When a system of inspection simply isn’t enough – Zenith PI Blog

Posted November 18th, 2014 in appeals, housing, local government, news, personal injuries by sally

‘The circumstances of the claim are as follows. The Claimant had been visiting her parents who had lived for some years in sheltered housing owned by the Defendant. The Claimant’s parents’ accommodation had a back entrance, which was approached by way of a tarmac path, beside which were an area of patchy grass. There was a difference in level between the path and the earth of approximately two and a half inches. At trial the Judge found that the edge of the path was clear and did not need to be marked. He accepted that the Claimant had stepped half on and half off the path which has caused her ankle to cockle and for her to fall.’

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Zenith PI Blog, 17th November 2014

Source: www.zenithpi.wordpress.com

My Achy, Breaky Tenancy: Supreme Court rules it human rights-compatible for one tenant’s unilateral Notice to Quit to end a joint tenancy – Zenith Chambers

‘Something that can take some housing practitioners by surprise is a Notice to Quit served, not by a landlord on a tenant, but by a tenant on a landlord (sometimes referred to by housing officers as a “notice to terminate”).’

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Zenith Chambers, 13th November 2014

Source: www.zenithchambers.co.uk

Errors, damn errors, and statistics: Ajilore v Hackney LBC – NearlyLegal

Posted November 18th, 2014 in appeals, homelessness, housing, local government, mental health, news, statistics, suicide by sally

‘With the Supreme Court set to look at priority need this December, Ajilore v Hackney [2014] EWCA Civ 1273 may prove to be a brief footnote in the evolution of the bloated Pereira test. But, at least for the next four weeks, it tells us something about the construction of the “ordinary homeless person” against which, post Johnson v Solihull [2013] EWCA Civ 752, applicants for homeless assistance are assessed.’

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NearlyLegal, 16th November 2014

Source: www.nearlylegal.co.uk

Council seeks to protect vulnerable children with ‘novel’ legal action – The Guardian

Posted November 18th, 2014 in children, injunctions, local government, news, social services by sally

‘Social services bosses in Birmingham say they are taking innovative legal action in an effort to protect vulnerable children who may be victims of sexual exploitation.’

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The Guardian, 17th November 2014

Source: www.guardian.co.uk

Love Thy Neighbour – An update on Neighbourhood plans – No. 5 Chambers

Posted November 17th, 2014 in environmental protection, housing, local government, news, planning by sally

‘Chris Young & James Corbet Burcher recently gave a talk titled ‘Love Thy Neighbour: An update on Neighbourhood plans’ at the No5 Chambers Annual Planning Review in London.’

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No. 5 Chambers, 16th October 2014

Source: www.no5.com

R (Jakimaviciute) v Hammersmith and Fulham London Borough Council – WLR Daily

Posted November 13th, 2014 in appeals, homelessness, housing, law reports, local government by tracey

R (Jakimaviciute) v Hammersmith and Fulham London Borough Council: [2014] EWCA Civ 1438; [2014] WLR (D) 478

‘The power of a local housing authority under section 160ZA(7) of the Housing Act 1996 to set the qualification criteria for registration on a housing allocation scheme under that Act was subject to the authority’s duty under section 166A(3) of the 1996 Act to secure that reasonable preference was given to specified classes of people, including those who were owed a housing duty under section 193(2) of that Act.’

WLR Daily, 6th November 2014

Source: www.iclr.co.uk

Landlord ordered to pay £280k after breaching enforcement notices on flats – Local Government Lawyer

‘A landlord who built an outbuilding and converted it into six small flats without planning permission has been ordered to pay more than £280,000.’

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Local Government Lawyer, 11th November 2014

Source: www.localgovernmentlawyer.co.uk

Court of Appeal holds as unlawful part of allocation scheme adopted by council – Local Government Lawyer

Posted November 12th, 2014 in appeals, homelessness, local government, news by tracey

‘Part of an allocation scheme adopted by a London council was unlawful, the Court of Appeal has ruled. In Jakimaviciute, R (On the Application Of) v Hammersmith And Fulham London Borough Council [2014] EWCA Civ 1438 the claimant challenged the legality of Hammersmith & Fulham’s scheme, which was adopted with effect from April 2013.’

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Local Government Lawyer, 11th November 2014

Source: www.localgovernment lawyer.co.uk

Wind turbines, noise and public information – UK Human Rights Blog

Posted November 10th, 2014 in consultations, delay, judicial review, local government, news, noise, planning by sally

‘An interesting decision about a Council not supplying some key information about a wind turbine project to the public until very late in the day. Can an objector apply to set the grant of permission aside? Answer: yes, unless the Council can show that it would have inevitably have come to the same conclusion, even if the information had been made public earlier.’

