posts are for Senior Lawyers (Grade 6) and Lawyers (Grade 7; three years' PQE+ required). Salaries range from £46,131 to £71,666.
LGA peer review calls on council to address 'toxic' behaviour of members
Report praises much of authority's work, including committed workforce, but says repairing damage to reputation is key challenge it faces
Blogger fails in appeal over libel counterclaim brought by chief executive
Court of Appeal rejects submissions on meaning of her posts or that Jeynes principles in relation to defamation proceedings should be amplified for local or central government officers
Councillor faces sanction after publishing legally privileged information
UKIP councillor insisted he was acting in local residents' interests when publishing advice from planning lawyer
Council defeats developers in High Court skirmish over neighbourhood plan
National housebuilders challenged council’s decision to agree to put a draft neighbourhood plan to a referendum
Top judge warns of "immense burden" on councils following deprivation of liberty ruling
President of Court of Protection says number of DoL cases vastly greater than previously assumed
Judges dismiss petitions challenging county council elections in Cumbria
Petitioners failed to comply with relevant legal requirements
Tribunal tells council to disclose information on major regeneration scheme
But developer of Elephant & Castle need not disclose a financial model that it uses to assess the viability of projects
National Procurement Service plans "All-Wales" panels of lawyers
Recently-created service to set up legal services framework agreement covering solicitors and barristers. Panels to be made available to councils, NHS boards and other bodies
DON'T DELAY, APPLY TODAY: Deadlines are fast approaching:
LOCUM ROLES: There are some fantastic posts available including: Legal Services Manager (£350-450/day), Adults Lawyer, Property Locum, Housing Lawyer, Employment Locum, Commercial Property Lawyer and Litigation Lawyer PQE3. To see all roles on LGL, click here.
MORE NEWS STORIES....
Court of Appeal finds for developer in planning enforcement case
Inspector erred in law by requiring full demolition
Council was correct to list bowls club site as asset of community value: FTT
Tribunal rejects club's argument that authority was wrong to list as 37% of land had no current or recent use
London borough wins battle over planning permission for QPR training academy
Campaigners had also challenged grant of 200-year lease to football club, but judge says authority acted lawfully
Number of care applications made by councils fell in 2013/14: Cafcass
Total of 9.2 care applications per 10,000 child population, down from 9.7 for 2012/13
High Court judge refuses permission for challenge to library closure
Summary grounds of resistance gave "convincing refutation"
Scottish law firm launches data protection defence team
Councils net new powers as changes to dangerous dogs laws take effect
Council employee jailed after committing fraud on highways department
LGO and CQC agree new process to facilitate complaints about adult care
See all of our most recent news stories
KEY EVENTS AND COURSES:
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New articles on Local Government Lawyer
The winning shot?
A district council has successfully appealed a High Court ruling that quashed the grant of planning permission for a controversial golf course and hotel development. James Findlay QC explains the important points of principle arising out of the Court of Appeal's ruling.
Hazards of running elections
In the run up to European and local elections next week, Sappho Dias and Lee Parkhill consider some of the problem areas arising for local authority solicitors and returning officers.
What’s the use?
Peter Barlow reviews a significant recent case on the application of competition law to shop leases granted by a local authority.
Primary gambling activity: the FTT view
In an important decision that will impact on all betting premises licence applications the First-Tier Tribunal has given a long-awaited ruling on the meaning of 'primary gambling activity'. Gerald Gouriet QC and George Mackenzie analyse the judgment.
Three key issues pre-procurement
Emily Heard and Susie Smith examine various important issues that contracting authorities should consider in advance of the formal procurement process commencing, including preliminary market consultations.
Transparency in outsourced contracts
Does the outsourcing of public functions mean they are less transparent? Anna Sweeney summarises the latest developments in the recent controversy.
Welfare proceedings and the press
The President of the Court of Protection, Sir James Munby has ruled that the press has no direct role in welfare proceedings. Rosalind English reports.
Innovation in delivering adult social care services
Andrew Pettinger looks at the potential for innovative ways of delivering adult social care services including via Public/Private collaborations.
The escalation of whistleblowing into campaigns
Alastair Currie reports on a decision which provides some welcome clarity on dealing with employees whose (potentially valid) whistleblowing concern escalates into a 'campaign' which would be (as the employment tribunal put it) "sufficient to try and to exhaust the patience of any organisation."
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The latest blogs...
First business or commercial project to use Planning Act regime by Angus Walker
This entry reports on the issuing of the first direction that a non-infrastructure project can use the Planning Act 2008 regime.
Commons and Lords opine on National Policy Statement
Snap judgement: Is the role of monitoring officer worth the risk?
...Yes, it's a key role that is valued by my authority
,,,It's an occupational hazard of the head of legal role
...No, the risks outweigh the rewards and status
Click here to vote now
Been away? Features on Local Government Lawyer recently include:
Adult Social Services: Using, weighing and drinking: The Court of Appeal on capacity
In an appeal concerning whether an alcoholic with frontal lobe damage had capacity to decide where to live or what care he should receive, the Court of Appeal has provided important general guidance on the assessment of capacity in the Court of Protection. Bryan McGuire QC
and Sian Davies
Children: Analysing the impact of Re B-S Tehniat Lindsay
looks at the implications of Re B-S
, the Court of Appeal's landmark ruling on adoption.
Children: Delegation of children's social care functions
and Clare Taylor
consider the Government's proposals to increase the ability of local authorities to delegate children's social care functions.
Employment: Wishing, hoping and TUPEing
This month the Employment Appeal Tribunal has considered what is meant by an 'intention' that a contract will be short term and, therefore, exempt from TUPE – can it be a 'hope' or a 'wish' that the contract will be short term, or does it need to be more concrete? Sarah Lamont
Governance: Whose decision is it anyway?
A decision to refuse to renew a sexual entertainment venue licence was recently scuppered by a constitutional issue. Nicholas Dobson
examines the Bridgerow
Housing: Homelessness, affordability and reasons
Morayo Fagborun Bennett
and Andy Lane
highlight the key lessons to be learned from a Court of Appeal homelessness case.
Licensing: Keep it simple! The court's message to licensing authorities
, LLG's Deputy Lead Officer for Litigation and Licensing, sets out the key lessons from the Bridgerow
ruling for local government lawyers specialising in licensing.
Litigation: Calling their bluff?
A London borough recently secured the first prosecution for money laundering in relation to a gambling den. Dominic Lewis
explains what the case involved.
Management: Death by spreadsheet - Local government brain drain
examines the risks to local authorities pursuing costs savings by dispensing with senior legal talent.
Planning: Plan-making and assessment of housing need
A “radical” National Planning Policy Framework change rendered a local authority's housing figures unsound, a High Court judge has ruled. Zack Simons
Planning: Why are local plans failing? Antonia Murillo
analyses the duty to cooperate test and explains why some Local Plans have failed.
Procurement: Mid-term contract reviews – what can they achieve?
examines the benefits of a mid-term contract review of outsourcing and PPP service contracts.
Projects: Corporate governance and local authority investment vehicles
examines how corporate governance disciplines essential in the private sector need to be factored into the governance of local authority companies and other partnerships.
Property: The cost of nature – the burden on local authorities
looks at the issues raised for local authorities by events such as flooding, rock falls and land slips, and sets out what steps they should consider taking.
Regulatory: Transactional decisions - a European perspective
In a significant ruling for trading standards law and practice, the Court of Justice of the European Union has clarified the meaning of a 'transactional decision' by a consumer. Jonathan Spicer
examines the judgment.
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