R (on the application of Trail Riders Fellowship and another (Respondents) v Dorset County Council (Appellant) – Supreme Court
Supreme Court, 18th March 2015
Category: local government
Council to bring judicial review action over DCLG direction on newspaper frequency – Local Government Lawyer
‘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.’
Local Government Lawyer, 24th March 2015
Source: www.localgovernment.co.uk
Not So Alarming – Nearly Legal
‘There are new provisions requiring smoke and carbon monoxide detectors in residential properties.’
Nearly Legal, 24th March 2015
Source: www.nearlylegal.co.uk
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
Supreme Court quashes council decision over offer of housing 50 miles away – Local government Lawyer
‘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.’
Local Government Lawyer, 19th March 2015
Source: www.localgovernmentlawyer.co.uk
The Care Act 2014: Overview – Thirty Nine Essex Street
‘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
Local Authority Governance, Current Issues – Thirty Nine Essex Street
‘“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
Council loses Supreme Court appeal in rights of way battle with trail riders – Local Government Lawyer
‘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.’
Local Government Lawyer, 18th March 2015
Source: www.localgovernmentlawyer.co.uk
State Aid Issues for Local Authorities – Thirty Nine Essex Street
‘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
What’s Coming Next for Local Government – Thirty Nine Essex Street
‘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
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.’
Halsbury’s Law Exchange, 17th March 2015
Source: www.halsburyslawexchange.co.uk
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.’
Full story
BBC News, 17th March 2015
Source: www.bbc.co.uk
The continuing problem of recovering the cost of improvements from leaseholders – Hardwicke Chambers
‘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.’
Hardwicke Chambers, 9th March 2015
Source: www.hardwicke.co.uk
Regina (Newhaven Port & Properties Ltd) v East Sussex County Council – WLR Daily
‘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
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.’
BBC News, 17th March 2015
Source: www.bbc.co.uk
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.’
Local Government Lawyer, 13th March 2015
Source: www.localgovernmentlawyer.co.uk
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.’
UK Constitutional Law Association, 16th March 2015
Source: www.ukconstitutionallaw.org
Regina (Hourhope Ltd) v Shropshire Council – WLR Daily
Regina (Hourhope Ltd) v Shropshire Council: [2015] EWHC 518 (Admin); [2015] WLR (D) 100
‘The relevant question for determining whether the demolition deduction applied for the purposes of regulation 40 of the Community Infrastructure Regulations 2010 was whether the building was in actual lawful use at the material time and not whether there was a lawful use to which it could have been put.’
WLR Daily, 2nd March 2015
Source: www.iclr.co.uk
Lawyers, Social Workers and the Proportionality Test – Family Law Week
‘David Bedingfield, barrister of 4 Paper Buildings, considers the President’s judgment in A (A Child) [2015] EWFC 11 and the lessons to be derived by practitioners.’
Family Law Week, 9th March 2015
Source: www.familylawweek.co.uk
