Ex-miner “deprived of his liberty” when prevented from dying at home – Local Government Lawyer

Posted March 4th, 2014 in freedom of movement, health, local government, news, ombudsmen, reports by sally

‘A 77-year-old former miner was deprived of his liberty – without proper account of the law being taken – when he was prevented from going home to die beside his brother, a joint report from two Ombudsmen has found.’

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Local Government Lawyer, 4th March 2014

Source: www.localgovernmentlawyer.co.uk

Council did not have power to ban live animal exports, says judge – Local Government Lawyer

Posted March 4th, 2014 in animals, compensation, local government, news, proportionality by sally

‘A district council faces having to make a significant payout to exporters of live animals after a High Court ruled that the authority did not have power to impose a temporary ban on shipment.’

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Local Government Lawyer, 3rd March 2014

Source: www.localgovernmentlawyer.co.uk

High Court rejects challenge to Berkshire village green decision – OUT-LAW.com

Posted March 3rd, 2014 in commons, judicial review, local government, news, planning by sally

‘An inspector was entitled to find that land subject to an application for registration as a village green had ceased to be used “as of right”, a High Court judge has found.’

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OUT-LAW.com, 28th February 2014

Source: www.out-law.com

Wind farms: ‘Inspector Blight’ criticised by senior judges – Daily Telegraph

‘Paul Griffiths, a planning inspector nicknamed “Inspector Blight” because of the number of wind farms he has approved, is criticised in a Court of Appeal judgement over his interpretation of guidelines’

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Daily Telegraph, 28th February 2014

Source: www.telegraph.co.uk

Supreme Court to hear landmark Hemming case on licensing fees – Local Government Lawyer

Posted February 28th, 2014 in fees, licensing, local government, news, sex establishments, Supreme Court by sally

‘Westminster City Council has been given permission to take to the Supreme Court the landmark Hemming case concerning the setting of licensing and regulatory fees.’

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Local Government Lawyer, 28th February 2014

Source: www.localgovernmentlawyer.co.uk

High-stakes gaming machines: Gamblers to set limits – BBC News

Posted February 28th, 2014 in gambling, local government, news by sally

‘Gamblers in England and Wales will be able to set their own limits on time and money spent on high-stakes gaming machines in betting shops.’

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BBC News, 28th February 2014

Source: www.bbc.co.uk

Education Law for Local Authorities in the Age of Academies – 11 KBW

‘Local authorities no longer run many of our publicly funded schools in England but still have plenty to occupy them in the education field. They have a role in the setting up of new academies. They still run their maintained community schools. In Wales, they remain the Welsh government’s preferred providers of state education. They have intervention powers and can suspend a school’s delegated budget.’

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11 KBW, 24th February 2014

Source: www.11kbw.com

Regina (Cornwall Council) v Secretary of State for Health – WLR Daily

Posted February 21st, 2014 in community care, disabled persons, law reports, local government by sally

Regina (Cornwall Council) v Secretary of State for Health [2014] EWCA Civ 12; [2014] WLR (D) 80

‘When resolving questions as to the “ordinary residence” of an adult man suffering from multiple complex disabilities, the test whereby a person who was so severely handicapped as to be totally dependent on a parent was in the same position as a small child and his ordinary residence was that of his parents because that was his base, was not to be followed.’

WLR Daily, 18th February 2014

Source: www.iclr.co.uk

Bedrooms and a family home – NearlyLegal

Posted February 19th, 2014 in appeals, benefits, children, families, housing, human rights, local government, news, tribunals by sally

‘A new First Tier Tribunal bedroom tax appeal decision from Liverpool, again a successful one, and this time on wholly new grounds.’

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NearlyLegal, 18th February 2014

Source: www.nearlylegal.co.uk

Village wins four year battle against illegal travellers’ site – Daily Telegraph

Posted February 19th, 2014 in appeals, human rights, inquiries, local government, news, planning, Supreme Court, travellers by sally

‘The residents of Hardhorn, in Lancashire, won at the Supreme Court but still face a £200,000 legal bill.’

