Legal Aid Agency criticised for trying to prosecute major law firm fraud through local authority rather than CPS – Legal Futures

Posted May 8th, 2017 in fraud, legal aid, local government, news, prosecutions by sally

‘The Crown Prosecution Service (CPS) has taken over prosecution of a major legal aid fraud by a law firm after the Court of Appeal criticised the Legal Aid Agency (LAA) for trying to run the case through the fraud department of a local authority instead.’

Full story

Legal Futures, 8th May 2017

Source: www.legalfutures.co.uk

Government rules out appealing air quality plan ruling – Local Government Lawyer

‘The Government has confirmed that it will not appeal last week’s High Court judgment which ordered it to produce its air quality plans by 9 May, it has been reported.’

Full story

Local Government Lawyer, 3rd May 2017

Source: www.localgovernmentlawyer.co.uk

Judge quashes grant of planning permission for residential gypsy site – Local Government Lawyer

Posted May 2nd, 2017 in local government, news, planning, travellers, tribunals, Wales by sally

‘A Deputy High Court judge has quashed a Welsh council’s grant of temporary planning permission for the use of land as a residential gypsy site.’

Full story

Local Government Lawyer, 2nd May 2017

Source: www.localgovernmentlawyer.co.uk

Munby lambasts council over “profoundly concerning” adoption case – Local Government Lawyer

Posted April 28th, 2017 in adoption, judges, local government, news by sally

‘The president of the Family Division, Sir James Munby, has made scathing criticisms of Brighton & Hove City Council’s conduct in a complex adoption case.’

Full story

Local Government Lawyer, 27th April 2017

Source: www.localgovernmentlawyer.co.uk

Councils ‘illegally moving dead bodies to cover up grave blunders’ – Daily Telegraph

Posted April 28th, 2017 in burials and cremation, ecclesiastical law, local government, news by sally

‘Bodies are being illegally shifted by councils to cover up burial errors, a Church of England court has heard.
A judge criticised councils who secretly correct their mistakes by “sliding” bodies across in the ground without lifting them out.’

Full story

Daily Telegraph, 27th April 2017

Source: www.telegraph.co.uk

Council wins right to redact more info from variation agreement to waste contract – Local Government Lawyer

‘A county council has won an appeal to the First-Tier Tribunal over a decision by the Information Commissioner’s Office that it was not entitled to redact certain information in a variation agreement to a waste disposal contract.’

Full story

Local Government Lawyer, 24th April 2017

Source: www.localgovernmentlawyer.co.uk

Fall in decisions for adoption orders halted but local variation remains: report – Local Government Lawyer

Posted April 25th, 2017 in adoption, guardianship, local government, news, placement orders, reports by sally

‘The fall in decisions for adoption and placement orders seems to have halted but this masks a high degree of variation in decision-making at a local and regional level, data collected by the Adoption Leadership Board has suggested.’

Full story

Local Government Lawyer, 24th April 2017

Source: www.localgovernmentlawyer.co.uk

Northern Waters – Nearly Legal

Posted April 25th, 2017 in contracts, housing, local government, news, rent, service charges, water, water companies by sally

‘Rochdale BH is a social housing provider (of what was the council’s housing stock). The issue in this case – heard as a preliminary issue – was whether Rochdale BH was a water reseller under the terms of The Water Resale Order 2006 in that charges for water it made as a part of the rent.’

Full story

Nearly Legal, 23rd April 2017

Source: www.nearlylegal.co.uk

Council hails £222k confiscation order – Law Society’s Gazette

Posted April 24th, 2017 in confiscation, local government, London, news, planning, proceeds of crime by sally

‘Less than a month after local authority lawyers were told to consider the Proceeds of Crime Act (POCA) as a way to generate income, an East London council has announced its biggest court payout to date. The London Borough of Barking & Dagenham said that an east London landlord has been given a £222,000 confiscation order following a POCA application brought by the council before Snaresbrook Crown Court.’

Full story

Law Society’s Gazette, 24th April 2017

Source: www.lawgazette.co.uk

Council fined £1m after disabled man hit by vehicle for collecting branches – Local Government Lawyer

‘Nottinghamshire County Council has been fined £1m after a disabled member of the public was struck by a vehicle used for collecting branches.’

