Challenging CVAs as a creditor – Local Government Lawyer

‘Karen Morean and William O’Brien outline how creditor local authorities can challenge a company voluntary arrangement.’

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Local Government Lawyer, 30th June 2023

Source: www.localgovernmentlawyer.co.uk

Demised property, the Occupiers Liability Act 1957 and PI claims – Local Government Lawyer

‘North Lincolnshire Council recently successfully defended a personal injury claim brought by a claimant who slipped at a pay and display car park the local authority owned but had demised. Toby Coupe explains how.’

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Local Government Lawyer, 30th June 2023

Source: www.localgovernmentlawyer.co.uk

Cardiff: Hailey Park sewage pumping station legal bid starts – BBC News

Posted June 30th, 2023 in judicial review, local government, news, parks, planning, sewerage, Wales, waste, water by tracey

‘A judicial review of plans to build a sewage pumping station in a popular park has begun.’

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BBC News, 29th June 2023

Source: www.bbc.co.uk

Dispute escalation clauses: lessons from the Court of Appeal – Local Government Lawyer

‘Nick McQueen and Inam Hasan highlight important lessons to learn from a recent Court of Appeal case in the construction sector on the enforceability and effect of dispute escalation clauses.’

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Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

Supreme Court to hear appeal of ruling that council must pay Japanese knotweed damages – Local Government Lawyer

Posted June 26th, 2023 in appeals, damages, housing, local government, news, nuisance, Supreme Court by tracey

‘The Supreme Court has granted permission to appeal the decision in Davies v Bridgend County Borough Council [2023] EWCA Civ 80, which overturned lower court rulings that found diminution in value in Japanese knotweed cases was irrecoverable economic loss and ordered the council to pay damages to a property owner.’

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Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

Dispute escalation clauses: lessons from the Court of Appeal – Local Government Lawyer

‘Nick McQueen and Inam Hasan highlight important lessons to learn from a recent Court of Appeal case in the construction sector on the enforceability and effect of dispute escalation clauses.’

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Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

All Tomorrow’s (Section 106) Parties – Local Government Lawyer

Posted June 23rd, 2023 in local government, news, planning by tracey

‘Simon Ricketts examines who needs to be a party to a section 106 agreement in light of a recent High Court ruling.’

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Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

The timing of procurement challenges – Local Government Lawyer

‘Would-be challengers and defending contracting authorities need to be aware of a number of unique timing factors, and the notoriously short timeframes, for the initial stages of procurement challenges. The Altiatech judgment usefully examines some of the key risk areas, write Zachary Bourne, Lloyd Nail and Ian Tucker.’

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Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

“Premises” – what can and cannot be closed using a closure order – Local Government Lawyer

Posted June 23rd, 2023 in anti-social behaviour, interpretation, local government, news by tracey

‘Kuljit Bhogal KC analyses an important recent High Court ruling on closure orders.’

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Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

Claimant win High Court battle over social and life skills activities and disability related expenditure – Local Government Lawyer

Posted June 22nd, 2023 in autism, budgets, disabled persons, local government, news by tracey

‘The Royal Borough of Windsor & Maidenhead has lost a High Court case over whether a 25-year-old man with autism can count his social and life skills activities as disability related expenditure (DRE).’

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Local Government Lawyer, 22nd June 2023

Source: www.localgovernmentlawyer.co.uk

Getting it all wrong… LB Redbridge ‘dismal’ homelessness decisions – Nearly Legal

‘Ms UO and her 3 children, aged 11, 5 and 3, were homeless and had applied to LB Redbridge. The family had NASS accommodation in the Tottenham area since 2021, after NASS accommodation in Croydon and West Ham from 2019. Ms UO’s elder children were enrolled in school in Tottenham and the youngest in the nursery attached to the school. MS UO had connections in Redbridge herself. Following Ms UO’s grant of asylum in 2022, the NASS accommodation ceased. She applied to Redbridge. The application stressed how important the children’s school was to them. She then did not hear anything from Redbridge until the day before her eviction from the NASS accommodation.’

