Case Comment: London Borough of Merton Council v Nuffield Health [2023] UKSC 18 – UKSC Blog

Posted January 4th, 2024 in charities, fiduciary duty, health, local government, news, rates, Supreme Court by sally

‘In this post, Lisa Fox, a senior associate in the litigation team at CMS, comments on the decision by the Supreme Court in London Borough of Merton Council v Nuffield Health [2023] UKSC 18. The issue before the Supreme Court was whether Nuffield Health is entitled to mandatory relief from non-domestic rates in respect of its occupation of its members-only gym under the Local Government Finance Act 1988.’

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UKSC Blog, 3rd January 2024

Source: ukscblog.com

Judicial review launched over planning inspector decision to allow oil drilling operation in Lincolnshire – Local Government Lawyer

Posted January 4th, 2024 in judicial review, local government, news, oil wells, planning by sally

‘A planning inspector’s decision to overturn Lincolnshire County Council’s refusal of permission for further oil drilling in a village has been subject to a judicial review application.’

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Local Government Lawyer, 3rd January 2024

Source: www.localgovernmentlawyer.co.uk

Failed succession, residential care and human rights incompatibility – Nearly Legal

‘Dudley Metropolitan Council v Mailley (2023) EWCA Civ 1246. We first saw this very sad case on first instance in the High Court. Ms Mailley was defending possession of a Dudley property of which her late mother had been the secure tenant since 1965. Ms Mailley had lived at the property since she was 11 years old and was now 68.’

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Nearly Legal, 30th December 2023

Source: nearlylegal.co.uk

High Court allows judicial review against council over failure to support child trafficking victim – Local Government Lawyer

‘The High Court has ruled that the London Borough of Barnet failed to meet its duties towards a victim of child trafficking after he received no specialist support from either the council or the Home Office for several years.’

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Local Government Lawyer, 21st December 2023

Source: www.localgovernmentlawyer.co.uk

A newcomer to the world of injunctions – UK Human Rights Blog

Posted December 20th, 2023 in appeals, human rights, injunctions, local government, news, Supreme Court, travellers by sally

‘The appeal in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47 concerned injunctions obtained by over 38 different local authorities between 2015 and 2020 to prevent unauthorised encampments by Gypsies and Travellers. These “newcomer injunctions” as they are known, are a wholly new form of injunction, granted without prior notice, against persons unidentified at time of the grant of the injunction and who have not yet performed, or even threatened to perform the acts which the injunction prohibits. They therefore apply “to potentially anyone in the world”.’

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UK Human Rights Blog, 19th December 2023

Source: ukhumanrightsblog.com

Churchill unties the ‘knotty’ problem posed by Halsey – Littleton Chambers

‘On 29 November 2023 the Court of Appeal gave judgment in the case of Churchill -v- Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 which seeks to resolve the difficult issues raised by the earlier Court of Appeal decision in Halsey -v- Milton Keynes General NHS Trust [2004] EWCS Civ 576 [2004] 1 WLR 3002 and specifically the controversial and much criticised comments of Dyson LJ in paragraphs 9 and 10 of his judgment in Halsey to the effect that:

“to oblige truly unwilling parties to refer their disputes to mediation would be to impose an unacceptable obstruction on their right of access to the court”…’

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Littleton Chambers, 29th November 2023

Source: littletonchambers.com

Needs Improvement: Tribunal Quashes Deficient Improvement Notice – Tanfield Chambers

Posted December 20th, 2023 in appeals, chambers articles, housing, landlord & tenant, local government, news, repairs by sally

‘Chapters 1 and 2 of the 2004 Act establish a system for the assessment and enforcement of housing standards, by which local authorities are required or empowered to take action (including serving hazard awareness, improvement, or prohibition notices) where they identify category 1 and category 2 hazards in residential premises.’

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Tanfield Chambers, 29th November 2023

Source: www.tanfieldchambers.co.uk

Deficient enquiries and accommodation pending review – Nearly Legal

Posted December 19th, 2023 in homelessness, housing, judicial review, local government, news by tracey

‘Saint Sepulchre, R (On the Application Of) v Royal Borough of Kensington & Chelsea (2023) EWHC 2913 (Admin). A judicial review of RBKC’s refusal to provide temporary accommodation pending section 202 review of the decision that Mr S was not homeless.’

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Nearly Legal, 17th December 2023

Source: nearlylegal.co.uk

A newcomer to the world of injunctions – UK Human Rights Blog

Posted December 19th, 2023 in injunctions, local government, news, travellers by tracey

‘The appeal in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47 concerned injunctions obtained by over 38 different local authorities between 2015 and 2020 to prevent unauthorised encampments by Gypsies and Travellers. These “newcomer injunctions” as they are known, are a wholly new form of injunction, granted without prior notice, against persons unidentified at time of the grant of the injunction and who have not yet performed, or even threatened to perform the acts which the injunction prohibits. They therefore apply “to potentially anyone in the world” [143(i)]. Local authorities sought to use such injunctions, due to the inefficacy of obtaining an injunction against named Gypsies or Travellers who, by the time proceedings have commenced, have left, and been replaced by another group, against whom the injunction has no effect.’

