Vaccination – No ‘biggie’ but still ‘a big deal’ – Transparency Project

‘Here, in the midst of a public health emergency, is an important Court of Appeal decision about immunisation.’

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Transparency Project, 10th June 2020

Source: www.transparencyproject.org.uk

Challenge to new voter ID pilot dismissed by Court of Appeal – UK Human Rights Blog

‘The Government’s announcement that eleven local authorities across England would be taking part in voter ID pilots for the 2019 local elections was controversial. There is a heated debate as to whether citizens should have to provide photo identification before receiving their ballot at elections. For some, it is a straight-forward measure to avoid the risk of fraud. For others, it is a policy that, by design or inadvertently, leads to the disenfranchisement of certain groups.’

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UK Human Rights Blog, 9th June 2020

Source: ukhumanrightsblog.com

High Court judge issues mandatory order requiring council to provide urgent night-time support for disabled brothers – Local Government Lawyer

‘A local authority acted unlawfully after it failed to provide night-time care and support to two adult brothers with severe physical and learning disabilities pending a full needs reassessment, a High Court judge has ruled.’

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Local Government Lawyer, 8th June 2020

Source: www.localgovernmentlawyer.co.uk

Master of Rolls sets up working group as concerns expressed about end to stay on housing possession claims – Local Government Lawyer

‘The Master of the Rolls, Sir Terence Etherton, has established a cross-sector working group to address concerns about the consequences of the current stay on housing possession claims ending.’

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Local Government Lawyer, 5th June 2020

Source: www.localgovernmentlawyer.co.uk

Spending watchdog warns public bodies on challenge of managing end of PFI contracts as disputes loom – Local Government Lawyer

‘More than a third of public bodies expect to have formal disputes as PFI contracts come to an end, the National Audit Office has found.’

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Local Government Lawyer, 5th June 2020

Source: www.localgovernmentlawyer.co.uk

R (Flores) v Southwark LBC [2020] EWHC 1279 (Admin) – 4-5 Gray’s Inn Square

‘The Administrative Court dismissed a challenge to the local authority’s decision as to the level of priority to be awarded under their housing allocation scheme to a family living in accommodation which had become statutorily overcrowded as a result of children growing older. The Court interpreted the meaning of the applicant’s “deliberate act” under the scheme.’

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4-5 Gray's Inn Square, 29th May 2020

Source: www.4-5.co.uk

Your Appeal Fails: London Borough of Hackney v Okoro [2020] EWCA Civ 681 – Falcon Chambers

‘Is an appeal from a possession order (or other order) made in a possession claim commenced under Part 55 of the CPR caught by the stay on “all proceedings brought under CPR Part 55” imposed by paragraph 2 of Practice Direction 51Z (as amended on 20 April 2020)?’

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Falcon Chambers, 28th May 2020

Source: www.falcon-chambers.com

High Court judge hands down ruling on secure flexible tenancies and possession during fixed term – Local Government Lawyer

A landlord cannot determine a flexible tenancy prior to the expiry of its fixed term without a forfeiture clause even in the event of default by the tenant, the High Court has ruled.

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Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

Watering down children’s rights – Doughty Street Chambers

‘This post, written by a member of the Doughty Street Chambers’ Children’s Rights Group, raises questions about the necessity and proportionality of the Adoption and Children (Coronavirus) (Amendment) Regulations 2020. It suggests that the Regulations are likely to breach the UK’s international human rights commitments at a time when children need such protections more than ever.’

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Doughty Street Chambers, 19th May 2020

Source: insights.doughtystreet.co.uk

Official Solicitor takes part for first time in hearing of out of hours application in serious medical treatment case – Local Government Lawyer

‘The Official Solicitor has for the first time taken part in the hearing of an urgent out of hours application in a serious medical treatment case.’

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Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

Campaigners get green light for legal challenge over felling of wood near planned nuclear power station – Local Government Lawyer

‘A group that campaigns against the proposed Sizewell C nuclear power station has won permission to take East Suffolk Council to judicial review in a dispute over felling a wood.’

