JL and the Second Bite of the Cherry – NearlyLegal

“There now follows a judicial review of the decision to enforce the possession order made in that claim: JL v SS for Defence [2012] EWHC 2216 (Admin) [not yet on Bailii], heard by Justice Simler QC on 30/7/2012.”

Full story

NearlyLegal, 27th August 2012

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

Injunctions for accommodation, judicial review and prospects of success – NearlyLegal

Posted August 29th, 2012 in homelessness, housing, injunctions, judicial review, local government, news by tracey

“This is case that highlights the benchmark for seeking an injunction for accommodation on a judicial review claim.”

Full story

NearlyLegal, 26th August 2012

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

Suitability. On expired beds and shared bathrooms – NearlyLegal

Posted August 24th, 2012 in homelessness, housing, judicial review, local government, news by sally

“Just how bad and inappropriate does temporary accommodation have to be to be unsuitable? There is an interesting post by David Thomas on the Anthony Gold ‘Housing and Public Law’ blog about a settled Judicial Review that highlights this issue.”

Full story

NearlyLegal, 23rd August 2012

Source: www.nearlylegal.co.uk

Dale Farm prosecutions abandoned by council – The Guardian

Posted August 24th, 2012 in bailiffs, demonstrations, local government, news, prosecutions by sally

“A council will take no further action against protesters arrested during the clearance of Europe’s largest illegal travellers’ site. The protesters were among those arrested as they clashed with police and bailiffs as travellers were removed from Dale Farm, Essex, last October.”

Full story

The Guardian, 23rd August 2012

Source: www.guardian.co.uk

Localism Act 2011 – 11 KBW

Posted August 21st, 2012 in legislation, local government, news, Wales by sally

“Some of the provisions in the Localism Act 2011 (‘the Act’) apply in England only, some provisions also apply in Wales, and some apply in Wales only. Application to England and Wales is set out in Annex A to the Act.”

Full story (PDF)

11 KBW, 17th August 2012

Source: www.11kbw.com

Local Government Law Update – 11 KBW

Posted August 21st, 2012 in judicial review, local government, news, police, public procurement by sally

Local Government Law Update: 17 August (PDF)

11 KBW, 17th August 2012

Source: www.11kbw.com

Tia Sharp: council launches serious case review – The Guardian

Posted August 15th, 2012 in children, local government, murder, news, social services by sally

“A serious case review has been launched into the death of 12-year-old Tia Sharp, whose body was found.”

Full story

The Guardian, 14th August 2012

Source: www.guardian.co.uk

Regina v Sumal & Sons (Properties) Ltd – WLR Daily

Regina v Sumal & Sons (Properties) Ltd: [2012] EWCA Crim 1840;  [2012] WLR (D)  247

“A landlord who committed an offence of managing an unlicensed house, contrary to section 95(1) of the Housing Act 2004, did not ‘obtain’ property ‘as a result of or in connection with’ his criminal conduct, for the purposes of section 76(4) of the Proceeds of Crime Act 2002, by the receipt of rent. Therefore a court sentencing a landlord for such an offence could not impose a confiscation order in the sum of the rent received.”

WLR Daily, 8th August 2012

Source: www.iclr.co.uk

Winterbourne View abuse: report criticises authorities for failing to act – The Guardian

Posted August 8th, 2012 in assault, care homes, care workers, local government, mental health, news, reports by sally

“The shocking catalogue of abuse at a care home first exposed by a TV investigation has been laid bare in a damning report.”

Full story

The Guardian, 7th August 2012

Source: www.guardian.co.uk

Local Government Law Update – 11 KBW

Posted August 7th, 2012 in homelessness, human rights, local government, news, repossession by sally

Local Government Law Update: 31 July (PDF)

11 KBW, July 2012

Source: www.11kbw.com

Disabled man’s brother wins £100,000 support battle – The Guardian

“A postal worker from Bradford has won an 11-year battle for justice for his disabled brother and reimbursement of more than £100,000 in support payments he had been wrongly denied.”

