Regina (Littlejohns and another) v Devon County Council – WLR Daily

Regina (Littlejohns and another) v Devon County Council [2015] EWHC 730 (Admin); [2015] WLR (D) 136

‘The transitional provisions in Schedule 3 to the Commons Act 2006 provided a brief window within which the commons register could be updated and corrected by incorporating any registrations which could have been, but were not, made under the Commons Registration Act 1965. Thereafter, any unregistered rights would be extinguished under paragraph 3 to the Schedule, repeating the legislative approach adopted in section 1(2)(b) of the 1965 Act.’

WLR Daily, 24th March 2015

Source: www.iclr.co.uk

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Grooming bans could stop child sex abuse say councils – BBC News

Posted March 26th, 2015 in local government, news, sexual grooming, social services by sally

‘Councils in England and Wales want new powers to combat predatory men suspected of grooming children for sex.’

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BBC News, 26th March 2015

Source: www.bbc.co.uk

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R (on the application of Trail Riders Fellowship and another (Respondents) v Dorset County Council (Appellant) – Supreme Court

R (on the application of Trail Riders Fellowship and another (Respondents) v Dorset County Council (Appellant) [2015] UKSC 18 (YouTube)

Supreme Court, 18th March 2015

Source: www.youtube.com/user/UKSupremeCourt

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Council to bring judicial review action over DCLG direction on newspaper frequency – Local Government Lawyer

Posted March 25th, 2015 in advertising, budgets, employment, housing, judicial review, local government, media, news by sally

‘The Royal Borough of Greenwich is to bring judicial review proceedings after the Communities Secretary earlier this month served the authority with a direction requiring it to cut publication of its weekly newspaper.’

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Local Government Lawyer, 24th March 2015

Source: www.localgovernment.co.uk

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Not So Alarming – Nearly Legal

‘There are new provisions requiring smoke and carbon monoxide detectors in residential properties.’

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Nearly Legal, 24th March 2015

Source: www.nearlylegal.co.uk

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Barco De Vapor BV and others v Thanet District Council – WLR Daily

Barco De Vapor BV and others v Thanet District Council [2014] EWHC 490 (Ch); [2015] WLR (D) 127

‘Council Regulation (EC) No 1/2005 harmonised the law on the protection, welfare and health of animals during transport. Accordingly, the imposition of an animal welfare measure not in accordance with the Regulation which had the effect of restricting the free movement of goods was an unjustified breach of article 35FEU of the FEU Treaty.’

WLR Daily, 27th February 2015

Source: www.iclr.co.uk

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Supreme Court quashes council decision over offer of housing 50 miles away – Local government Lawyer

Posted March 20th, 2015 in appeals, benefits, homelessness, housing, local government, news, Supreme Court by tracey

‘The Supreme Court has unanimously upheld an appeal by a homeless mother of five over a London borough’s offer of accommodation 50 miles away near Milton Keynes.
The Court heard oral submissions in Nzolameso v City of Westminster earlier this month (17 March). It has now quashed Westminster City Council’s decision that it had properly discharged its duty to secure accommodation available for occupation by the appellant.’

Full story

Local Government Lawyer, 19th March 2015

Source: www.localgovernmentlawyer.co.uk

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The Care Act 2014: Overview – Thirty Nine Essex Street

Posted March 20th, 2015 in carers, community care, health, local government, news, social services by sally

‘The Care Act adopts and implements many of the recommendations of the Law Commission on Adult Social Care (published 11 May 2011). It is the largest single piece of community care legislation since the great Beveridge reforms of 1948, sweeping away and re-codifying more than 50 years worth of law and policy.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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Local Authority Governance, Current Issues – Thirty Nine Essex Street

Posted March 19th, 2015 in local government, news, standards by sally

‘“Governance” in local authority terms means different things to different people. We have chosen three issues within this broad field which appear to us to have caused significant recent controversy, and which are likely to continue to cause problems in the future. These are –

a. Local government standards and predetermination particularly examining the regime under the Localism Act 2011 and asking, two years on from its implementation, what has been the impact of the new regime?
b. A look at some recent case-law concerning the conduct of local authority meetings, the provision of information at and prior to meetings, and the effect of breaches of such requirements on the legality of decisions.
c. Finally, some brief notes on the 2014 DCLG Transparency Code and the Local Audit and Accountability Act 2014.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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Council loses Supreme Court appeal in rights of way battle with trail riders – Local Government Lawyer

Posted March 19th, 2015 in appeals, local government, motorcycles, news, rights of way, Supreme Court by sally

‘The Supreme Court has rejected – by a 3-2 majority – a county council’s appeal over whether an application by motorcyclists to upgrade rights of way complied with relevant statutory requirements.’