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Nearly Legal, 18th June 2023

Source: nearlylegal.co.uk

Planning enforcement and equalities duties – Local Government Lawyer

‘A recent High Court ruling shows that equalities duties must be treated differently, writes Roderick Morton.’

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Local Government Lawyer, 16th June 2023

Source: www.localgovernmentlawyer.co.uk

No such thing as a s114 notice – Local Government Lawyer

Posted June 16th, 2023 in budgets, local government, news, notification by tracey

‘Reports of “s144 notices” being issued at local authorities are becoming increasingly common. But what are they and what should the monitoring officer do if a s114 report is being made at their authority? Paul Turner explains.’

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Local Government Lawyer, 16th June 2023

Source: www.localgovernmentlawyer.co.uk

Homeless single mother wins High Court battle against London borough – Local Government Lawyer

‘A High Court judge has allowed a homeless single mother’s claim for judicial review against the London Borough of Redbridge on all four grounds.’

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Local Government Lawyer, 14th June 2023

Source: www.localgovernmentlawyer.co.uk

Court issues mandatory order directing council to secure accommodation for family with severely disabled child within two months – Local Government Lawyer

Posted June 15th, 2023 in children, disabled persons, housing, local government, news by sally

‘The London Borough of Harrow left a family in unsuitable temporary accommodation, which “did not meet the needs of the claimant’s severely disabled daughter”, for almost a year, a court has found.’

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Local Government Lawyer, 14th June 2023

Source: www.localgovernmentlawyer.co.uk

A return to unmarked graves? – Law & Religion UK

Posted June 14th, 2023 in burials and cremation, local government, London, news by sally

‘The recent judgment Re Streatham Cemetery [2023] ECC Swk 3 concerns cemetery development. Opened more than one hundred years ago, there is now very little room in Streatham Cemetery for further burials. A Petition by the Bereavement Services Manager of Lambeth LBC[1] sought permission to re-use land within two areas of the cemetery through the operation of “lifting and deepening” of existing interments, thereby creating new burial space. The observations of Petchey Ch., (above and at [16]), indicate some of the issues to be addressed on the growing shortage of burial space.’

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Law & Religion UK, 14th June 2023

Source: lawandreligionuk.com

Supreme Court to hear case on environmental impact assessments and downstream greenhouse gas emissions next week – Local Government Lawyer

‘The Supreme Court will next week (21-22 June) hear a case brought against Surrey County Council over whether the local authority acted unlawfully by not requiring an impact assessment of a proposed oil well’s impact on downstream greenhouse gas (GHG) emissions before granting planning permission.’

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Local Government Lawyer, 13th June 2023

Source: www.localgovernmentlawyer.co.uk

Tribunal orders London borough to pay ex-director £15k+ in withheld pay – Local Government Lawyer

‘The London Borough of Croydon must pay a former director almost £15,000 in withheld pay, which it reduced while she was off sick.’

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Local Government Lawyer, 8th June 2023

Source: www.localgovernmentlawyer.co.uk

The Renters’ Reform Bill: changes to grounds for possession – Local Government Lawyer

Posted June 9th, 2023 in bills, housing, landlord & tenant, local government, news, repossession by tracey

‘Helen Tucker examines the changes to the grounds for possession as set out in the Renters Reform Bill published on 17 May 2023.’

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Local Government Lawyer, 9th June 2023

Source: www.localgovernmentlawyer.co.uk

Challenges to withdrawn contract award decisions – Local Government Lawyer

Posted June 9th, 2023 in local government, news, public procurement by tracey

‘Joseph Barrett analyses High Court guidance on challenges to withdrawn contract award decisions.’

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Local Government Lawyer, 9th June 2023

Source: www.localgovernmentlawyer.co.uk