Capacity to consent to sexual relations: obscurity illuminated? – Transparency Project

‘The intimate life of a woman, who is known to the public only by the initials NB, is the subject of a case in the Court of Protection which attracted headlines earlier this year. A further judgment has recently been published, following an interim judgment published in May.’

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Transparency Project, 23rd July 2019

Source: www.transparencyproject.org.uk

Ministry consults on implementing decision to end ‘no-fault’ evictions – Local Government Lawyer

‘The Ministry of Housing, Communities and Local Government has launched a consultation on implementing the government’s decision to remove section 21 of the Housing Act 1988 and improving section 8 eviction grounds.’

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Local Government Lawyer, 23rd July 2019

Source: www.localgovernmentlawyer.co.uk

Council defeats judicial review challenge over changes to school transport and SEN transport policies – Local Government Lawyer

‘Leicestershire County Council has defeated a High Court challenge brought by a 17-year-old, severely disabled girl over proposed changes to its school transport policies.’

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Local Government Lawyer, 22nd July 2019

Source: www.localgovernmentlawyer.co.uk

Motorcyclists fail in Court of Appeal action over making of road traffic regulation order – Local Government Lawyer

Posted July 23rd, 2019 in local government, motorcycles, news, road traffic, statutory duty by sally

‘The Court of Appeal has rejected an appeal by a motorcyclists’ group over a road traffic regulation order (TRO) made by Hampshire County Council.’

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Local Government Lawyer, 22nd July 2019

Source: www.localgovernmentlawyer.co.uk

Tenants will be given access to rogue landlord database – The Guardian

‘Campaigners have welcomed government plans to open up its rogue landlord database to prospective tenants, as part of proposals to give greater protection to renters.’

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The Guardian, 21st July 2019

Source: www.theguardian.com

Lucy McHugh murder case: Stephen Nicholson jailed for life – BBC News

‘A lodger who raped and murdered a 13-year-old girl to stop her exposing him as an abuser has been jailed for life.’

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BBC News, 19th July 2019

Source: www.bbc.co.uk

Social housing: changes to intervention and enforcement – Local Government Lawyer

‘The Regulator of Social Housing is running a consultation on changes to its guidance on intervention, enforcement and use of powers. Sarah Greenhalgh analyses the proposals.’

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Local Government Lawyer, 12th July 2019

Source: www.localgovernmentlawyer.co.uk

Parish council fails in judicial review of assessment by planning officer of impact of 400-dwelling scheme on church – Local Government Lawyer

‘A parish council has failed in a High Court challenge to a decision by the development control committee at Arun District Council to grant outline permission for the development of a portion of land allocated for up to 400 dwellings.’

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Local Government Lawyer, 8th July 2019

Source: www.localgovernmentlawyer.co.uk

County council admits flawed practice of turning homeless children away, settles judicial review challenge – Local Government Lawyers

‘Essex County Council has settled a judicial review challenge brought on behalf of a 16-year-old homeless child, admitting that it had operated an unlawful practice of turning homeless children away from care in breach of section 20 of the Children Act 1989.’

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Local Government Lawyer, 4th July 2019

Source: www.localgovernmentlawyer.co.uk

Social housing and religion: R (Z & Anor) – Law & Religion UK

‘A non-Jewish woman, Z, had four children, including a son with autism. She was at the top of Hackney Council’s list for a four-bedroom home in the area. The co-defendant, the Agudas Israel Housing Association (AIHA), was founded in 1986 to provide social housing for Orthodox Jews in north London: it does not accept applications from anyone outside the Orthodox community. Six four-bedroom properties owned by AIHA became available but Ms Z was not allowed to apply for one of them. She sought judicial review of that refusal, arguing that it was unlawful and discriminatory for the AIHA to refuse her a home. As we noted, in R (Z & Ors) v Hackney London Borough Council & Anor [2019] EWHC 139 (Admin), a Divisional Court dismissed her claim, holding that a Jewish housing association might legitimately refuse to rent houses to those who were not Orthodox Jews. Z appealed.’

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Law & Religion UK, 5th July 2019

Source: www.lawandreligionuk.com

New Judgment: London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government & Ors [2019] UKSC 33 – UKSC Blog

Posted July 5th, 2019 in local government, news, planning, Supreme Court by sally

‘This appeal considered whether a condition restricting the use of the premises should be implied into a planning permission granted by the appellant; alternatively, whether the planning permission should be interpreted as containing such a condition.’