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UK Human Rights Blog, 7th November 2014

Source: www.ukhumanrightsblog.com

A return of sanity: Allocation and reasonable preference – NearlyLegal

Posted November 7th, 2014 in appeals, housing, judicial review, local government, news, statutory duty by tracey

‘Jakimaviciute, R (On the Application Of) v Hammersmith And Fulham London Borough Council [2014] EWCA Civ 1438. Eligibility for allocation list, reasonable preference and homelessness. After a run of Court of Appeal housing decisions that might be mildly described as disappointing, it is good to see one that is definitely right, albeit apparently reluctantly given.’

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NearlyLegal, 6th November 2014

Source: www.nearlylegal.co.uk/blog/

R (on the application of Moseley (in substitution of Stirling) (AP) v London Borough of Haringey – Supreme Court

R (on the application of Moseley (in substitution of Stirling) (AP) (Appellant) v London Borough of Haringey (Respondent) [2014] UKSC 56 (YouTube)

Supreme Court, 29th October 2014

Source: www.youtube.com/user/UKSupremeCourt

Southwark to bring judicial review over plans for ‘super-sewer’ for London – Local Government Lawyer

Posted November 3rd, 2014 in consultations, judicial review, local government, London, news, planning, sewerage by sally

‘Southwark Council has applied to the High Court to bring judicial review proceedings over ministers’ approval of plans for the so-called ‘super-sewer’ in London.’

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Local Government Lawyer, 3rd November 2014

Source: www.localgovernmentlawyer.co.uk

Judge attacks legal aid cuts as couple fight to keep their son – The Independent

‘One of Britain’s most senior judges has launched a withering attack on cuts to legal aid after a couple with learning disabilities was not provided with a lawyer to fight the forced adoption of their two-year-old son.’

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The Independent, 31st October 2014

Source: www.independent.co.uk

Legal aid cuts denied mother a fair hearing, says senior judge – The Guardian

‘A senior family court judge has condemned the injustice of the newly pared-back legal aid system after an illiterate mother of four, with poor sight and hearing, was forced to represent herself in a court hearing over the custody of her children.’

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The Guardian, 2nd November 2014

Source: www.guardian.co.uk

Independent review of Ofsted ‘urgently required’ – BBC News

Posted October 31st, 2014 in education, local government, news, quality assurance, teachers by sally

‘Ofsted is in urgent need of independent review in light of concerns about its objectivity and reliability, local government leaders have said.’

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BBC News, 31st October 2014

Source: www.bbc.co.uk

Consultation duty gets to the Supreme Court – UK Human Rights Blog

Posted October 30th, 2014 in appeals, consultations, local government, news, Supreme Court, taxation by sally

‘Lord Wilson posed the question, answered today by the Supreme Court, with concision. When Parliament requires a local authority to consult interested persons before making a decision which would potentially affect all of its inhabitants, what are the ingredients of the requisite consultation?’

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UK Human Rights Blog, 29th October 2014

Source: www.ukhumanrightsblog.com

The Long and Winding Road – NearlyLegal

Posted October 27th, 2014 in appeals, benefits, homelessness, housing, local government, news by sally

‘The facts in Nzolameso v Westminster CC are pretty unremarkable, but the effects of the Court of Appeal’s judgement are likely to reverberate through every new homelessness application, especially in the London area.’

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NearlyLegal, 26th October 2014

Source: www.nearlylegal.co.uk

High Court judge rejects challenge to withdrawal of wheelchair bus service – Local Government Lawyer

‘A city council has successfully defended a High Court challenge to its decision to withdraw a wheelchair bus service.’

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Local Government Lawyer, 23rd October 2014

Source: www.localgovernmentlawyer.co.uk

Nzolameso v Westminster City Council – WLR Daily

Posted October 23rd, 2014 in appeals, homelessness, housing, law reports, local government by sally

Nzolameso v Westminster City Council [2014] EWCA Civ 1383; [2014] WLR (D) 437

‘For the purposes of section 208 of the Housing Act 1996, when deciding whether it was “reasonably practicable” to accommodate a particular homeless person within its own district, bearing in mind that the accommodation might be of no more than a temporary nature, a local housing authority was entitled to have regard to all the factors that had a bearing on its ability to provide accommodation to that person, including the demands made on its resources, whether of a financial or administrative nature.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

A very unlawful eviction – NearlyLegal

Posted October 23rd, 2014 in damages, housing, local government, news, repossession by sally

‘This High Court judgment is remarkable in many ways, most of them worrying. It was the result of a six day hearing, with Southwark putting Kelvin Rutledge QC up against Mr AA in person and ended with findings against Southwark that were as bad as they could possibly be (and just perhaps even worse than the available evidence would support).’

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NearlyLegal, 22nd October 2014

Source: www.nearlylegal.co.uk