local government – Current Awareness

Housing disrepair and ADR following Churchill v Merthyr Tydfil County Borough Council (Law Society and others intervening) [2023] EWCA Civ 1416 – Park Square Barristers

Posted December 19th, 2024 in appeals, chambers articles, dispute resolution, housing, local government, news, repairs by sally

‘It has been over 12 months since the decision in Churchill was handed down by the Court of Appeal. My anecdotal experience is that the disrepair landscape did not change drastically for around nine months; however, in the last three months I have seen Churchill arise in both Defences and applications made early in proceedings. I anticipate that reliance on the authority will continue to grow.’

Park Square Barristers, 17th December 2024

Source: www.parksquarebarristers.co.uk

Judges reject appeal by council in dispute over entitlement to right to buy – Local Government Lawyer

Posted December 19th, 2024 in housing, local government, London, news, right to buy by sally

‘The London Borough of Hackney has lost a Court of Appeal case over the eligibility for right to buy of a rabbi who occupied a home for only part of the time.’

Local Government Lawyer, 19th December 2024

Source: www.localgovernmentlawyer.co.uk

Road safety campaigners lose high court challenge against Tower Hamlets mayor – The Guardian

Posted December 18th, 2024 in judicial review, local government, London, news, road safety by sally

‘Road safety campaigners in east London have lost a high court challenge against the mayor of Tower Hamlets over his decision to remove three low traffic neighbourhoods (LTNs) in Bethnal Green.’

The Guardian, 17th December 2024

Source: www.theguardian.com

Care proceedings and recusal – Local Government Lawyer

Posted December 17th, 2024 in adoption, appeals, bias, care orders, families, family courts, judges, local government, news, recusal by tracey

‘Gary Fawcett considers two recent care cases he has dealt with recently where “recusal” has cropped up.’

Local Government Lawyer, 17th December 2024

Source: www.localgovernmentlawyer.co.uk

Adherence to the Public Law Outline in London – issues for family lawyers – Local Government Lawyer

Posted December 17th, 2024 in delay, families, family courts, local government, London, news by tracey

‘Rebecca Davies discusses the Family Presiding Judge for London, Mr Justice MacDonald’s new practice note and strategy aimed at reducing the huge backlog and delay in the London family courts and how family lawyers may be affected.’

Local Government Lawyer, 17th December 2024

Source: www.localgovernmentlawyer.co.uk

Ealing comedy. Getting statutory nuisance very wrong – Nearly Legal

Posted December 16th, 2024 in local government, magistrates, news, nuisance, prosecutions by tracey

‘Ferko v Ealing Magistrates Court & Ors (2024) EWHC 2592 (Admin). This was an appeal by case stated to the High Court from a decision of Ealing Magistrates Court on a statutory nuisance/section 82 Environmental Protection Act 1990 prosecution. It is also a remarkable illustration of just how wrong the Magistrates can get such a prosecution, as well as being a helpful primer to constituent elements of an EPA prosecution case.’

Nearly Legal, 15th December 2024

Source: nearlylegal.co.uk

Court of Protection Update – December 2024 – Local Government Lawyer

Posted December 16th, 2024 in appeals, Court of Protection, families, local government, married persons, mental health, news by tracey

‘Emily Price analyses two recent Court of Protection cases that concerned the treatment of long-term relationships.’

Local Government Lawyer, 13th December 2024

Source: www.localgovernmentlawyer.co.uk

Making FGM protection orders – Local Government Lawyer

Posted December 16th, 2024 in children, families, female genital mutilation, local government, news by tracey

‘A High Court judge recently made some important observations on the making of FGM protection orders in the future. Adam Kayani examines the ruling.’

Local Government Lawyer, 13th December 2024

Source: www.localgovernmentlawyer.co.uk

Providing support for children with complex needs – Local Government Lawyer

Posted December 16th, 2024 in autism, child abuse, children, consultations, detention, disabled persons, learning difficulties, local government, mental health, news by tracey

‘Alex Ruck Keene KC (Hon) examines a recent High Court case concerning the Mental Health Act, “detainability,” and judicial scrutiny (and the real underlying problems of children with complex needs).’