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Daily Telegraph, 19th February 2014

Source: www.telegraph.co.uk

Hamnett v Essex County Council – WLR Daily

Hamnett v Essex County Council [2014] EWHC 246 (Admin); [2014] WLR (D) 72

‘The Administrative Court, hearing a claim for a statutory review brought under the Road Traffic Regulation Act 1984, did not have jurisdiction to investigate an alleged breach of section 29 of the Equality Act 2010.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

Court of Appeal upholds refusal of sexual entertainment venue licence – Local Government Lawyer

Posted February 18th, 2014 in appeals, licensed premises, licensing, local government, news by sally

‘The Court of Appeal has upheld a decision by a council’s licensing sub-committee to refuse to renew a licence for a sexual entertainment venue.’

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Local Government Lawyer, 17th February 2014

Source: www.localgovernmentlawyer.co.uk

Judge orders fresh decision over property and care home fee payment – Local Government Lawyer

Posted February 18th, 2014 in care homes, elderly, fees, housing, local government, news by sally

‘A claimant has successfully challenged a council’s decision to uphold its reversal of a previous decision to disregard a property owned by her mother in calculating the mother’s ability to pay care home fees.’

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Local Government Lawyer, 17th February 2014

Source: www.localgovernmentlawyer.co.uk

Discharge of duty by helping eviction – NearlyLegal

Posted February 18th, 2014 in appeals, housing, judicial review, local government, news by sally

‘This sounds like a rather odd case, noted on the Garden Court bulletin. It is a refusal to grant permission for Judicial Review of a Council’s refusal to carry out a review of the method it had decided upon to discharge its full housing duty.’

Full story

NearlyLegal, 17th February 2014

Source: www.nearlylegal.co.uk

Regina (Walford) v Worcestershire County Council and another – WLR Daily

Posted February 17th, 2014 in care homes, community care, elderly, fees, law reports, local government, news by sally

Regina (Walford) v Worcestershire County Council and another [2014] EWHC 234 (Admin) ; [2014] WLR (D) 65

‘Whilst a “home” in paragraph 2(1)(b) of Schedule 4 to the National Assistance (Assessment of Resources) Regulations 1992 was to be read as the only or main home it also denoted a place to which a person had a degree of both physical and emotional attachment.’

WLR Daily, 10th February 2014

Source: www.iclr.co.uk

Dispute over traffic orders and equality duty set for Court of Appeal – Local Government Lawyer

Posted February 17th, 2014 in appeals, equality, local government, news, road traffic by sally

‘A county council this week won a High Court battle over its decision to end blue-badge access to part of a town centre, but the case looks certain to end up in the Court of Appeal.’

Full story

Local Government Lawyer, 14th February 2014

Source: www.localgovernmentlawyer.co.uk

Regina (Thompson) v Oxford City Council (Spearmint Rhino Ventures (UK) Ltd intervening) – WLR Daily

Posted February 14th, 2014 in law reports, licensing, local government, sex establishments by sally

Regina (Thompson) v Oxford City Council (Spearmint Rhino Ventures (UK) Ltd intervening) [2014] EWCA Civ 94; [2014] WLR (D) 62

‘Where an application was made to renew a sexual entertainment venue licence, the decision maker had to have due regard to fact that the earlier licence had been granted. If no relevant circumstances had changed, he was required to give his reasons for departing from the previous decision when renewal was refused.’

WLR Daily, 11th February 2014

Source: www.iclr.co.uk

High Court upholds permission for 200 York homes – OUT-LAW.com

Posted February 14th, 2014 in appeals, housing, local government, news, planning by sally

‘A planning inspector’s decision to grant planning permission for a residential development with no affordable housing to prevent a delay in the contribution the development would make to the local authority’s housing land supply was rational and supported by sufficient reasons, a High Court judge has ruled.’

Full story

OUT-LAW.com, 13th February 2014

Source: www.out-law.com

Regina v Walker & Son (Hauliers) Ltd – WLR Daily

Regina v Walker & Son (Hauliers) Ltd [2014] EWCA Crim 100; [2014] WLR (D) 49

‘If a defendant knew that waste operations were occurring on his land, ignorance of the fact that such operations were being carried out in breach of the requirement for an environmental permit was no defence to a charge of knowingly permitting the operation of a regulated facility without an environmental permit.’

WLR Daily, 6th February 2014

Source: www.iclr.co.uk

Another council faces judicial review over changes to library provision – Local Government Lawyer

‘Lincolnshire County Council has become the latest local authority to face judicial review proceedings over proposed cuts to its libraries.’

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Local Government Lawyer, 12th February 2014

Source: www.localgovernmentlawyer.co.uk