Full story

Local Government Lawyer, 21st April 2017

Source: www.localgovernmentlawyer.co.uk

Judge dismisses challenge after minister rejects recommendation of inspector – Local Government Lawyer

Posted April 20th, 2017 in appeals, housing, local government, news, planning by sally

‘A judge has dismissed all seven grounds on which a developer sought to challenge the Community Secretary’s decision to reject a planning inspector’s recommendation.’

Full story

Local Government Lawyer, 20th April 2017

Source: www.localgovernmentlawyer.co.uk

Water and youth – Nearly Legal

Posted April 18th, 2017 in housing, landlord & tenant, local government, news, rent, water, young persons by sally

‘First, a Southwark rent arrears possession case, demonstrating that the effects of Jones v London Borough of Southwark [2016] EWHC 457 (Ch) (our report) rumble on in Southwark, despite the Council agreeing to repay overcharged water rates for the period 2001-2013 to the tenants. (Our thanks to Serdar Celebi, Cambridge House Law Centre and Tim Baldwin, Garden Court Chambers for the note).’

Full story

Nearly Legal, 16th April 2017

Source: www.nearlylegal.co.uk

Revised ‘section 182’ guidance issued to help curb illegal working at licensed premises – OUT-LAW.com

Posted April 13th, 2017 in employment, immigration, licensing, local government, news by sally

‘The UK government has issued new guidance to help local authorities meet duties to check that people selling alcohol in licensed premises in England and Wales are entitled to work in the country.’

Full story

OUT-LAW.com, 11th April 2017

Source: www.out-law.com

High Court quashes planning permission for five-bed home for third time – Local Government Lawyer

Posted April 12th, 2017 in environmental protection, local government, news, planning by sally

‘Northumberland Council has seen its grant of planning permission for a five-bed home quashed by the High Court for a third time.’

Full story

Local Government Lawyer, 11th April 2017

Source: www.localgovernmentlawyer.co.uk

Tribunal judge overturns listing of allotment site as an asset of community value – OUT-LAW.com

‘A tribunal has overturned the listing of an allotment site in Lancashire as an asset of community value (ACV), on the grounds that nearby housing development makes it “highly unrealistic” that the site will ever be used as allotments again.’

Full story

OUT-LAW.com, 11th April 2017

Source: www.out-law.com

Somebody else’s money – Nearly Legal

‘Ms Oliver was the long leaseholder in a block of flats on the Lansdowne Estate, which was owned by the Council. The Council carried out city wide major works, which included works on the Lansdown Estate. Some of the works were eligible for a contribution from a commercial energy company as part of the Community Energy Savings Programme (“CESP”). In total 15 of the 25 blocks on the Lansdowne Estate were eligible to receive CESP funding. The contribution to Ms Oliver’s block was £43,570.44. The Council decided not to pass the CESP directly to the leaseholders as a set off against their service charge contributions. Rather, the Council decided to attribute the money to the funding of works to its city-wide housing stock. The effect of this was that every leaseholder’s service charge was reduced irrespective of whether their block had been entitled to CESP funding.’

Full story

Nearly Legal, 10th April 2017

Source: www.nearlylegal.co.uk

Shared legal service terminated after requirements of partner councils change – Local Government Lawyer

‘The shared legal service between Spelthorne Borough Council and Reigate & Banstead Borough Council came to an end last month after three years, it has emerged.’

Full story

Local Government Lawyer, 11th April 2017

Source: www.localgovernmentlawyer.co.uk

Community contribution, priority stars and discrimination – Nearly Legal

‘This was a judicial review of Southwark’s allocation policy as it applied to transfers. Specifically, the issue was whether Southwark’s policy, in awarding ‘priority stars’ for ‘community contribution’ discriminated against women and the disabled.’

Full story

Nearly Legal, 9th April 2017

Source: www.nearlylegal.co.uk

New litter strategy could see fly-tippers given community service – The Guardian

‘Fly-tippers could be forced to pick up litter as part of community service, the environment secretary, Andrea Leadsom, has said.’

Full story

The Guardian, 9th April 2017

Source: www.guardian.co.uk

Dove v Havering LBC – Arden Chambers

‘The Court of Appeal has dismissed an appeal against a decision that two joint tenants had lost security of tenure under the Housing Act 1985 because they no longer occupied the property as their only or principal home.’

Full story

Arden Chambers, 16th March 2017

Source: www.ardenchambers.com