Watford landlord fined £30,000 for housing 12 tenants in five-person flat – The Guardian

‘A landlord who made almost £27,000 a year by cramming 12 tenants into a property meant for five – with some sleeping in storerooms – has been fined £30,000 after pleading guilty to overcrowding.’

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The Guardian, 4th November 2015

Source: www.guardian.co.uk

Police chiefs threaten Home Office with legal action over reforms – BBC News

Posted November 3rd, 2015 in budgets, consultations, local government, news, police by sally

‘Six police and crime commissioners have threatened the Home Office with legal action over changes to the way police forces in England and Wales are funded.’

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BBC News, 3rd November 2015

Source: www.bbc.co.uk

Council ordered to pay £40,000 to mother and child over human rights breaches – Local Government Lawyer

Posted October 30th, 2015 in care orders, children, damages, human rights, local government, news by sally

‘A Family Court judge has ordered a local authority to pay £20,000 in damages each to a mother and her seven-year-old daughter for breaches under the Human Rights Act.’

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Local Government Lawyer, 29th October 2015

Source: www.localgovernmentlawyer.co.uk

Professional Negligence: Let the Client Decide what matters – 36 Bedford Row Property Blog

‘The High Court has given a reminder of the important qualification to the general principle that a lawyer, or licensed conveyancer, is not obliged to undertake investigations that are not expressly or impliedly requested by the client. The principle is subject to the qualification that: if in fact a solicitor acquires information that may be of importance to a client; then it is the duty of the solicitor to bring that information to the attention of the client. It is the client who decides whether the information is important; the lawyer should not presume to make that decision. Failing to consider information, to advise the client or even pass on such information to the client can be costly. It is safer to communicate too much rather than too little.’

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36 Bedford Row Property Blog, 27th October 2015

Source: www.36property.co.uk

Colwyn Bay Pier ownership legal challenge fails – BBC News

Posted October 28th, 2015 in appeals, bankruptcy, health & safety, local government, news by sally

‘A businessman has failed in a high court bid to regain ownership of a derelict Colwyn Bay pier.’

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BBC News, 27th October 2015

Source: www.bbc.co.uk

Roseacre Wood fracking row: high court gives go-ahead for judicial review – The Guardian

‘Campaigners in one of the UK’s key fracking battlegrounds have been given the green light to bring a judicial review of Lancashire county council’s decision to allow seismic monitoring equipment at proposed drilling sites.’

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The Guardian, 23rd October 2015

Source: www.guardian.co.uk

Legal threat in Shropshire baby ashes scandal – BBC News

‘Lawyers representing families in the baby ashes scandal have said they are to take legal action against Shropshire Council.’

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BBC News, 26th October 2015

Source: www.bbc.co.uk

Council to consider costs pursuit after judgment issued in libraries dispute – Local Government Lawyer

‘Lincolnshire County Council has said it will consult its lawyers about the recovery of its costs after a High Court judge set out why in July she rejected a legal challenge to the authority’s plans for its libraries services.’

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Local Government Lawyer, 22nd October 2015

Source: www.localgovernmentlawyer.co.uk

Court of Appeal castigates judge’s conclusion on deprivation of liberty – UK Human Rights Blog

‘This was an appeal against a ruling by Mostyn J in the Court of Protection concerning a consent order between an incapacitated woman, the appellant, and the local authority ([2015] EWCOP 13). The judge had held that the 52 year old appellant, who had been severely incapacitated following surgery, had not been subject to deprivation of liberty contrary to Article 5 of the European Convention on Human Rights by her 24 hour care package. In his view, the test for deprivation of liberty in Cheshire West and Chester Council v P [2014] UKSC 19 did not apply. In paragraph 17 of his judgment Mostyn J remarked that it was impossible to see how the protective measures in place for KW could linguistically be characterised as a “deprivation of liberty”. Quoting from JS Mill, he said that the protected person was “merely in a state to require being taken care of by others, [and] must be protected against their own actions as well as external injury”. At para 25, he said that he found that KW was not “in any realistic way being constrained from exercising the freedom to leave, in the required sense, for the essential reason that she does not have the physical or mental ability to exercise that freedom”.’

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UK Human Rights Blog, 21st October 2015

Source: www.ukhumanrightsblog.com

Court of Appeal allows appeal in deprivation of liberty case, criticises judge – Local Government Lawyer

Posted October 22nd, 2015 in appeals, consent orders, human rights, judges, local government, news by sally

‘The Court of Appeal has allowed an appeal in a case over whether a woman was being deprived of her liberty in her own home, and in the process criticised a High Court judge who maintains that the majority decision in the Supreme Court’s Cheshire West ruling is wrong.’

