“A group of London councils is preparing to take legal action over the decision to shut 10 fire stations as part of plans to make £28.8m savings.”
BBC News, 10th August 2013
Source: www.bbc.co.uk
“A woman who moved out from her flat while a local authority carried out repairs still held her tenancy eight years later, the Court of Appeal has ruled.”
Local Government Lawyer, 12th August 2013
Source: www.localgovernmentlawyer.co.uk
“A code of practice on the use of surveillance cameras by bodies such as local authorities and police forces has come into effect in England and Wales.”
BBC News, 12th August 2013
Source: www.bbc.co.uk
“The words ‘the trust’ in sections 65F(1), 65I(1) and 65K(1) of the National Health Service Act 2006, as inserted, meant the particular failing trust to which a Trust Special Administrator had been appointed and not any other NHS trust.”
WLR Daily, 31st July 2013
Source: www.iclr.co.uk
“I posted back in February about the High Court’s decision in R (Kebede) v Newcastle City Council [2013] EWHC 355 (Admin) that local authorities have a duty (and not a discretion) to make a grant in relation to educational expenses and that this could include a grant for tuition fees.”
Education Law Blog, 4th August 2013
Source: www.education11kbw.com
“Town halls face losing significant powers over the future of their high streets under Whitehall plans to allow shops to be converted into homes without planning permission.”
The Guardian, 4th August 2013
Source: www.guardian.co.uk
“A group of allotment-holders is celebrating victory over Eric Pickles in a long-running battle over the development of a site that has been used for more than a century.”
The Independent, 2nd August 2013
Source: www.independent.co.uk
Supreme Court, 31st July 2013
Vernon Knight Associates v Cornwall County Council [2013] EWCA Civ 950; [2013] WLR (D) 329
“A landowner owed a measured duty in both negligence and nuisance to take reasonable steps to prevent natural occurrences on his land from causing damage to neighbouring properties. In determining the content of that duty, the court had to consider what was fair, just and reasonable as between the neighbouring parties, having regard to all the circumstances including the extent of the foreseeable risk, the available preventive measures, the costs of such measures and the parties’ resources.”
WLR Daily, 30th July 2013
Source: www.iclr.co.uk
Regina (Kebede and another) v Newcastle City Council [2013] EWCA Civ 960; [2013] WLR (D) 322
“A local authority had a duty to a former relevant child going on to higher education to make a grant to meet expenses connected with his education, including the major expense of tuition fees.”
WLR Daily, 31st July 2013
Source: www.iclr.co.uk
Torfaen County Borough Council v Douglas Willis Ltd [2013] UKSC 59; [2013] WLR (D) 321
“For the purposes of a prosecution under regulation 44(1)(d) of the Food Labelling Regulations 1996 (SI 1996/1499) it was sufficient for the prosecutor to prove that a defendant had food in its possession for the purposes of sale which was the subject of a label showing a “use by” date which had passed.”
WLR Daily, 31st July 2013
Source: www.iclr.co.uk
Sud v Ealing London Borough Council [2013] EWCA Civ 949; [2013] WLR (D) 320
“Although an award of costs against a paying party in the employment tribunal was an exceptional event, the tribunal should focus principally on the criteria established in rule 40 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004. Where the tribunal concluded that the party’s conduct of the proceedings had been unreasonable it was necessary for the court to identify the particular unreasonable conduct, along with its effect. That was not a process that entailed a detailed or minute assessment, but instead the court should adopt a broad brush approach, against the background of the totality of the relevant circumstances.”
WLR Daily, 30th July 2013
Source: www.iclr.co.uk
Lloyd v Lewisham London Borough Council and another [2013] EWCA Civ 923; [2013] WLR (D) 317
“Paragraph 14(1)(e) of Schedule 5 to the Housing Benefit Regulations 2006 and paragraph 15(1)(e) of Schedule 4 to the Council Tax Benefit Regulations 2006, both of which set out the items of income to be disregarded when calculating a claimant’s income and capital for the purposes of determining entitlement to the relevant benefit, only excluded sums paid under agreements which were made after the injury occurred, not an income loss award paid exclusively for loss of income pursuant to a pre-injury agreement.”
WLR Daily, 29th July 2013
Source: www.iclr.co.uk
“In HB, PB, and OB –v- London Borough of Croydon [2013] EWHC 1956 (Fam) Cobb J had to consider whether or not to make an order that a Local Authority which had been directed to file a section 37 report, and whose failure to do so properly had led to wasted costs, should pay those wasted costs of aborted days of hearing. The power to make such a costs order was in the discretion of the court (Senior Courts Act 1981 s51(1)) and, by reference to FPR 2010 28.1, the court could make such order as it thought just. The Local Authority was sufficiently closed connected with the litigation, and its failings were so serious, as to justify making what the court was urged to regard as an exceptional order.”
Sovereign Chambers, 19th July 2013
Source: www.sovereignchambers.co.uk
“To its supporters fracking is a revolutionary method of extracting gas and oil which will help drive down fuel prices in the UK, lower CO2 emissions and reduce the country’s dependence on foreign energy supplies. To its opponents it is a dangerous distraction from investment in renewable fuels, which can lead to the escape of carcinogenic chemicals into water supplies and which can cause minor earthquakes.”
Hardwicke Chambers, 24th July 2013
Source: www.hardwicke.co.uk
“Liz Davies considers the ways in which landlords have benefited from the credit crisis and explores how tenants could be given increased security through five-year tenancies.”
Garden Court Chambers Blog, 30th July 2013
Source: www.gclaw.wordpress.com
“I wrote back in March about the way in which, despite efforts to decentralise autonomy to the local level and to inspire and empower citizens to get involved in local politics, Central Government seems reluctant to ‘let go’ and to give local authorities a free rein in relation to the exercise of local powers. New neighbourhood planning measures provided suitable example.”
UK Constitutional Law Group, 27th July 2013
Source: www.ukconstitutionallaw.org
“The Government’s proposed strategy for the promotion, construction and operation of a new high speed rail network, as set out in a command paper and followed after consultation by an announcement of decisions and next steps, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) so as to necessitate an environmental assessment within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC).”
WLR Daily, 24th July 2013
Source: www.iclr.co.uk
South Lanarkshire Council v Scottish Information Commissioner [2013] UKSC 55; [2013] WLR (D) 307
“Whether processing personal data was ‘necessary’ within the meaning of condition 6 in Schedule 2 to the Data Protection Act 1998 was to be determined as part of the proportionality test established in European Union law so that a measure which interfered with a right protected by such law had to be the least restrictive for the achievement of a legitimate aim.”
WLR Daily, 29th July 2013
Source: www.iclr.co.uk
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