Council told to pay £90,000 after boy nearly drowns during swimming lesson – Local Government Lawyer

Posted November 23rd, 2016 in costs, fines, health & safety, local government, news by tracey

‘A local authority in Wales has been ordered to pay more than £90,000 in fines and damages after a four-year-old boy nearly drowned during a swimming lesson.’

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Local Government Lawyer, 22nd November 2016

Source: www.localgovernmentlawyer.co.uk

Mother’s £270 fly-tipping fine for putting rubbish out on wrong day outside neighbours’ homes – Daily Telegraph

Posted November 23rd, 2016 in fines, local government, news, waste by tracey

‘A woman who left her household rubbish on the opposite side of the road in an attempt to avoid waiting two weeks for it to be collected has been hit with a £270 fine for fly-tipping.’

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Daily Telegraph, 22nd November 2016

Source: www.telegraph.co.uk

Council fined £250k after workers suffered following vibration exposure – Local Government Lawyer

Posted November 22nd, 2016 in costs, fines, health & safety, local government, news, personal injuries by sally

‘A district council has been fined £250,000 after a number of its workers were found to be suffering from ill-health relating to vibration exposure.’

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Local Government Lawyer, 21st November 2016

Source: www.localgovernmentlawyer.co.uk

Legal Aid Agency rapped over approach to damages payable to ward of court – Local Government Lawyer

Posted November 17th, 2016 in costs, damages, legal aid, local government, news, wardship, young persons by sally

‘A High Court judge has severely criticised the Legal Aid Agency (LAA)’s actions in a case concerning a ward of court to whom a local authority had agreed to pay damages for the unauthorised release of information.’

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Local Government Lawyer, 17th November 2016

Source: www.localgovernmentlawyer.co.uk

Judge rejects £1m+ misfeasance in public office claim as statute-barred – Local Government Lawyer

Posted November 17th, 2016 in limitations, local government, misfeasance in public office, news, noise by sally

‘Tunbridge Wells Borough Council has defeated a claim for misfeasance in public office brought in the High Court by the owners of a local joinery business.’

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Local Government Lawyer, 17th November 2016

Source: www.localgovernmentlawyer.co.uk

Local government and land disposals – Law Society’s Gazette

Posted November 17th, 2016 in local government, news, sale of land by sally

‘The Jackson Five once informed us that love was as ‘easy as 123’, but are local authority land disposals so straightforward? The basic idea seems simple enough. Local authority land holdings should not be sold at an undervalue without ministerial consent.’

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Law Society’s Gazette, 14th November 2016

Source: www.lawgazette.co.uk

Tribunal rejects FOI request over code of conduct complaints process – Local Government Lawyer

‘It is important that a council’s code of conduct complaints process remains confidential, the First-tier Tribunal has said in rejecting an appeal over the refusal of a freedom of information request.’

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Local Government Lawyer, 16th November 2016

Source: www.localgovernmentlawyer.co.uk

High Court rules on s.117 after-care services and personal injury damages – Local Government Lawyer

Posted November 16th, 2016 in damages, local government, news, personal injuries, social services by sally

‘It is not open to a council to refuse to make provision for a person otherwise entitled to after-care services under s.117 of the Mental Health Act 1983 on the basis that the claimant is in receipt of damages for personal injury including for the cost of such care, a High Court judge has ruled.’

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Local Government Lawyer, 14th November 2016

Source: www.localgovernmentlawyer.co.uk

High Court rules second homes ban in St Ives will remain – BBC News

Posted November 11th, 2016 in housing, local government, news, planning, referendums by tracey

‘The High Court has ruled a Cornish seaside town will keep its ban on new-build second homes.’

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BBC News, 10th November 2016

Source: www.bbc.co.uk

Cardiff v Lee: Permission needed to enforce a suspended possession order – Hardwicke Chambers

‘Last week, the Court of Appeal handed down judgment in the case of Cardiff County Council v Lee (Flowers) [2016] EWCA Civ 1034, confirming that all landlords, whether social or private, are required to seek the permission of the County Court under CPR r83.2 in order to obtain a warrant of possession for breach of a suspended possession order.’

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Hardwicke Chambers, 26th November 2016

Source: www.hardwicke.co.uk

Developers fail in judicial review challenge over permission for recycling facility – Local Government Lawyer

Posted November 10th, 2016 in construction industry, costs, local government, news, planning, waste by sally

‘Two developers have lost their attempt to judicially review Hertfordshire County Council’s grant of planning permission for a recycling site.’