Full story

The Guardian, 6th August 2012

Source: www.guardian.co.uk

Jail for man who claimed for ‘pothole’ injury after breaking ankle in drunken leap – Daily Telegraph

“A man who tried to claim £100,000 in compensation after breaking his ankle in a pothole was in fact injured after jumping off a wall when drunk, a court has heard.”

Full story

Daily Telegraph, 4th August 2012

Source: www.telegraph.co.uk

Vulnerable people on remand need help – and not just from the Prison Service – The Guardian

Posted August 6th, 2012 in bail, budgets, homelessness, local government, news, prisons, remand by sally

“It may be written by the chief inspector of prisons, but don’t be fooled – this report is about social justice not crime.”

Full story

The Guardian, 2nd August 2012

Source: www.guardian.co.uk

End protest at travellers’ site or face jail, villagers told – Daily Telegraph

Posted August 3rd, 2012 in demonstrations, local government, news, planning by tracey

“Villagers who set up a protest camp after a group of travellers moved on to green belt land near their homes were last night facing threats of £20,000 fines or even jail unless they leave.”

Full story

Daily Telegraph, 3rd August 2012

Source: www.telegraph.co.uk

The Issue of Costs following the Supreme Court Decision in T (Children) – ‘Not about the money?’ – Family Law Week

Posted August 2nd, 2012 in appeals, children, costs, grandparents, local government, news by sally

“Dorothea Gartland, barrister, 4 Paper Buildings and Penny Logan, principal lawyer, Cafcass, consider the lessons to be learned from T (Children).”

Full story

Family Law Week, 1st August 2012

Source: www.familylawweek.com

Doncaster library legal battle lost by Carol Buck – BBC News

Posted August 2nd, 2012 in disabled persons, libraries, local government, news by sally

“A disabled woman from South Yorkshire has lost her legal challenge against an elected mayor over library funding.”

Full story

BBC News, 1st August 2012

Source: www.bbc.co.uk

Forced marriage advice to help victims with learning disabilities – BBC News

Posted August 1st, 2012 in consent, forced marriages, learning difficulties, local government, news by sally

“Fifty English councils are bringing in policies to tackle the rise in the number of people with learning disabilities entering forced marriages.”

Full story

BBC News, 1st August 2012

Source: www.bbc.co.uk

Two Articles on Local Government Law – 11 KBW

Posted July 31st, 2012 in contract of employment, local government, news, time limits by sally

Local Government Law Update: 30 July (PDF)
Local Government Law Update: 30 July (PDF)

11 KBW, July 2012

Source: www.11kbw.com

Five HS2 challenges granted December court hearings – OUT-LAW.com

“Five cases being brought against the Government’s flagship high-speed rail link between London and the Midlands will be heard in December, the High Court has confirmed.”

Full story

OUT-LAW.com, 31st July 2012

Source: www.out-law.com

Selwood v Durham County Council and others – WLR Daily

Selwood v Durham County Council and others [2012] EWCA Civ 979; [2012] WLR (D) 231

“When determining whether a defendant owed a common law duty of care to a claimant in respect of the actions of a third party on the basis of foreseeability, proximity and fairness, justice and reasonableness, in accordance with the test laid down in Caparo Industries plc v Dickman [1990] 2 AC 605, there was no need to show that the defendant had assumed any responsibility for the claimant’s safety. In determining whether it was fair, just and reasonable to impose that duty of care on a defendant who was a public authority, additional factors of public policy had to be considered and some classes of claimant would stand in such a special relationship with the defendant public authority that it would be fair, just and reasonable to impose a duty of care in respect of the actions of a third party. In respect of that limited class of claimants, the weight to be attached to some of the policy considerations which rendered a duty to a wider class undesirable was much less than if the duty was one owed to the world at large. In order to establish the existence of a duty of care on the basis of an assumption of responsibility, there was no requirement for something positive to that effect to have been said or something done which clearly indicated such assumption, and the assumption of responsibility could be inferred from circumstances.”

WLR Daily, 18th July 2012

Source: www.iclr.co.uk