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.’

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Daily Telegraph, 15th May 2017

Source: www.telegraph.co.uk

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’

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Arden Chambers, 20th April 2017

Source: www.ardenchambers.com

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.’

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Arden Chambers, 10th May 2017

Source: www.ardenchambers.com

‘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.’

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Local Government Lawyer, 12th May 2017

Source: www.localgovernmentlawyer.co.uk

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.’

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Nearly Legal, 14th May 2017

Source: www.nearlylegal.co.uk

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.’

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Local Government Lawyer, 12th May 2017

Source: www.localgovernmentlawyer.co.uk

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).’

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Local Government Lawyer, 10th May 2017

Source: www.localgovernmentlawyer.co.uk

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.’

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OUT-LAW.com, 11th May 2017

Source: www.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.’

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UK Human Rights Blog, 10th May 2017

Source: www.ukhumanrightsblog.com

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.’

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Local Government Lawyer, 9th May 2017

Source: www.localgovernmentlawyer.co.uk

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).’

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Law Society’s Gazette, 11th May 2017

Source: www.lawgazette.co.uk

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.’

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Zenith PI, 9th May 2017

Source: www.zenithpi.wordpress.com

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.’

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Legal Futures, 8th May 2017

Source: www.legalfutures.co.uk

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.’

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Local Government Lawyer, 3rd May 2017

Source: www.localgovernmentlawyer.co.uk

Judge quashes grant of planning permission for residential gypsy site – Local Government Lawyer

Posted May 2nd, 2017 in local government, news, planning, travellers, tribunals, Wales by sally

‘A Deputy High Court judge has quashed a Welsh council’s grant of temporary planning permission for the use of land as a residential gypsy site.’

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Local Government Lawyer, 2nd May 2017

Source: www.localgovernmentlawyer.co.uk

Munby lambasts council over “profoundly concerning” adoption case – Local Government Lawyer

Posted April 28th, 2017 in adoption, judges, local government, news by tracey

‘The president of the Family Division, Sir James Munby, has made scathing criticisms of Brighton & Hove City Council’s conduct in a complex adoption case.’

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Local Government Lawyer, 27th April 2017

Source: www.localgovernmentlawyer.co.uk

Councils ‘illegally moving dead bodies to cover up grave blunders’ – Daily Telegraph

Posted April 28th, 2017 in burials and cremation, ecclesiastical law, local government, news by tracey

‘Bodies are being illegally shifted by councils to cover up burial errors, a Church of England court has heard.
A judge criticised councils who secretly correct their mistakes by “sliding” bodies across in the ground without lifting them out.’

Full story

Daily Telegraph, 27th April 2017

Source: www.telegraph.co.uk

Council wins right to redact more info from variation agreement to waste contract – Local Government Lawyer

‘A county council has won an appeal to the First-Tier Tribunal over a decision by the Information Commissioner’s Office that it was not entitled to redact certain information in a variation agreement to a waste disposal contract.’

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Local Government Lawyer, 24th April 2017

Source: www.localgovernmentlawyer.co.uk

Fall in decisions for adoption orders halted but local variation remains: report – Local Government Lawyer

Posted April 25th, 2017 in adoption, guardianship, local government, news, placement orders, reports by sally

‘The fall in decisions for adoption and placement orders seems to have halted but this masks a high degree of variation in decision-making at a local and regional level, data collected by the Adoption Leadership Board has suggested.’

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Local Government Lawyer, 24th April 2017

Source: www.localgovernmentlawyer.co.uk

Northern Waters – Nearly Legal

Posted April 25th, 2017 in contracts, housing, local government, news, rent, service charges, water, water companies by sally

‘Rochdale BH is a social housing provider (of what was the council’s housing stock). The issue in this case – heard as a preliminary issue – was whether Rochdale BH was a water reseller under the terms of The Water Resale Order 2006 in that charges for water it made as a part of the rent.’

Full story

Nearly Legal, 23rd April 2017

Source: www.nearlylegal.co.uk