‘A High Court judge has refused Greenwich Council’s application for judicial review of a planning inspector’s decision to allow the removal of the affordable housing requirement attached to a planning permission, according to a report in Planning Magazine.’
OUT-LAW.com, 27th June 2014
Source: www.out-law.com
Sanger and another v Newham London Borough Council [2014] EWHC 1922 (Admin); [2014] WLR (D) 269
‘Criminal liability for an offence of failing to comply with an enforcement notice, contrary to section 179(2) of the Town and Country Planning Act 1990, only crystallised once the period for compliance set out in the notice had expired whereupon it became a continuing offence.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
‘Thousands of mothers over the past seven years have had successive children removed by family courts in England, the BBC has learned.’
BBC News, 23rd June 2014
Source: www.bbc.co.uk
‘Ministers have been accused of undermining women’s safety by weakening the regulation of private-hire taxi drivers.’
The Independent, 22nd June 2014
Source: www.independent.co.uk
‘Ministers are under fire because of plans to let the Women’s Institute, bed and breakfasts and charities start selling alcohol, which doctors and local councils warn could worsen Britain’s drink problem.’
The Guardian, 23rd June 2014
Source: www.guardian.co.uk
‘A council’s charging policy for social care services has been found unlawful because it took account of capital derived from a claimant’s personal injury settlement.’
Local Government Lawyer, 19th June 2014
Source: www.localgovernmentlawyer.co.uk
Haile v Waltham Forest London Borough Council [2014] EWCA Civ 792; [2014] WLR (D) 257
‘The question of whether a person applying to a local authority for housing accommodation was intentionally homeless within the meaning of section 193 of the Housing Act 1996, with the result that the local authority was under no duty to provide such accommodation to her under that section, was to be determined by reference to whether the person’s homelessness was intentional on the date on which she became homeless and not on the date of the local authority’s decision.’
WLR Daily, 13th June 2014
Source: www.iclr.co.uk
Regina (N) v Walsall Metropolitan Borough Council [2014] EWHC 1918 (Admin); [2014] WLR (D) 255
‘The capital derived from a personal injury settlement which was managed by a deputy appointed by the Court of Protection had to be disregarded by a local authority when deciding whether the injured person could be required to contribute to the cost of social care services provided by a local authority.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
‘In Haile v Waltham Forest LBC [2014] EWCA Civ 792, the question for the Court of Appeal was the relevant date for determining whether an applicant is intentionally homeless. On the facts, this was a significant question: Ms Haile had left her room in a hostel on 25th October 2011 to go to stay with a friend. Only one person was entitled to occupy the room. She said that she left the room because of unpleasant smells in the hostel. At the time she left the room, she was pregnant and she gave birth to the beautifully named Delina on 15th February 2012. Now, clearly, as of Delina’s birth, the room would not have been reasonable for Ms Haile to continue to occupy because more than one person would be occupying it in breach of the tenancy agreement. However, the council found her intentionally homeless because they did not accept that, as of 25th October 2011, the smells into the room made it not reasonable to continue to occupy.’
NearlyLegal, 16th June 2014
Source: www.nearlylegal.co.uk
‘Health and social care officials have been criticised for letting a severely mentally ill patient live in “squalor”.’
BBC News, 12th June 2014
Source: www.bbc.co.uk
‘The Strasbourg Court has ruled that local authorities are within their margin of discretion to balance individuals’ personal interests against the more general interest of the competent public authority in carrying out their social responsibility of provision of care to the community at large.’
UK Human Rights Blog, 7th June 2014
Source: www.ukhumanrightsblog.com
‘One of the difficulties users and practitioners have with the Data Protection Act 1998 is that there is so little case law on any of the provisions, it can be very hard to know how a court will react to the complicated structure and often unusual factual scenarios which can throw up potential claims. There are two reasons why there is so little case law. First, most damages claims under the DPA go to the County Court, where unless you were in the case it is hard to know that it happened or get hold of a judgment. Secondly, most damages claims are for small sums, which is it is more cost-effective to settle than fight.’
Panopticon, 6th June 2014
Source: www.panopticonblog.com
‘A council has won an appeal to the First-Tier Tribunal over its refusal to meet a freedom of information request for the disclosure of legal advice given to a consultant conducting an investigation on the authority’s behalf.’
Local Government Lawyer, 3rd June 2014
Source: www.localgovernmentlawyer.co.uk
‘Social workers in Surrey took legal action after discovering that a woman allowed her paedophile ex-husband unsupervised access to their 13-year-old son.’
BBC News, 3rd June 2014
Source: www.bbc.co.uk
Regina (Wiltshire Council) v Hertfordshire County Council [2014] EWCA Civ 712; [2014] WLR (D) 229
‘Where a person had been made subject to a hospital order with restrictions, then conditionally discharged, then recalled to hospital, and then conditionally discharged for a second time, for the purposes of section 117(3) of the Mental Health Act 1983 he was still to be treated as “resident in the area” of the same local authority as that in which he lived before the original hospital order was made.’
WLR Daily, 22nd May 2014
Source: www.iclr.co.uk
Regina (Barkas) v North Yorkshire County Council [2014] UKSC 31; [2014] WLR (D) 228
‘Local inhabitants indulged “by right” in lawful sports and pastimes on a recreation ground which had been provided for that purpose by a local authority in the exercise of its statutory powers, not “as of right” as was necessary pursuant to section 15(2) of the Commons Act 2006 in order to register the land as a town or village green.’
WLR Daily, 21st May 2014
Source: www.iclr.co.uk
Newham London Borough Council v Ali and others [2014] EWCA Civ 676; [2014] WLR (D) 223
‘A substantial breach of a planning obligation under section 106 of the Town and Country Planning Act 1990 would normally justify the grant of an injunction sought pursuant to section 106(5) unless relief ought to be withheld on equitable principles because of the local planning authority’s actions. The existence of an outstanding planning appeal would generally be irrelevant to whether an injunction should be granted, but the judge nevertheless had the power to suspend the injunction where it was fair, just and reasonable to do so.’
WLR Daily, 19th May 2014
Source: www.iclr.co.uk
Supreme Court, 21st May 2014
‘A High Court judge in the new Planning Court has rejected an application for a judicial review made by a development partner of Tesco, certifying that the claim was “totally without merit”.’
Local Government Lawyer, 27th May 2014
Source: www.localgovernmentlawyer.co.uk
‘Michael Jones, barrister, 15 Winckley Square Chambers, considers the response of local authorities to the requirements imposed by Re B-S and later cases.’
Family Law Week, 23rd May 2014
Source: www.familylawweek.co.uk
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