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Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

Delays and duties and human rights – Nearly Legal

‘Mr I, his wife and child had been given the tenancy of a two bedroom flat on the eight floor of a block of flats in discharge of the council’s homeless duty to them in September 2017. In November 2017 Mr I was suddenly paralysed from the waist down. He could not leave his bedroom and a wheelchair could not be used in the flat. The council carried out Care Act 2014 assessments, which acknowledged that he had a clear need to move to a suitable property, ground floor with 3 bedrooms and in which a wheelchair could be used.’

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Nearly Legal, 3rd June 2020

Source: nearlylegal.co.uk

Family judge says trial should be held on diplomatic immunity legislation and incompatibility with European Convention on Human Rights – Local Government Lawyer

‘A trial should be held on the “virtually insoluble dilemma” between diplomatic immunity and local authorities’ child protection duties, Mr Justice Mostyn has ruled in the High Court Family Division.’

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Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

Covid-19 Update: CPR PD51Z Applies to Appeals – Becket Chambers

‘This article seeks to provide a further update from my colleague Paul Tapsell’s article on residential possession and lease forfeiture proceedings during Covid-19.’

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Becket Chambers, 1st June 2020

Source: becket-chambers.co.uk

Don’t put it in writing! Problems in store for Local Authority Environmental Crime – St Philips Barristers

‘Joint Deputy Head of St Philips Regulatory Team, Ben Mills gives his expert analysis of Walker v Chelmsford City Council [2020] EWHC 635 (Admin) and its consideration of s108 (4) Environment Act 1995.’

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St Philips Barristers, 7th May 2020

Source: st-philips.com

R (Susan Fisher) v Durham County Council [2020] – The Interface Between Statutory Nuisance and Disability Discrimination – Francis Taylor Building

‘In his judgment in R (on the application of Susan Fisher) v. Durham County Council [2020] EWHC [2020] EWHC 1277 (Admin) handed down in the Leeds District Registry on 21 May 2020, Julian Knowles J. has dismissed a challenge brought by Susan Fisher, a woman with a neurological disorder which cases her to make involuntary sounds and noises, including words and phrases, against the decision of my client Durham County Council to serve her with a abatement notice under the Environmental Protection Act 1990 (“EPA 1990”).’

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Francis Taylor Building, 21st May 2020

Source: www.ftbchambers.co.uk

Leader calls for council to be given more powers to implement local lockdown – Local Government Lawyer

Posted June 2nd, 2020 in coronavirus, local government, news, regulations by sally

‘The Leader of Brighton & Hove City Council has called for the local authority to be given more powers to implement a local lockdown in the area.’

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Local Government Lawyer, 1st June 2020

Source: www.localgovernmentlawyer.co.uk

Council loses Court of Appeal battle over personal injury claim following tree root trip in park – Local Government Lawyer

Posted June 2nd, 2020 in footpaths, local government, news, parks, personal injuries, trees by sally

‘The Court of Appeal has found that a council was liable for an injury suffered by a claimant when she tripped on a tree root on a path constructed in a park by one of its predecessor authorities.’

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Local Government Lawyer, 2nd June 2020

Source: www.localgovernmentlawyer.co.uk

Judge criticises local authority and Children’s Guardian over efforts to identify birth father but declines to revoke adoption order – Local Government Lawyer

Posted June 1st, 2020 in adoption, children, families, family courts, judges, local government, news by sally

‘A Family Division judge has rejected a birth father’s application under the inherent jurisdiction of the High Court to revoke an adoption order made in November 2019, despite levelling criticisms at the local authority and Children’s Guardian over a lack of rigour and urgency to identify him.’

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Local Government Lawyer, 29th May 2020

Source: www.localgovernmentlawyer.co.uk

The power to make a Public Path Diversion Order – No. 5 Chambers

Posted June 1st, 2020 in chambers articles, footpaths, local government, news by sally

‘The recent decision of the High Court (Lieven J.) in The Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs [2020] EWHC 1085 (Admin) “the OSS case”) considered the relevant considerations to be taken into account by a council when determining whether to exercise the power to make a Public Path Diversion Order (PPO) pursuant to section 119 of the Highways Act 1980 (as amended). The decision raises points for councils, vendors, purchasers and owners of adjacent land.’

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No. 5 Chambers, 19th May 2020

Source: www.no5.com