Court of Appeal to hear legal challenge over ‘safe zone’ around abortion clinic – Local Government Lawyer

Posted January 15th, 2019 in abortion, demonstrations, local government, news by tracey

‘The Court of Appeal has granted permission to appeal to claimants who unsuccessfully challenged Ealing Council’s decision to introduce – through a public spaces protection order – a “safe zone” outside an abortion clinic.’

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Local Government Lawyer, 14th January 2019

Source: www.localgovernmentlawyer.co.uk

Woman ordered not to contact son spared jail for going to parents’ evening – The Guardian

‘A woman under orders not to contact her son has been spared jail for accepting an invitation to attend a parents’ evening at his London school.’

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The Guardian, 14th January 2018

Source: www.theguardian.com

London borough acted unlawfully in dismissing three housing officers, tribunal rules – Local Government Lawyer

‘The London Borough of Barking and Dagenham acted unlawfully when it dismissed three housing officers, an Employment Tribunal has ruled. The ruling of the East London Employment Tribunal was handed down last month (27 December), following a hearing in October and November 2018. The council dismissed the three employees in the summer of 2017, suggesting that their roles were redundant. However, the Employment Judge ruled that in reality their roles were not redundant and that all three employees were unfairly dismissed.’

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Local Government Lawyer, 11th January 2018

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rules against council over decision resident was not homeless – Local Government Lawyer

Posted January 11th, 2019 in appeals, homelessness, housing, local government, news by sally

‘Sandwell Borough Council acted wrongly when it considered an application for a local resident to be treated as homeless, the Court of Appeal has ruled.’

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Local Government Lawyer, 10th January 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects appeal by mother over aftercare services and day trip expense – Local Government Lawyer

Posted January 7th, 2019 in detention, expenses, families, local government, mental health, news by sally

‘The Court of Appeal has rejected a claim by a mother that a council and a clinical commissioning group were required under s.117 of the Mental Health Act 1983 to meet her travelling expenses for a 240-mile round trip to see her son on day trips out of the mental hospital where he is detained.’

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Local Government Lawyer, 3rd January 2019

Source: www.localgovernmentlawyer.co.uk

Council to keep day centre open after user brings legal proceedings – Local Government Lawyer

Posted December 18th, 2018 in consent orders, learning difficulties, local government, news by sally

‘Birmingham City Council has decided to keep a day centre for vulnerable adults open, after campaigners had threatened legal action over an earlier decision to close the facility.’

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Local Government Lawyer, 17th December 2018

Source: www.localgovernmentlawyer.co.uk

New Judgment: UKI (Kingsway) Ltd v Westminster City Council & Anor [2018] UKSC 67 – UKSC Blog

Posted December 18th, 2018 in electronic mail, local government, news, rates, service, Supreme Court by sally

‘This appeal considered the validity of the service of a completion notice under the Local Government Finance Act 1988, Sch 4A by the appellant on the respondent.’

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UKSC Blog, 17th December 2018

Source: ukscblog.com

Council wins Supreme Court battle with ratepayer over service of completion notice – Local Government Lawyer

Posted December 18th, 2018 in electronic mail, local government, news, rates, service, Supreme Court by sally

‘The Supreme Court has ruled in favour of Westminster City Council in a dispute over whether a completion notice in relation to a redevelopment was validly served on a ratepayer.’

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Local Government Lawyer, December 2018

Source: www.localgovernmentlawyer.co.uk

UK fracking policy faces court challenges – The Guardian

‘Ministers face a pair of legal challenges to their planning rules on fracking this week, from a national environmental group and the son of fashion designer Vivienne Westwood.’

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The Guardian, 16th December 2018

Source: www.theguardian.com

Landlord fined £25,000 over lack of hot water for disabled tenant – The Guardian

‘The wife of Britain’s most controversial buy-to-let landlord, Fergus Wilson, has been ordered to pay £25,000 in fines and legal costs after a court ruled that she had failed to supply hot water to a disabled tenant.’

