Regrette rien – Nearly Legal

Posted May 22nd, 2017 in homelessness, housing, judicial review, local government, London, news by tracey

‘R (oao Sambotin) v London Borough of Brent (2017) EWHC 1190 (Admin). Once a local authority has made a homeless decision under section 184 Housing Act 1996, can it change its mind? That was the issue in this judicial review.’

Full story

Nearly Legal, 21st May 2017

Source: www.nearlylegal.co.uk

Comments Off on Regrette rien – Nearly Legal

Confiscation proceedings halted over “fatal error” in indication of guilty pleas – Local Government Lawyer

‘A council’s bid to obtain a confiscation order over planning enforcement breaches has been halted after a ruling that the indication of pleas of guilty on the two defendants’ behalf and in their presence by counsel appearing for them in the magistrates’ court was an incurable error.’

Full story

Local Government Lawyer, 19th May 2017

Source: www.localgovernmentlawyer.co.uk

Comments Off on Confiscation proceedings halted over “fatal error” in indication of guilty pleas – Local Government Lawyer

Ex-mayor of Tower Hamlets challenges election court ruling – The Guardian

Posted May 18th, 2017 in corruption, disqualification, elections, local government, London, news by tracey

‘The former mayor of Tower Hamlets Lutfur Rahman has launched a legal challenge to a court ruling that bans him from standing for election.’

Full story

The Guardian, 17th May 2017

Source: www.guardian.co.uk

Comments Off on Ex-mayor of Tower Hamlets challenges election court ruling – The Guardian

Opposition group crowd funds judicial review of sale of farms by council – Local Government Lawyer

Posted May 17th, 2017 in judicial review, local government, news, sale of land by sally

‘An opposition group on Herefordshire Council is seeking to crowd fund a judicial review challenge over the local authority’s decision to sell off its farm estate.’

Full story

Local Government Lawyer, 16th May 2017

Source: www.localgovernmentlawyer.co.uk

Comments Off on Opposition group crowd funds judicial review of sale of farms by council – Local Government Lawyer

Tribunal refuses call to order disclosure of counsel’s opinion obtained by county – Local Government Lawyer

Posted May 16th, 2017 in disclosure, local government, news, solicitors, tribunals by sally

‘A First-Tier Tribunal has refused a call from a retired solicitor to order a county council to disclose counsel’s opinion.’

Full story

Local Government Lawyer, 15th May 2017

Source: www.localgovernmentlawyer.co.uk

Comments Off on Tribunal refuses call to order disclosure of counsel’s opinion obtained by county – Local Government Lawyer

The Role in of Section.10a (s.10a)in Confiscation Order Enforcements – A Useful Tool for Local Authorities to get it Right First Time – Drystone Chambers

Posted May 16th, 2017 in confiscation, enforcement, local government, news, third parties by sally

‘On the 1st June 2015, the Serous Crime Act 2015 enacted section 10a of POCA 2002. The section is designed to allow Crown Courts to make a determination on third party rights at the confiscation hearing rather than leaving the decision to the enforcement hearing in the Magistrates Court or in another forum such as in the family courts.’

Full story (PDF)

Drystone Chambers, 15th May 2017

Source: www.drystone.com

Comments Off on The Role in of Section.10a (s.10a)in Confiscation Order Enforcements – A Useful Tool for Local Authorities to get it Right First Time – Drystone Chambers

Litter ‘police’ paid bonuses to hand out fines to public, investigation finds – Daily Telegraph

‘Litter “police” are being paid bonuses of up to £1,000 a month for handing out fines to members of the public, an investigation has found.’