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Local Government Lawyer, 18th March 2015

Source: www.localgovernmentlawyer.co.uk

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State Aid Issues for Local Authorities – Thirty Nine Essex Street

Posted March 19th, 2015 in EC law, local government, news, state aids by sally

‘The Treaty on the Functioning of the European Union provides that certain government activities may be prohibited because they give an advantage in a selective way to certain entities, which might affect competition within the internal market. Those advantages may amount to prohibited state aid, or may be state aid which is either expressly allowed by the Treaty, or which may be allowed, dependent on the circumstances.’

Full story (PDF)

Thirty Nine Essex Street, January 2015

Source: www.39essex.com

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What’s Coming Next for Local Government – Thirty Nine Essex Street

Posted March 19th, 2015 in bills, local government, news, taxation by sally

‘2015 promises to be an interesting year for local government, albeit against a backdrop of continued cuts, with localism, devolution and reform of local government finance all politically prominent issues, although it is too soon to predict what form they will take. After considering the general context, this paper addresses recent case law that is relevant to local government finance and in particular the caution that must be exercised against the unlawful use of charging to generate revenue. We then outline some of the main features of the Government’s Deregulation Bill, which is currently at the report stage in the House of Lords, and conclude with a reminder of the potential pit-falls of promises in an election year.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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Judge hits out at Court of Appeal over consent order in deprivation of liberty case – Local Government Lawyer

‘A High Court judge has accused the Court of Appeal of apparently taking a “procedurally impermissible route” and making a consent order that was ultra vires, in legal proceedings over whether a woman looked after at home had been deprived of her liberty.’

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Local Government Lawyer, 18th March 2015

Source: www.localgovernmentlawyer.co.uk

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Specialist Family Drug and Alcohol Court is going nationwide – Halsbury’s Law Exchange

‘The Family Drug and Alcohol Court (FDAC), introduced by District Judge Crichton in 2007, has been piloted in London and successfully rolled out to Milton Keynes and Gloucestershire. The court aims to help parents struggling with alcohol or drug abuse where this features as a key element in a local authority’s decision to bring care proceedings.’

Full story

Halsbury’s Law Exchange, 17th March 2015

Source: www.halsburyslawexchange.co.uk

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Drink-drive course leader convicted of driving while drunk – BBC News

‘A woman who led drinking and driving awareness courses for more than 20 years has been sentenced for committing the offence herself.’

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BBC News, 17th March 2015

Source: www.bbc.co.uk

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The continuing problem of recovering the cost of improvements from leaseholders – Hardwicke Chambers

Posted March 17th, 2015 in costs, landlord & tenant, leases, local government, news, repairs by sally

‘The distinction between a repair and an improvement when a landlord carries out works to a property is often problematic. The volume and age of reported cases on this point shows this is not a recent problem.’

Full story

Hardwicke Chambers, 9th March 2015

Source: www.hardwicke.co.uk

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Regina (Newhaven Port & Properties Ltd) v East Sussex County Council – WLR Daily

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council [2015] UKSC 7; [2015] WLR (D) 109

‘An area of foreshore which lay within the operational land of a harbour was not registrable as a town or village green pursuant to section 15 of the Commons Act 2006 because the byelaws applicable to the harbour had impliedly authorised it use for bathing and associated recreational activities, and so such use had not been “as of right”, and in any event section 15 did not apply where the statutory purposes for which such land was held were incompatible with such registration.’

WLR Daily, 25th February 2015

Source: www.iclr.co.uk

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Rotherham abuse: Ofsted ‘failed to detect abuse’ – BBC News

‘Government inspectors failed to detect child sexual exploitation in Rotherham because they trusted council staff, a report by MPs has said.’

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BBC News, 17th March 2015

Source: www.bbc.co.uk

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Court of Appeal gives local authority Aarhus costs protection over HS2 challenge – Local Government Lawyer

‘A local authority is entitled to the costs protection conferred on claimants in Aarhus Convention claims, the Court of Appeal has ruled.’

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Local Government Lawyer, 13th March 2015

Source: www.localgovernmentlawyer.co.uk

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Richard Clayton QC: Fairness, Consultation, and the Supreme Court: There Is (Sometimes) an Alternative – UK Constitutional Law Association

‘In the last few years Austerity Britain has generated a large number of judicial review challenges to public spending cuts, particularly against local authorities. Many cases allege that the public body has consulted unlawfully. The legal principles involved have been firmly established. However, in October 2014 the Supreme Court in R (Moseley) v Haringey LBC [2014] 1 WLR 394 added a new ingredient to the mix, and the courts are still in the process of working out the implications of that decision.’

Full story

UK Constitutional Law Association, 16th March 2015

Source: www.ukconstitutionallaw.org

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