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UK Human Rights Blog, 19th December 2023

Source: ukhumanrightsblog.com

Civil Justice Council working group consult on procedure for determining mental capacity in civil proceedings – Local Government Lawyer

‘A Civil Justice Council (CJC) working group has launched a consultation on the procedure for determining mental capacity in civil proceedings.’

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Local Government Lawyer, 18th December 2023

Source: www.localgovernmentlawyer.co.uk

Equality Act to get EU upgrade – Local Government Lawyer

‘The Retained EU Law (Revocation and Reform) Act 2023 triggered concerns about the future of domestic employment law, which originated in the EU. New draft regulations, The Equality Act 2010 (Amendment) Regulations 2023 which are planned to come into force on 1 January 2024 provide welcomed clarity on the issue in respect of the Equality Act 2010, writes David Leach.’

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Local Government Lawyer, 15th December 2023

Source: www.localgovernmentlawyer.co.uk

Newport council fined £2m after tractor killed worker – BBC News

Posted December 15th, 2023 in bereavement, employment, fines, health & safety, local government, news by tracey

‘A council has been fined £2m after one of its employees was hit by a passing tractor and killed.’

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BBC News, 15th December 2023

Source: www.bbc.co.uk

Housing Ombudsman launches special investigations into three London landlords after rising maladministration rates – Local Government Lawyer

‘The Housing Ombudsman has launched special investigations into Camden Council, Hackney Council and Hyde Group after casework showed all three landlords struggle with damp and mould, repairs and complaint handling.’

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Local Government Lawyer, 12th December 2023

Source: www.localgovernmentlawyer.co.uk

Landlord handed £424k confiscation order after renting shed out as five flats – Local Government Lawyer

Posted December 12th, 2023 in confiscation, fines, housing, landlord & tenant, local government, news by sally

‘Brent Council has secured a £424,000 confiscation order against a landlord who rented out a large shed as five flats.’

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Local Government Lawyer, 11th December 2023

Source: www.localgovernmentlawyer.co.uk

Amendments at the appeal stage – Local Government Lawyer

Posted December 11th, 2023 in agriculture, appeals, consultations, local government, news, planning by tracey

‘Wheatcroft, then Holborn, now Bramley – the Planning Court has ruled on practicalities of amendments at appeal stage. Thea Osmund-Smith and Odette Chalaby provide a digest of the decision.’

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Local Government Lawyer, 8th December 2023

Source: www.localgovernmentlawyer.co.uk

Tier 4 CAMHS, detainability under the Mental Health Act 1983 and (righteous) judicial frustration – Local Government Lawyer

Posted December 11th, 2023 in children, detention, local government, mental health, news by tracey

‘Alex Ruck Keene KC (Hon) analyses a recent High Court ruling on whether a 15-year-old should continue to be deprived of her liberty in a hospital.’

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Local Government Lawyer, 8th December 2023

Source: www.localgovernmentlawyer.co.uk

Housing Ombudsman issues report setting out key learning and guidance on service charges – Local Government Lawyer

Posted December 8th, 2023 in housing, landlord & tenant, local government, news, ombudsmen, service charges by michael

‘The Housing Ombudsman has provided updated guidance on the “often contentious” area of service charges in its latest Insight report.’

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Local Government Lawyer, 7th December 2023

Source: www.localgovernmentlawyer.co.uk

High Court finds council in breach of duties to disabled child – Local Government Lawyer

Posted December 8th, 2023 in children, disabled persons, families, local government, news, statutory duty by michael

‘In TS, R (on the application of) v The London Borough of Hackney [2023] EWHC 3063 (Admin), Jonathan Glasson KC, sitting as a Deputy Judge of the High Court, quashed the council’s assessment and care planning decision, concluding that the decision making in relation to the care package was “flawed”.’

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Local Government Lawyer, 7th December 2023

Source: www.localgovernmentlawyer.co.uk

Grenfell firefighters to receive council compensation – BBC News

Posted December 7th, 2023 in compensation, fire, fire services, local government, news by michael

‘More than 100 firefighters who tackled the Grenfell Tower blaze will receive compensation from Kensington and Chelsea Council.’

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BBC News, 7th December 2023

Source: www.bbc.co.uk

Local plan legal challenge shot down by High Court over “hypercritical scrutiny” of planning inspector report – Local Government Lawyer

Posted December 6th, 2023 in covenants, interpretation, local government, news, planning by sally

‘A High Court judge has dismissed a statutory review claim of the adoption of Waverly Borough Council’s Local Plan Part 2 over the claimants’ “hypercritical scrutiny” of a planning inspector’s report.’A High Court judge has dismissed a statutory review claim of the adoption of Waverly Borough Council’s Local Plan Part 2 over the claimants’ “hypercritical scrutiny” of a planning inspector’s report.’

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Local Government Lawyer, 5th December 2023

Source: www.localgovernmentlawyer.co.uk