Full story

Daily Telegraph, 15th May 2017

Source: www.telegraph.co.uk

Comments Off on Litter ‘police’ paid bonuses to hand out fines to public, investigation finds – Daily Telegraph

Southwark LBC v Akhtar and Stel LLC – Arden Chambers

‘The Upper Tribunal has held that an estimated service charge that had not been demanded in accordance with a lease would not have been payable but for the lessee taking out a loan from the lessor to pay it and thereby waiving strict compliance with the terms of the lease; s.7, Interpretation Act 1978 does not apply to notices served under the Landlord and Tenant Act 1985 unless a lease provides that s.196 Law of Property Act 1925 is to apply to the service of notices’

Full story

Arden Chambers, 20th April 2017

Source: www.ardenchambers.com

Comments Off on Southwark LBC v Akhtar and Stel LLC – Arden Chambers

Poshteh v Royal Borough of Kensington and Chelsea – Arden Chambers

‘The Supreme Court has declined to depart from its previous judgment in Ali v Birmingham CC that the right to homelessness accommodation under s193 Housing Act 1996 was not a civil right under art 6, despite a decision of the ECtHR to the contrary in Ali v UK; it has affirmed the dicta of Lord Neuberger in Holmes-Moorhouse v Richmond upon Thames LBC that a “benevolent approach” is to be taken to homelessness review decisions under s202; and said (obiter) that the principles governing the right of appeal to the county court under s204 had been authoritatively established by the House of Lords in Runa Begum v Tower Hamlets LBC and other cases including Holmes-Moorhouse, and should be taken as settled.’

Full story

Arden Chambers, 10th May 2017

Source: www.ardenchambers.com

Comments Off on Poshteh v Royal Borough of Kensington and Chelsea – Arden Chambers

‘Freeman on the Land’ jailed for failure to pay council tax – Local Government Lawyer

Posted May 15th, 2017 in council tax, local government, news, sentencing by sally

‘A self-proclaimed ‘Freeman-on-the-Land’ who refused to pay council tax citing ancient laws has been sentenced to 40 days in prison and ordered to repay his debt.’

Full story

Local Government Lawyer, 12th May 2017

Source: www.localgovernmentlawyer.co.uk

Comments Off on ‘Freeman on the Land’ jailed for failure to pay council tax – Local Government Lawyer

A bluffers guide to the Homeless Reduction Act 2017 – Nearly Legal

‘The Homelessness Reduction Act has now received royal assent. The Act itself is here. There is no date yet for it to come into force – there will need to be statutory guidance produced first – and the current guess is that it is likely to be in 2018. Of course, what the Act mostly does is amend Housing Act 1996 Part VII.’

Full story

Nearly Legal, 14th May 2017

Source: www.nearlylegal.co.uk

Comments Off on A bluffers guide to the Homeless Reduction Act 2017 – Nearly Legal

Planning decision of Communities Secretary quashed over “complete volte face” – Local Government Lawyer

Posted May 15th, 2017 in horse racing, housing, local government, news, planning by sally

‘The Communities Secretary performed “a complete and unexplained volte face” in his assessment of the highways impacts of two proposals for development on the same site in Newmarket, a Planning Court judge has ruled.’

Full story

Local Government Lawyer, 12th May 2017

Source: www.localgovernmentlawyer.co.uk

Comments Off on Planning decision of Communities Secretary quashed over “complete volte face” – Local Government Lawyer

Supreme Court hands down key ruling over meaning of planning framework – Local Government Lawyer

Posted May 12th, 2017 in housing, local government, news, planning, Supreme Court by sally

‘Two local authorities have lost appeals today to the Supreme Court, although judges did back the councils’ interpretation of a key part of the National Planning Policy Framework (NPPF).’

