Magistrates’ court rejects appeal over revocation of private hire licence – Local Government Lawyer

Posted June 14th, 2024 in appeals, licensing, local government, magistrates, news, taxis by sally

‘East Cambridgeshire District Council has successfully defended a driver’s appeal over the revocation of a private hire and hackney carriage licence.’

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Local Government Lawyer, 14th June 2024

Source: www.localgovernmentlawyer.co.uk

Supreme Court to rule next week on environmental impact assessment and downstream greenhouse gas emissions – Local Government Lawyer

‘The Supreme Court will next week (20 June) hand down its ruling in a landmark case about environmental impact assessments and downstream greenhouse gas emissions.’

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Local Government Lawyer, 13th June 2024

Source: www.localgovernmentlawyer.co.uk

Did you miss? Davies v Bridgend County Borough Council [2024] UKSC 15 – Gatehouse Chambers

‘The claim arose from the encroachment of Japanese knotweed from the appellant local authority’s (“LA”) land into the respondent’s garden. The respondent had purchased his property in 2004, after the encroachment of Japanese knotweed had begun. It was held that the LA could not be blamed for the encroachment at this time. An actionable tort of private nuisance however arose in 2013, when the local authority should have become aware of the risk of damage and loss of amenity to the respondent’s land as a result of information about Japanese knotweed which became publicly available at that time. The LA was held liable in private nuisance for having failed to prevent the encroachment between 2013 to 2018 when the LA implemented a reasonable and effective treatment programme.’

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Gatehouse Chambers, 28th May 2024

Source: gatehouselaw.co.uk

One in three parents in care proceedings cases involving babies have learning disabilities or difficulties, researchers find – Local Government Lawyer

‘A study by the Nuffield Family Justice Observatory (NFJO) has found that 34% of parents who are at risk of having their babies removed from their care have learning disabilities or difficulties, which are often not identified until court.’

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Local Government Lawyer, 13th June 2024

Source: www.localgovernmentlawyer.co.uk

Challenge to Birmingham City Council’s policy to charge disabled persons for services at the statutory maximum fails – Landmark Chambers

‘The claimant (C) was a severely disabled young man who had never worked and was never going to. He sought to challenge Birmingham’s policy of recovering the maximum amount of the cost of his care even though a greater proportion of his income was recovered compared to an individual who required care but could work.’

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Landmark Chambers, 10th May 2024

Source: www.landmarkchambers.co.uk

Street trader wins appeal over conviction for trading without a licence – Local Government Lawyer

‘A man who sold goods in the streets of Birmingham did not break the law as he was protected under an 1871 act by being a pedlar, the High Court has found.’

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Local Government Lawyer, 12th June 2024

Source: www.localgovernmentlawyer.co.uk

High Court dismisses challenge over confinement of free school meals in London to state-funded primary schools – Local Government Lawyer

‘The High Court has rejected a legal challenge brought by a group of parents on behalf of their children against a decision by the Mayor of London to extend his Universal Free School Meals scheme for the academic year 2024-2025, but to continue to confine the scheme to state-funded primary schools.’

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Local Government Lawyer, 12th June 2024

Source: www.localgovernmentlawyer.co.uk

Council defends High Court challenge from care home operators – Local Government Lawyer

Posted June 12th, 2024 in care homes, fees, judicial review, local government, news by sally

‘Northumberland County Council has successfully defended a legal challenge brought by an unincorporated association of care home operators regarding the weekly fees paid by the local authority to care home operators.’

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Local Government Lawyer, 11th June 2024

Source: www.localgovernmentlawyer.co.uk

Campaigners issue judicial review challenge over closure of two “vital” children’s centres in Hackney – Local Government Lawyer

Posted June 11th, 2024 in children, consultations, education, judicial review, local government, news by tracey

‘A group of parents have issued a judicial review challenge to the proposed closure of two children’s centres in Hackney, arguing that the council’s consultation process was “unfair and unlawful”.’

