‘A council and the police acted unlawfully when they used a Victorian law against a shepherd whose sheep had entered a village.’
Local Government Lawyer, 21st March 2019
Source: www.localgovernmentlawyer.co.uk
‘The number of referrals of potential victims of modern slavery made by councils has soared tenfold in five years, the Local Government Association has warned.’
Local Government Lawyer, 18th March 2019
Source: www.localgovernmentlawyer.co.uk
‘Just one in 20 private tenants who complain to their council about poor living conditions gets protection from a revenge eviction by their landlord, according to figures released today.’
The Guardian, 18th March 2019
Source: www.theguardian.com
‘There are many unfortunate ways for claimants to lose a judicial review. But being told that your challenge is based on you getting the policy you are challenging wrong is up there in the ‘somewhat embarrassing’ top 10.’
Nearly Legal, 13th March 2019
Source: nearlylegal.co.uk
‘Court of Protection judges should not summarily dismiss cases where someone’s liberty is at stake, Mr Justice Hayden, Vice President of the court, has said.’
Local Government Lawyer, 14th March 2019
Source: www.localgovernmentlawyer.co.uk
‘Councils may be left unable to claim some £10m in business rates after Rossendale Borough Council lost a test case in the Court of Appeal over empty properties.’
Local Government Lawyer, 14th March 2019
Source: www.localgovernmentlawyer.co.uk
‘Couple unable to sell home after discovering public footpath running though living room.’
The Independent, 13th March 2019
Source: www.independent.co.uk
‘Five judicial reviews challenging the legality of the government’s decision to allow a third runway at Heathrow airport have begun in the high court.’
The Guardian, 11th March 2019
Source: www.theguardian.com
‘East Hertfordshire District Council has successfully defended its decision to list a currently empty pub as an asset of community value.’
Local Government Lawyer, 8th March 2019
Source: www.localgovernmentlawyer.co.uk
‘The UK government has successfully defended a legal challenge against its decision to adopt a new National Planning Policy Framework (NPPF) in England last year, but guidance contained in that framework concerning ‘fracking’ has been ruled to be unlawful.’
OUT-LAW.com, 8th March 2019
Source: www.out-law.com
‘The Ministry for Housing, Communities and Local Government has issued non-statutory guidance and advice to local authorities on the Homes (Fitness for Human Habitation) Act 2018.’
Local Government Lawyer, 7th March 2019
Source: www.localgovernmentlawyer.co.uk
‘A couple who fostered an 18 year old man who left a bomb on a Tube train at Parsons Green are to sue Surrey County Council for negligence and breach of their right to family life under the Human Rights Act.’
Local Government Lawyer, 7th March 2019
Source: www.localgovernmentlawyer.co.uk
‘The Upper Tribunal (Lands Chamber) has ruled that the London Borough of Southwark can recover a service charge for work in a leaseholder’s flat after the First Tier Tribunal (FTT) said nothing was payable.’
Local Government Lawyer, 7th March 2019
Source: www.localgovernmentlawyer.co.uk
‘No legal duty exists that requires a resident to notify a council of their residence at a particular address for council tax purposes, the Court of Appeal has ruled.’
Local Government Lawyer, 7th March 2019
Source: www.localgovernmentlawyer.co.uk
‘New government guidance on fracking is unlawful, the High Court has ruled.’
BBC News, 6th March 2019
Source: www.bbc.co.uk
‘A High Court judge has rejected a claim against a highways authority brought by a cyclist who was injured after she hit a pothole near a roundabout.’
Local Government Lawyer, 5th Mach 2019
Source: www.localgovernmentlawyer.co.uk
‘In Rogerson v Bolsover District Council (2019) EWCA Civ 226 the appellant was the tenant of a council house. She suffered injury as the result of an accident. The issue was whether the Council could be liable under Section 4 of the Defective Premises Act 1972. The relevant defect would have been discovered if the Council had implemented a system of regular inspection. Did the Council as landlord have a duty to inspect?’
Panopticon, 27th February 2019
Source: local-government-law.11kbw.com
‘McNutt v Transport for London [2019] EWHC 365 (Admin) was an appeal by way of case stated against a decision of Hendon Magistrates Court to find Mr McNutt, guilty of the offence contrary to Section 165(7) of the Equality Act 2010 (“the EA 2010”). It raised an important point of statutory construction in relation to the duty, pursuant to Section 165(1)(a) and Section 165(4)(b) of the EA 2010 on the driver of a taxi which has been hired by or for a disabled person in a wheelchair “not to make any additional charge for doing so”. By Section 165(7), it is a criminal offence to make such an additional charge.’
Local Government Law, 25th February 2019
Source: local-government-law.11kbw.com
‘A former taxi driver has pleaded guilty to four offences of knowingly or recklessly making a false statement or omitting material in an application to a council’s licensing team.’
Local Government Lawyer, 20th February 2019
Source: www.localgovernmentlawyer.co.uk
‘In R(B) v Redbridge LBC [2019] EWHC 250 (Admin), Jeremy Johnson QC, sitting as a Deputy Judge, was required to adjudicate on what is, as far as I am concerned, a really important point of practice, given the nature and continuing obligations of suitability of accommodation in homelessness cases, and the increasing number of suitability reviews (especially following the 2017 Act). He also came to the wrong result imho – I wonder if there is an appeal, even if it becomes academic (which it might). Ms B was offered accommodation and sought a review. It was one of those ones where affordability is raised, but, given that one doesn’t know what the bills are going to be for the property at the outset, the reviewer and applicant make approximations. The review went against her, albeit on marginal grounds (and there are various consequential proceedings from that first review and appeal). For the purposes of this application for JR, however, what happened was that Ms B’s actual electricity bill arrived and it was more per week than had originally been estimated. She sought a further review, to which Redbridge did not respond, and which, ultimately, led to these proceedings as Redbridge did not conduct that further review.’
Nearly Legal, 15th February 2019
Source: nearlylegal.co.uk
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