Full story

Local Government Lawyer, 10th May 2017

Source: www.localgovernmentlawyer.co.uk

Comments Off on Supreme Court hands down key ruling over meaning of planning framework – Local Government Lawyer

Supreme Court favours narrow interpretation of ‘relevant policies for supply of housing’ – OUT-LAW.com

Posted May 12th, 2017 in housing, local government, news, planning, Supreme Court by sally

‘Only those local planning policies dealing with housing-specific questions, such as numbers and distribution of housing, will be deemed out of date in the absence of a five year supply of deliverable sites for housing in a particular area, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 11th May 2017

Source: www.out-law.com

Comments Off on Supreme Court favours narrow interpretation of ‘relevant policies for supply of housing’ – OUT-LAW.com

Supreme and Strasbourg Courts square off on Art. 6 and housing – UK Human Rights Blog

Posted May 11th, 2017 in homelessness, housing, human rights, local government, mental health, news by tracey

‘Poshteh v Royal Borough of Kensington & Chelsea S [2017] UKSC 36, 10 May 2017. For the last 15 years, whether the right of the homeless to suitable council accommodation is an Art.6(1) ECHR civil right has been argued over in the courts. And the question arose again in today’s judgment of the Supreme Court.’

Full story

UK Human Rights Blog, 10th May 2017

Source: www.ukhumanrightsblog.com

Comments Off on Supreme and Strasbourg Courts square off on Art. 6 and housing – UK Human Rights Blog

Council “did not have power to prosecute alleged legal aid fraud”: Court of Appeal – Local Government Lawyer

‘Thurrock Council did not have power to bring prosecution proceedings on behalf of the Legal Aid Agency in relation to an alleged legal aid fraud, the Court of Appeal has ruled.’

Full story

Local Government Lawyer, 9th May 2017

Source: www.localgovernmentlawyer.co.uk

Comments Off on Council “did not have power to prosecute alleged legal aid fraud”: Court of Appeal – Local Government Lawyer

Supreme Court denies councils’ appeals in housing policy case – Law Society’s Gazette

Posted May 11th, 2017 in appeals, housing, local government, news, planning, Supreme Court by tracey

‘The Supreme Court has dismissed appeals by two local authorities in a case that centres on the wording of the government’s 2012 National Planning Policy Framework (NPPF).’

Full story

Law Society’s Gazette, 11th May 2017

Source: www.lawgazette.co.uk

Comments Off on Supreme Court denies councils’ appeals in housing policy case – Law Society’s Gazette

Duties of care owed by hospital receptionists: Darnley v Croydon Health Services NHS Trust [2017] EWCA Civ 151 – Zenith PI

Posted May 9th, 2017 in appeals, duty of care, hospitals, local government, news, personal injuries by tracey

‘Mr Darnley, the Claimant, was assaulted. He received a head injury. His friend drove him to a nearby A & E department. The hospital in question operated a commonly used system; a “civilian” (i.e., non-clinically qualified) receptionist would take the patient’s basic details. The patient would then be assessed within 30 minutes by a triage nurse, who would decide on the best course of action. Urgent cases would be prioritised.’

Full story

Zenith PI, 9th May 2017

Source: www.zenithpi.wordpress.com

Comments Off on Duties of care owed by hospital receptionists: Darnley v Croydon Health Services NHS Trust [2017] EWCA Civ 151 – Zenith PI

Legal Aid Agency criticised for trying to prosecute major law firm fraud through local authority rather than CPS – Legal Futures

Posted May 8th, 2017 in fraud, legal aid, local government, news, prosecutions by sally

‘The Crown Prosecution Service (CPS) has taken over prosecution of a major legal aid fraud by a law firm after the Court of Appeal criticised the Legal Aid Agency (LAA) for trying to run the case through the fraud department of a local authority instead.’

Full story

Legal Futures, 8th May 2017

Source: www.legalfutures.co.uk

Comments Off on Legal Aid Agency criticised for trying to prosecute major law firm fraud through local authority rather than CPS – Legal Futures

Government rules out appealing air quality plan ruling – Local Government Lawyer

‘The Government has confirmed that it will not appeal last week’s High Court judgment which ordered it to produce its air quality plans by 9 May, it has been reported.’

Full story

Local Government Lawyer, 3rd May 2017

Source: www.localgovernmentlawyer.co.uk

Comments Off on Government rules out appealing air quality plan ruling – Local Government Lawyer