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NEWS HEADLINES

ProjectsLGA 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


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New articles on Local Government Lawyer

NoonThe 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."


New courses on Local Government Law TV

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

Name Price (ex-VAT)   Description
Human Rights Roundup for Local Authorities £25.00 This course identifies, with reference to leading case law, key developments in human rights law in the last 12 months including decisions on data retention by local authorities, religious discrimination at work and detention under the MHA 1983.
Alternatives to Litigation for Public Law Disputes £25.00 This course considers alternative dispute resolution in two contexts: via the statutory route, such as complaints procedures and complaints to the Ombudsman and, secondly, by the use of processes such as mediation and arbitration.


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


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 report.

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
Olwen Dutton 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 reports.

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 case.

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
Tim Briton, 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
Nicholas Dobson 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 reports.

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?
Justin Mendelle examines the benefits of a mid-term contract review of outsourcing and PPP service contracts.

Projects: Corporate governance and local authority investment vehicles
Edward Craft 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
Christopher Cant 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.
 

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

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Services Directory
 
1KBW
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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.
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Edulaw Chambers
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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.
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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
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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
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
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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