Local Government Lawyer, 13th December 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects claim for “former relevant child” status – Local Government Lawyer

Posted December 13th, 2024 in appeals, children, families, homelessness, housing, judicial review, local government, news by sally

‘The Court of Appeal has ruled against granting a judicial review of Essex County Council over whether a teenager who might have become homeless was entitled to ‘former relevant child’ status.’

Local Government Lawyer, 12th December 2024

Source: www.localgovernmentlawyer.co.uk

Court of Protection judge sets out guidance on mental capacity assessments for deaf individuals – Local Government Lawyer

Posted December 13th, 2024 in Court of Protection, disabled persons, local government, news by sally

‘A senior Court of Protection judge has outlined a number of considerations that should guide any assessment of a deaf individual fluent in British Sign Language (BSL), after finding that a young man was inaccurately assessed as lacking capacity in all areas.’

Local Government Lawyer, 12th December 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal hands down ruling on restrictions on use of section 73 TCPA – Local Government Lawyer

Posted December 12th, 2024 in energy, local government, news, planning by sally

‘Test Valley Borough Council has lost a case in the Court of Appeal over the use of section 73 of the Town and County Planning Act 1990.’

Local Government Lawyer, 11th December 2024

Source: www.localgovernmentlawyer.co.uk

Birmingham city council agrees deal over equal pay claims – The Guardian

Posted December 11th, 2024 in bankruptcy, employment, equality, local government, news, remuneration, sex discrimination, trade unions, women by sally

‘Birmingham city council has reached an agreement to settle historical equal pay claims that left the authority with liabilities estimated at £760m and pushed it into effective bankruptcy.’

The Guardian, 10th December 2024

Source: www.theguardian.com

How not to determine financial dependency – Pensions Barrister

Posted December 9th, 2024 in bereavement, complaints, divorce, families, local government, news, ombudsmen, pensions by sally

‘Paul Newman KC examines a recent High Court decision on the test for financial dependency in a claim for death benefits under the LGPS.’

Pensions Barrister, 5th December 2024

Source: www.pensionsbarrister.com

‘Busybody’ fines up 42% in 2023 in England and Wales, report shows – The Guardian

Posted December 6th, 2024 in civil justice, consultations, enforcement, fines, government departments, local government, news, statistics by michael

‘On-the-spot penalties issued for offences including swearing, shouting, idling, loitering and begging, known as “busybody” fines, jumped 42% in 2023, according to a new report.’

The Guardian, 6th December 2024

Source: www.theguardian.com

Council decision not to designate illegal landfill ‘contaminated land’ to be challenged in High Court – Local Government Lawyer

Posted December 5th, 2024 in environmental health, environmental protection, health, judicial review, local government, news, pollution, waste by tracey

‘The High Court has agreed to hear a judicial review challenge of Havering Council’s decision not to allocate an illegal landfill behind pollution issues and wildfires as “contaminated land”.

Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Housing case law update: November 2024 – Local Government Lawyer

Posted December 5th, 2024 in anti-social behaviour, homelessness, houses in multiple occupation, housing, local government, news, repossession, sex discrimination by tracey

‘Michael Owen, Sumi Begum and May Atkinson round up the latest cases and court decisions of interest to housing associations and local authorities.’

Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Pitch fee increases and exceptionally high RPI/CPI: The Mobile Homes Act 1983 – Local Government Lawyer

Posted December 5th, 2024 in fees, housing, local government, news by tracey

‘Is an exceptional level of RPI good reason to depart from an increase in pitch fees at that level? Joe Warren examines a recent Upper Tribunal ruling.’

Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Unpublished guidance and housing allocation schemes – Local Government Lawyer

Posted December 4th, 2024 in children, families, housing, judicial review, local government, news by tracey

‘A recent bid for judicial review concerned the inconsistency between a council’s unpublished guidance and its housing allocations scheme. Jeremy Ogilvie-Harris analyses the outcome.’

Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

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