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UKSC Blog, 3rd July 2019

Source: ukscblog.com

When is a Highway “Maintainable at Public Expense”? – Zenith PI Blog

‘The claimant brought an action against the defendant for personal injury following a tripping incident on a path in Abram Park, Wigan. At trial the judge found that the path was in a dangerous and defective state but also found that the path was not a highway “maintainable at public expense” for the purposes of section 36 of the Highways Act 1980 and as such the defendant did not owe a duty under section 41 of the Act.’

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Zenith PI Blog, 28th June 2019

Source: zenithpi.wordpress.com

FOI requests to 20 councils found more than half did not prosecute single letting agent over four-year period, landlords group claims – Local Government Lawyer

‘Local authorities are failing in their duty to prosecute rogue letting agents, the National Landlords Association has claimed after its research found that more than half of 20 councils did not prosecute a single letting agent in the four-year period from 2014/15 to 2017/18.’

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Local Government Lawyer, 4th July 2019

Source: www.localgovernmentlawyer.co.uk

City council secures £350k in compensation for victims defrauded by local plumbing companies – Local Government Lawyer

‘The victims of two plumbing companies who defrauded their clients have been fully compensated for their financial losses, after Southampton City Council prosecuted the individuals involved.’

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Local Government Lawyer, 4th July 2019

Source: www.localgovernmentlawyer.co.uk

Abandoning a procurement: not always the end of the story – Henderson Chambers

Posted July 3rd, 2019 in local government, news, public procurement, statutory duty by sally

‘In Amey Highways Ltd v West Sussex Highways [2019] EWHC 1291 (TCC), Stuart SmithJ held that a contracting authority’s decision to abandon a procurement following a challenge brought by a disappointed tenderer does not automatically extinguish that tenderer’s claim for damages.’

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Henderson Chambers, 25th June 2019

Source: www.hendersonchambers.co.uk

London borough wins Supreme Court battle over retail store and restrictions on use – Local Government Lawyer

Posted July 3rd, 2019 in local government, news, planning, Supreme Court by sally

‘The Supreme Court has unanimously allowed an appeal by the London Borough of Lambeth in a dispute over whether use restrictions continued to apply to a retail development.’

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Local Government Lawyer, 3rd July 2019

Source: www.localgovernmentlawyer.co.uk

Ombudsman urges councils to check procedures when dealing with people with ‘hidden disabilities’ – Local Government Lawyer

Posted July 3rd, 2019 in disabled persons, local government, London, news, ombudsmen, reports by sally

‘The Local Government & Social Care Ombudsman has called on councils to check their procedures to avoid disadvantaging people with ‘hidden disabilities’, following the publication of three separate investigation reports into London councils.’

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Local Government Lawyer, 2nd July 2019

Source: www.localgovernmentlawyer.co.uk

Costs awarded against council after failed ‘secondary ticketing’ prosecution – Local Government Lawyer

‘Costs have been awarded against North Yorkshire County Council in a case over the prosecution of ticket resellers, despite a judge saying she was reluctant to do so.’

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Local Government Lawyer, 2nd July 2019

Source: www.localgovernmentlawyer.co.uk

Council wins High Court battle over development and certificate of lawfulness – Local Government Lawyer

Posted July 3rd, 2019 in appeals, local government, news, planning, roads by sally

‘A borough council has won a High Court challenge over a planning inspector’s decision to allow an appeal against the local authority’s refusal of a certificate of lawfulness of proposed use or development.’

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Local Government Lawyer, 3rd July 2019

Source: www.localgovernmentlawyer.co.uk

Governance under the spotlight – Law Society’s Gazette

Posted July 2nd, 2019 in auditors, government departments, local government, news, standards by sally

‘As Roman satirist Juvenal was always asking down the pub: ‘Sed quis custodiet ipsos custodes?’ (But who guards the guards themselves?). For the Ministry of Housing, Communities & Local Government (MHCLG) the answer is the redoubtable House of Commons Public Accounts Committee (PAC).’

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Law Society's Gazette, 1st July 2019

Source: www.lawgazette.co.uk