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Local Government Lawyer, 21st October 2015

Source: www.localgovernmentlawyer.co.uk

Criticism of JR process ‘unfounded’, legal charity claims – Law Society’s Gazette

‘Perceptions that judicial review is an ineffective drain on the public purse and frequently abused by claimants are ‘at best misleading and at worst false’, according to a legal charity’s study of 502 cases.’

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Law Society’s Gazette, 19th October 2015

Source: www.lawgazette.co.uk

Austerity and Public Law: Jed Meers: The Localism-and-Austerity Hybrid: The Case of Discretionary Housing Payments – UK Constitutional Law Association

Posted October 21st, 2015 in benefits, bills, budgets, housing, local government, news, rent by sally

‘In 2001, a small scale form of discretionary support was introduced to assist those on housing benefit who were unable to afford their rent: discretionary housing payments (DHPs). The numbers of awards were modest, reaching approximately 2,000 in 2002/3, and representing just £21million of expenditure per annum as recently as 2008/9 (source). This same scheme – administered by Local Authorities – now makes more than 390,000 awards per annum and the July budget of 2015 has allocated £800million for their use across the course of this Parliament.’

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UK Constitutional Law Association, 21st October 2015

Source: www.ukconstitutionallaw.org

High Court judge quashes planning permission over appearance of bias – Local Government Lawyer

Posted October 15th, 2015 in appeals, bias, housing, local government, news, planning by sally

‘A High Court judge has quashed the grant of outline planning permission for a residential development in Wiltshire over the appearance of bias.’
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Local Government Lawyer, 13th October 2015

Source: www.localgovernmentlawyer.co.uk

Trial judge and costs. Ooops – Nearly Legal

‘I’ve heard about a few costs decisions by trial judges recently which might be considered, to put it politely, interesting, or brave, in the Yes Minister sense. So it was with some interest that I read the Court of Appeal decision in Begum v Birmingham City Council [2015] EWCA Civ 386.’

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Nearly Legal, 8th October 2015

Source: www.nearlylegal.co.uk

Court estate consolidation plans based on flawed data – Law Society’s Gazette

Posted October 12th, 2015 in consultations, courts, delay, Law Society, local government, news, solicitors, statistics by sally

‘Lawyers and justice campaigners have raised fresh concerns about the government’s court closure programme, alleging that the proposals are based on out-of-date travel times and other dubious data.’

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Law Society’s Gazette, 12th October 2015

Source: www.lawgazette.co.uk

Charging Ahead under the EIR – Panopticon

‘It is difficult to imagine what could possibly have happened yesterday to cause the CJEU’s judgment in Case C-71/14 East Sussex County Council v Information Commissioner (judgment of 6 October 2015) to slip beneath the waves, but for those who spent the day reading, talking and thinking about Safe Harbo(u)rs (presumably something to do with shipping?) East Sussex represents a comforting return to normality, if not mundanity, where the CJEU is asked straightforward questions and it doesn’t quite answer them.’

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Panopticon, 7th October 2015

Source: www.panopticonblog.com

Planning Policy Under the New Government – a briefing – Six Pump Court

Posted October 6th, 2015 in housing, local government, news, planning by sally

‘At a Westminster Briefing event entitled ‘Planning Policy under the new Government’ on 29th September, William Upton outlined the planning reforms currently underway and the direction of the new government’s planning policy.’

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Six Pump Court, 6th October 2015

Source: www.www.6pumpcourt.co.uk

Government to introduce rules to stop ‘political’ boycotts – BBC News

‘The government is to introduce new rules to stop “politically-motivated” boycotts by local councils.’

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BBC News, 3rd October 2015

Source: www.bbc.co.uk

‘Militant leftwing’ councils to be blocked from boycotting products – The Guardian

Posted October 5th, 2015 in Israel, local government, news, pensions, public procurement, sanctions, weapons by sally

‘Councils and local authorities are to be blocked from boycotting Israeli products or pursuing other foreign policy goals that conflict with the government.’

Full story

The Guardian, 3rd October 2015

Source: www.guardian.co.uk

London borough secures lifting of suspension of award of CCTV contract – Local Government Lawyer

‘A London borough has successfully applied to the High Court to have lifted an automatic suspension under procurement regulations of the award of a contract for a road traffic CCTV system.’
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Local Government Lawyer, 30th September 2015

Source: www.localgovernmentlawyer.co.uk