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The Guardian, 12th December 2018

Source: www.theguardian.com

No requirement for taxi licensing schemes to be self-financing, High Court rules – Local Government Lawyer

Posted December 12th, 2018 in fees, licensing, local government, news, taxis by sally

‘Wakefield City Council is considering whether to appeal against a High Court ruling that quashed its licensing fees for private hire vehicles and taxis.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Thea Osmund-Smith successful in High Court – No. 5 Chambers

Posted December 12th, 2018 in assets of community value, housing, local government, news, planning by sally

‘Judgment was recently handed down in West Oxfordshire District Council v (1) Secretary of State for Housing Communites and Local Government (2) Rosconn Strategic Land Limited [2018] EWHC 3065 (Admin).’

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No. 5 Chambers, 6th December 2018

Source: www.no5.com

Ombudsman reminds councils of duty to provide alternative education – Local Government Lawyer

Posted December 12th, 2018 in local government, news, ombudsmen, school exclusions by sally

‘The Local Government and Social Care Ombudsman has issued a reminder to council school attendance teams that their duty to provide alternative education may arise for reasons other than exclusion and illness.’

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Local Government Lawyer, 12th December 2018

Source: www.localgovernmentlawyer.co.uk

London boroughs win out-of-borough housing claim at CoA – Local Government Lawyer

Posted December 12th, 2018 in homelessness, housing, local government, news by sally

‘Two London boroughs have won in the Court of Appeal over challenges to their policies on out-of-borough accommodation placements for homeless people.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Faraday Development Ltd v West Berkshire Council: Court of Appeal gives important guidance on development agreements and options, and declares contract ineffective – 11 KBW

Posted December 11th, 2018 in appeals, competition, drafting, local government, news, public procurement by sally

‘The Court of Appeal has given judgment in Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2532 . The main judgment was given by Lindblom LJ. The claimant’s appeal against the first instance judgment of Holgate J was allowed, and the Court made the first declaration of ineffectiveness seen in an English public procurement case since the remedy was introduced in 2009 (there has previously been one such declaration in Scotland).’

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11 KBW, 15th November 2018

Source: www.11kbw.com

High Court rejects challenge by motorcyclists over ban on use of three ‘green lanes’ – Local Government Lawyer

Posted December 11th, 2018 in local government, motorcycles, news, roads by sally

‘Hampshire County Council has successfully defended a legal challenge brought by trail riders over its decision to prohibit the use of three linked ‘green lanes’ by motor vehicles and motor cyles.’

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Local Government Lawyer, 10th December 2018

Source: www.localgovernmentlawyer.co.uk

New Judgment: London Borough of Southwark & Anor v Transport for London [2018] UKSC 63 – UKSC Blog

Posted December 11th, 2018 in appeals, local government, London, news, roads, Supreme Court by sally

‘This appeal considered whether the effect of a Transfer Order, which transferred to Transport for London certain roads in London, was only to transfer the surface of the highway and sufficient sub-soil (normally called the two top spits) as is necessary for the maintenance of the surface, or whether it was to transfer to TfL the entire interest held by the council in the land on which the highway ran.’

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UKSC Blog, 5th December 2018

Source: ukscblog.com

Court applies state aid rules in lease dispute – 11 KBW

Posted December 11th, 2018 in appeals, leases, local government, news, sport, state aids by sally

‘James Goudie QC explains how the Court of Appeal reached its conclusion, in a dispute over a lease extension, that the extension granted to the owners of a football club by a local authority was not state aid.’

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11 KBW, 13th November 2018

Source: www.11kbw.com

Parish fails in High Court challenge to permissions for 229 homes – Local Government Lawyer

Posted December 11th, 2018 in housing, local government, news, notification, planning by sally

‘East Bergholt Parish Council has failed in a High Court challenge to decisions by Babergh District Council to grant planning permissions for 229 new homes in the Suffolk village.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

City to contest cases where asylum seeker assessed as adult threatens legal action – Local Government Lawyer

Posted December 11th, 2018 in asylum, budgets, children, immigration, judicial review, local government, news by sally

‘Liverpool City Council is to contest the next cases in which apparently adult asylum seekers claim to be children, in the face of a potential £1.5m cost for looking after them.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk