Tales from the County Courts – housing conditions quantum, proof of notice of defects, and section 21 and gas safety certificates again – Nearly Legal

Three county court cases – all first instance judgments and non-binding, but each of interest, including the first two fitness for human habitation decisions that have come our way and a complicating decision on gas safety certificates and section 21 notices.

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Nearly Legal, 19th November 2023

Source: nearlylegal.co.uk

Justice accuses Government of seeking to establish blanket anonymity for “junior” civil servants – Local Government Lawyer

‘Law reform charity Justice has intervened on what it called a “principle of open justice”, to allege the Government wanted blanket anonymity for civil servants deemed ‘junior’ in documents disclosed in judicial review proceedings.’

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Local Government Lawyer, 16th November 2023

Source: www.localgovernmentlawyer.co.uk

Lessons for Employers in handling Gender-transition at work – AB v Royal Borough of Kingston Upon Thames – Old Square Chambers

‘The London South Employment Tribunal (EJ McLaren and lay members) has handed down judgment and written reasons in AB v Royal Borough of Kingston Upon Thames.’

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Old Square Chambers, 19th October 2023

Source: oldsquare.co.uk

Council granted leave to make application for change in forename of child, subject to outcome of care order application – Local Government Lawyer

Posted November 16th, 2023 in care orders, children, families, local government, names, news by sally

‘The High Court has granted leave to a local authority to make an application to change an eight-month old’s registered forename.’

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Local Government Lawyer, 16th November 2023

Source: www.localgovernmentlawyer.co.uk

Government plan to use biomass in breach of Climate Change Act, charity argues – Local Government Lawyer

‘A charity is threatening the Government with a judicial review over its biomass strategy, arguing that the plan, which is part of the effort to cut greenhouse gas emissions, is in breach of the Climate Change Act 2008.’

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Local Government Lawyer, 15th November 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal adds additional hurdle to pension trustees recouping payments – OUT-LAW.com

Posted November 13th, 2023 in appeals, courts, enforcement, jurisdiction, local government, news, ombudsmen, pensions by tracey

‘Pension trustees in the UK will have to take an extra step to recover a disputed overpayment, as the English Court of Appeal has recently ruled that the Pensions Ombudsman (PO) is not a “competent court” for such purpose.’

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OUT-LAW.com, 10th November 2023

Source: www.pinsentmasons.com

How should schools and colleges investigate allegations of sexual assault against its staff? – Local Government Lawyer

‘Investigating allegations against staff is one of the most challenging issues for schools and colleges. Some lessons can be learned from a recent case, writes Joanne Moseley.’

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Local Government Lawyer, 10th November 2023

Source: www.localgovernmentlawyer.co.uk

Explaining Churchill v Merthyr Tydfil County – Local Government Lawyer

Posted November 13th, 2023 in appeals, damages, housing, local government, news, nuisance by tracey

‘Elizabeth England, of Five Paper Chambers, runs through the key points of the latest Court of Appeal Japanese Knotweed case.’

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Local Government Lawyer, 10th November 2023

Source: www.localgovernmentlawyer.co.uk

South Gloucestershire families needing respite care failed by council – BBC News

‘Almost a third of families with SEND children needing respite care have been failed by a council, according to a watchdog.’

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BBC News, 12th November 2023

Source: www.bbc.co.uk

Court of Appeal to conclude hearing on compulsory ADR – Legal Futures

Posted November 10th, 2023 in appeals, damages, dispute resolution, housing, local government, news, nuisance by tracey

‘The Court of Appeal will today conclude a three-day hearing on whether the courts can stay proceedings and require parties to engage in ADR as a condition of being able to continue their claims.’

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Legal Futures, 10th November 2023

Source: www.legalfutures.co.uk

Five men sentenced for bribery and corruption that resulted in a loss of over £400,000 – Crown Prosecution Service

‘Five men have been sentenced today (9 November 2023) over waste disposal contracts that resulted in losses of around £417,000 to Cardiff City Council.’

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Crown Prosecution Service, 9th November 2023

Source: www.cps.gov.uk

Court of Appeal allows appeal by father over interim care order – Local Government Lawyer

Posted November 9th, 2023 in appeals, care orders, children, drug abuse, families, local government, mental health, news by sally

‘The Court of Appeal has allowed a father’s appeal against interim care orders made in respect of his three children.’

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Local Government Lawyer, 8th November 2023

Source: www.localgovernmentlawyer.co.uk

Senior judges call for greater role for junior counsel in advancing oral arguments in court – Local Government Lawyer

Posted November 9th, 2023 in barristers, judges, local government, news, oral hearings by sally

‘Senior members of the judiciary have issued a statement calling for greater participation of junior counsel in courts and tribunals hearings.’

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Local Government Lawyer, 9th November 2023

Source: www.localgovernmentlawyer.co.uk

Landlord wins Upper Tribunal over level of penalties for housing penalties – Local Government Lawyer

‘A Bradford landlord has had penalties reduced in a case which the Upper Tribunal (Lands Chamber) said raised “some interesting questions about mitigation, totality, and the principle that civil penalties for housing offences should be set at a level that ensures the landlord does not profit from his crime”.’

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Local Government Lawyer, 9th November 2023

Source: www.localgovernmentlawyer.co.uk

Captain Tom’s family lose appeal against demolition of spa complex – The Guardian

Posted November 8th, 2023 in appeals, charities, conflict of interest, local government, news, planning by sally

‘The family of Captain Sir Tom Moore have lost a planning application appeal for a spa complex in their garden and have been given three months to demolish the structure.’

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The Guardian, 7th November 2023

Source: www.theguardian.com

New Act – legislation.gov.uk

Posted November 6th, 2023 in legislation, local government by tracey

2023 c. 55 – Levelling-up and Regeneration Act 2023

Source: www.legislation.gov.uk

The Court of Appeal on property guardians and HMOs – Local Government Lawyer

‘The Court of Appeal has confirmed that property guardianship companies must licence premises as HMOs (houses in multiple occupation). Ranjit Bhose KC and Tara O’Leary analyse the ruling.’

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Local Government Lawyer, 3rd November 2023

Source: www.localgovernmentlawyer.co.uk

Interpreting planning permissions – Local Government Lawyer

Posted November 6th, 2023 in interpretation, judicial review, local government, news, planning by tracey

‘A recent High Court ruling exhorts officers to make a deeper dive into the detail of planning permissions, writes Roderick Morton.’

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Local Government Lawyer, 3rd November 2023

Source: www.localgovernmentlawyer.co.uk

Coventry council used Airbnbs to house ‘‘vulnerable’’ teenage boy accused of rape – The Guardian

Posted November 3rd, 2023 in housing, local government, mental health, news, rape, sexual offences, young offenders by tracey

‘Judge accuses local authority of a ‘lackadaisical’ attitude to the 16-year-old’s care after regulated providers refused to give him a place.’

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The Guardian, 2nd November 2023

Source: www.theguardian.com

Ombudsman finds severe maladministration for Clarion in “tragic” noise case following death of resident who took his own life – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration for Clarion after its “lack of consideration” of a resident’s vulnerability when handling his complaints about noise led to him suffering over a nine-month period.’

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Local Government Lawyer, 2nd November 2023

Source: www.localgovernmentlawyer.co.uk