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Local Government Lawyer, 10th June 2024

Source: www.localgovernmentlawyer.co.uk

Council asks for permanent injunction to stop protests outside UK oil terminal – The Guardian

‘A council is trying to extend a controversial injunction against “persons unknown” to stop any future protests outside an oil terminal operated by Shell UK.’

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The Guardian, 10th June 2024

Source: www.theguardian.com

Suitability, reports in Family proceedings, and termination of existing accommodation – Nearly Legal

‘Querino v Cambridge City Council (Rev1) (2024) EWCA Civ 314. This was a second appeal to the court of appeal from a s.204 appeal of a decision on suitability of accommodation offered to Mr Querino in discharge of homeless duty.’

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Nearly Legal, 9th June 2024

Source: nearlylegal.co.uk

Homelessness eligibility and the Withdrawal Agreement – two (contradictory) appeals – Nearly Legal

‘C v Oldham Council: Hynek v LB Islington. Central London County Court 24 May 2024. These are two s.204 appeals which address the effect of the Withdrawal Agreement (The Agreement of the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union,) on eligibility for housing assistance/homeless duties.’

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Nearly Legal, 9th June 2024

Source: nearlylegal.co.uk

Parents win fresh hearing of claim of failure to make reasonable adjustments to delivery of curriculum – Local Government Lawyer

‘The First Tier Tribunal “materially erred in law” in its determination of reasonable adjustments claims brought by parents in relation to their daughter.’

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Local Government Lawyer, 7th June 2024

Source: www.localgovernmentlawyer.co.uk

Interim relief in age assessment cases – Local Government Lawyer

‘The Upper Tribunal recently considered the correct approach to interim relief in age assessment cases. Joshua Swirsky analyses the ruling.’

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Local Government Lawyer, 7th June 2024

Source: www.localgovernmentlawyer.co.uk

Judge allows reporting of case where DNA tests established that three abandoned babies were full sibliings – Local Government Lawyer

‘A newborn baby abandoned in Newham, East London, has been found – following DNA testing – to be the third child abandoned by the same parents.’

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Local Government Lawyer, 6th June 2024

Source: www.localgovernmentlawyer.co.uk

Council begins demolition of “man cave” at centre of long-running planning enforcement battle

‘Forest of Dean District Council has started to demolish and remove a 10,000 soft cinema and bowling alley built without permission in a lengthy case that has seen a man jailed.’

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Local Government Lawyer, 6th June 2024

Source: www.localgovernmentlawyer.co.uk

Judge hands down ruling on effect of withdrawal agreement on homeless applicants who are former EU nationals – Local Government Lawyer

Posted June 5th, 2024 in brexit, homelessness, housing, immigration, local government, news by sally

‘A Slovakian national has won a case against the London Borough of Islington over whether his status under agreements between the UK and the European Union entitled him to homelessness support.’

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Local Government Lawyer, 5th June 2024

Source: www.localgovernmentlawyer.co.uk

Defendant jailed over failure to pay £167k fine issued for non-compliance with planning enforcement notice – Local Government Lawyer

‘A woman has been jailed for default of payment of a £167,378 fine issued after she failed to comply with a planning enforcement notice to remove structures she built on green belt land.’

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Local Government Lawyer, 4th June 2024

Source: www.localgovernmentlawyer.co.uk

Charging disabled persons for services – Local Government Lawyer

‘A recent challenge to Birmingham City Council’s policy to charge disabled persons for services at the statutory maximum has failed. Joe Thomas explains why.’

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Local Government Lawyer, 31st May 2024

Source: www.localgovernmentlawyer.co.uk

Council and Official Solicitor fail in appeal over administration of covert medication to young woman – Local Government Lawyer

‘The Court of Appeal has dismissed appeals brought by a local authority and the Official Solicitor challenging final declarations made by a Court of Protection judge that it was in a young woman’s best interests to cease to be given covert medication, and to leave her current placement to return to live with her mother.’

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Local Government Lawyer, 31st May 2024

Source: www.localgovernmentlawyer.co.uk