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Local Government Lawyer, 10th November 2016

Source: www.localgovernmentlawyer.co.uk

Warning of potential rise in legal actions as adult care funding gap bites – Local Government Lawyer

Posted November 9th, 2016 in care homes, disabled persons, elderly, local government, news, social services by sally

‘The number of cases in relation to adult care could rise with local authorities struggling to cope with a funding gap, it has been claimed.’

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Local Government Lawyer, 8th November 2016

Source: www.localgovernmentlawyer.co.uk

Public right of way did not detract from use of land as village green, High Court rules – OUT-LAW.com

Posted November 8th, 2016 in commons, land registration, local government, news, planning, rights of way by sally

‘The High Court has upheld the registration of Humpty Hill in Oxfordshire as a town or village green (TVG), despite arguments that most of the walking that took place on the land was because it was a public right of way.’

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OUT-LAW.com, 7th November 2016

Source: www.out-law.com

New facts, ex-marriages and homeless applications – Nearly Legal

Posted November 8th, 2016 in divorce, homelessness, local government, news by sally

‘This was judicial review of Hillingdon’s refusal to accept a homeless application from Ms A.’

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Nearly Legal, 7th November 2016

Source: www.nearlylegal.co.uk

Councils risk ‘legal action over care cuts’ – BBC News

Posted November 8th, 2016 in care homes, disabled persons, elderly, local government, news, social services by sally

‘Council cuts to care in England are so severe there is a real risk families may take legal action, experts say.’

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BBC News, 8th November 2016

Source: www.bbc.co.uk

Council right to seek injunction against vegetable processing plant: judge – Local Government Lawyer

Posted November 8th, 2016 in costs, injunctions, local government, news, nuisance, pollution by sally

‘It was reasonable for a council to apply for an interim injunction against a company over allegations of a bad odour from its vegetable processing plant, a High Court judge has ruled.’

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Local Government Lawyer, 3rd November 2016

Source: www.localgovernmentlawyer.co.uk

Second (non-) succession – Nearly Legal

Posted November 7th, 2016 in housing, landlord & tenant, local government, news, succession by sally

‘In Holley v Hillingdon LBC [2016] EWCA Civ 1052, Mr Holley was seeking to challenge the council’s decision to evict him and his brother from a three bedroom property that could sleep up to six persons, in which Mr Holley had lived for 32 years of his life and where he was suffering from a range of mental health problems, including anxiety, panic attacks and depression following his grandmother’s death in 2009. There had already been a statutory succession to Mr Holley’s grandfather, so Mr Holley was, “in the rather antiquated private law jargon”, a trespasser. The judge made a possession order on the basis that there were no seriously arguable defences under Articles 8 and 14.’

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Nearly Legal, 1st November 2016

Source: www.nearlylegal.co.uk

Council defeats High Court challenge to registration of 14 acres as village green – Local Government Lawyer

Posted November 1st, 2016 in commons, land registration, local government, news by sally

‘A county council has successfully defended in the High Court its decision to register 14 acres as a town and village green (TVG).’

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Local Government Lawyer, 31st October 2016

Source: www.localgovernmentlawyer.co.uk

Special Educational Needs: Guidance given on approach where parents cannot agree on choice of school in SEN statement – Education Blog

Posted October 31st, 2016 in children, divorce, local government, news, special educational needs, Wales by sally

‘In SG v Denbighshire County Council and B (SEN) (Special Educational Needs: Special Educational Provision – naming school) [2016] UKUT 460 (AAC), the Upper Tribunal gave guidance on the approach to be taken where parents cannot agree on the choice of school to be named in Part 4 of a statement of special educational needs (“the Statement”).’

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Education Blog, 31st October 2016

Source: www.education11kbw.com

Homeless Reduction Bill – part 2 – Nearly Legal

Posted October 27th, 2016 in bills, homelessness, housing, local government, news, Wales by sally

‘After my rantette about clause 1 of the Homeless Reduction Bill as published for second reading, it is time to turn to the substance of the Bill in terms of new duties and so on. And, some drafting issues aside, these are broadly positive.’

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Nearly Legal, 26th October 2016

Source: www.nearlylegal.co.uk