‘Essex County Council has successfully defended a judicial review challenge to the fees it proposed paying to operators of care homes.’
Local Government Lawyer, 7th December 2017
Source: www.localgovernmentlawyer.co.uk
‘A local authority has been fined £100,000 after two of its social workers were assaulted on a home visit by the mother of a vulnerable child they were visiting.’
Local Government Lawyer, December 2017
Source: www.localgovernmentlawyer.co.uk
‘An objection to including land within a neighbourhood plan boundary cannot be taken to judicial review out of time, Kerr J has ruled in the High Court.’
Local Government Lawyer, 4th December 2017
Source: localgovernmentlawyer.co.uk
‘Milton Keynes Council failed to properly consider an application for help with housing by a family without recourse to public funds.’
Local Government Lawyer, 4th December 2017
Source: localgovernmentlawyer.co.uk
‘A county council has successfully defended a judicial review challenge to a committee decision authorising the making of a statutory order which, subject to confirmation, would add at least 34 footpaths and a bridleway to the definitive map and statement for the area.’
Local Government Lawyer, 1st December 2017
Source: www.localgovernmentlawyer.co.uk
‘Under section 20B(1) Landlord and Tenant Act 1985, a service charge must be demanded of the tenant within 18 months of the relevant cost having been incurred by the landlord. But what happens when there is a head landlord demanding a charge from an intermediate landlord who, in turn, passes the cost on to their lessees? When does the 18 months run from?’
Nearly Legal, 1st December 2017
Source: nearlylegal.co.uk
‘A High Court ruling that quashed Charnwood Borough Council’s new housing mix policy may have reduced the scope for authorities to produce supplementary planning documents, the council has claimed.’
Local Government Lawyer, 30th November 2017
Source: localgovernmentlawyer.co.uk
‘Maidstone Borough Council should pay compensation to a homeless family of £4,170 after it accepted their forcible eviction at short notice from temporary accommodation, the Local Government and Social Care Ombudsman has said.’
Local Government Lawyer, 29th November 2017
Source: www.localgovernmentlawyer.co.uk
‘The High Court has just ruled that the public should be reconsulted on a planning application which has been amended. Failure to do so may be procedurally unfair and therefore unlawful.’
UK Human Rights Blog, 28th November 2017
Source: ukhumanrightsblog.com
‘The High Court has rejected a London borough’s bid to set off the pension benefits of a former senior finance officer who defrauded the council.’
Local Government Lawyer, 24th November 2017
Source: www.localgovernmentlawyer.co.uk
‘Tendring District Council has won its first ever judicial review challenge over a decision of a planning inspector.’
Local Government Lawyer, November 2017
Source: www.localgovernmentlawyer.co.uk
‘In November 2010 the appellant, Mr Doka, was evicted from his home at Laburnam Close in South East London on the basis of rent arrears. His former employer, Mr Theobald, subsequently allowed him to stay in his home in Dartford. The arrangement was initially meant to be a temporary one. But after a few weeks the arrangement was put on a more stable footing, with Mr Theobald agreeing to provide what he described as ‘full-time accommodation’, allowing Mr Doka to sleep in his son’s bedroom (while his son was away at University) for £500 a month. Mr Theobald told Mr Doka that he could live there for two-three years, while his son finished at University, though Mr Doka would be required to stay with friend’s on occasion if Mr Theobald’s son returned and needed the use of the room.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
‘In determining whether to impose vicarious liability the court has to consider what sort of relationship has to exist between an individual and a defendant before the defendant can be made vicariously liable in tort for the conduct of that individual? (The first requirement) A classic example of a relationship which gives rise to vicarious liability is that of employer and employee.’
Park Square Barristers, 9th November 2017
Source: www.parksquarebarristers.co.uk
‘At [53] of Hotak v Southwark LBC [2015] UKSC 30, [2016] AC 811, Lord Neuberger explained that whether or not a homeless applicant was ‘vulnerable’ within the meaning of s189(1)(c) Housing Act 1996 required consideration of whether he or she would be ‘significantly more vulnerable than ordinarily vulnerable’ as a result of being rendered homeless. In the conjoined appeals of Panayiotou and Smith, the Court of Appeal considered the meaning of the word ‘significantly’ in this context as well as a number of issues relating to the contracting out of homelessness decision making in instances where the public sector equality duty under s149 Equality Act 2010 is engaged.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
‘Harris v London Borough of Hounslow [2017] EWCA Civ 1476 is a warning to all secure tenants that face eviction under the new absolute grounds for possession: you must comply with the 7-day statutory time limit to request a review even, it seems, if you can’t.’
The 36 Group, 23rd October 2017
Source: 36group.co.uk
‘This case concerned care costs for residential care homes and Local authorities’ powers and duties. In summary the Court of Appeal held by a majority that there was nothing in the applicable guidance that precluded a local authority from taking account of certain revenue streams (namely private fees, top-up payments and support from the NHS) when making the evaluative judgment of what it would expect to pay for residential care for the elderly.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
‘The Court of Appeal determined that a person discharged from liability to be detained under s 3 Mental Health Act 1983 (MHA 1983) but who still required “after-care services” pursuant to s 117 of the Act was entitled to have his local authority provide such services under s 117 at any time before he had exhausted sums awarded to him in respect of costs of care for the injury he suffered.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
‘Mr Harris, the appellant, was the secure tenant of Hounslow London Borough Council, the respondent. On 17 November 2015, the police obtained a closure order, under the Anti-Social Behaviour Crime and Policing Act 2014 (ASBCPA 2014), in respect of the property where he lived, following complaints of noise nuisance and visitors loitering, smoking, drinking and using drugs in the stairwell.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
‘An attempt by a former councillor to have Thanet District Council disclose legal advice obtained from law firm Trowers & Hamlins in relation to the operator chosen for the Dreamland Amusement Park has failed.’
Local Government Lawyer, 22nd November 2017
Source: www.localgovernmentlawyer.co.uk
‘The ‘Hillsborough Law‘ was first suggested after families of the 96 victims of the disaster were forced at recent inquests to defend themselves against allegations that fans had had too much to drink.’
RightsInfo, 22md November 2017
Source: rightsinfo.org
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