Council possession claim rejected after it dismissed long-term homosexual partner of tenant as friend in succession case – Local Government Lawyer

Posted April 12th, 2024 in cohabitation, costs, homosexuality, housing, local government, news, repossession by sally

‘Islington Council has been ordered to pay costs after the dismissal of possession proceedings it brought against a tenant that the council did not consider was in a homosexual relationship with the former tenant, who had passed away.’

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Local Government Lawyer, 11th April 2024

Source: www.localgovernmentlawyer.co.uk

Disabled claimant loses judicial review challenge over alleged inaction by council in addressing noise and smells – Local Government Lawyer

Posted April 11th, 2024 in judicial review, local government, news, noise by sally

‘A woman with a heightened sensitivity or hypersensitivity to noise and to smell has lost a judicial review in the High Court after Mr Justice Murray decided there was nothing more the Royal Borough of Kensington & Chelsea (RBKC) could reasonably have done to relieve the situation.’

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Local Government Lawyer, 10th April 2024

Source: www.localgovernmentlawyer.co.uk

Hull funeral home inquiry: Legal move to close Legacy stalls – BBC News

Posted April 10th, 2024 in burials and cremation, insolvency, local government, news by sally

‘A formal move to dissolve the funeral firm at the centre of a police inquiry could not proceed in court.’

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BBC News, 9th April 2024

Source: www.bbc.co.uk

Special Development Order puts end to council enforcement action against asylum seeker airbase – Local Government Lawyer

Posted April 9th, 2024 in asylum, enforcement notices, housing, local government, news, planning by tracey

‘West Lindsey District Council has withdrawn its enforcement notice at RAF Scampton in light of a Special Development Order (SDO) that has put an end to planning enforcement action relating to the site.’

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Local Government Lawyer, 8th April 2024

Source: www.localgovernmentlawyer.co.uk

High Court finds Westminster housing policy indirectly discriminatory towards women needing to move to escape violence – Local Government Lawyer

‘A claimant has won a judicial review challenge in the High Court over Westminster City Council’s decision to refuse to agree to her request for a “reciprocal transfer” into accommodation in its area.’

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Local Government Lawyer, 9th April 2024

Source: www.localgovernmentlawyer.co.uk

City council wins appeal over offer of accommodation with one bedroom to father of four – Local Government Lawyer

Posted April 9th, 2024 in appeals, families, family courts, housing, local government, news by tracey

‘The Court of Appeal has allowed an appeal by Cambridge City Council over whether it was justified in offering the claimant/respondent accommodation with one bedroom despite him wanting a home large enough for his children to stay overnight when visiting.’

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Local Government Lawyer, 9th April 2024

Source: www.localgovernmentlawyer.co.uk

Making final determinations in the Court of Protection – Local Government Lawyer

‘Clare Middleton analyses a Court of Protection judgment concerning an important decision taken at a procedural hearing.’

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Local Government Lawyer, 5th April 2024

Source: www.localgovernmentlawyer.co.uk

Extended appeals in SEN cases – Local Government Lawyer

‘Leon Glenister analyses a recent judicial review on “extended” appeals in special educational needs.’

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Local Government Lawyer, 5th April 2024

Source: www.localgovernmentlawyer.co.uk

Settling cases and interested parties in judicial review – Local Government Lawyer

Posted April 8th, 2024 in civil procedure rules, judicial review, local government, news by tracey

‘A recent decision of Fordham J highlights some useful practice points about settling judicial review cases, writes Charlotte Tosti.’

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Local Government Lawyer, 5th April 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal sets aside order that was not open to Family Court judge as matter of law – Local Government Lawyer

‘The Court of Appeal has set aside a care order made in respect of a nine-month-old baby, after concluding the judge made an order which was “not open to her in law”.’

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Local Government Lawyer, 2nd April 2024

Source: www.localgovernmentlawyer.co.uk

High Court allows parental order application despite existence of US adoption order – Local Government Lawyer

‘The President of the Family Division has determined the issue of whether or not the commissioning parents of a child born through a surrogacy arrangement in the USA, who had already adopted their child in that country, were nevertheless entitled to have a parental order granted in their favour in England and Wales.’

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Local Government Lawyer, 2nd April 2024

Source: www.localgovernmentlawyer.co.uk

Taxi driver who showed female passenger explicit link loses licensing appeal – Local Government Lawyer

‘A taxi driver who admitted showing a female passenger a weblink to an explicit website has lost an appeal to drive an East Cambridgeshire District Council licensed taxi or private hire vehicle.’

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Local Government Lawyer, 2nd April 2024

Source: www.localgovernmentlawyer.co.uk

This site is not available. Try again later. – Local Government Lawyer

Posted March 28th, 2024 in local government, news, planning by tracey

‘At what point does a site cease to be “available” for the purposes of the sequential test? This was the question considered in a recent case, writes Katie Scuoler.’

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Local Government Lawyer, 28th March 2024

Source: www.localgovernmentlawyer.co.uk

Procurement Act 2023 – Relaxation of section 17 Local Government Act 1988 – Local Government Lawyer

Posted March 28th, 2024 in contracting out, contracts, local government, news, public procurement by tracey

‘Louis Sebastian and Rebecca Rees look at the Government’s plans to relax s17 of the Local Government Act 1988, which prohibits consideration of a wide range of “non-commercial matters” in procurement processes.’

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Local Government Lawyer, 28th March 2024

Source: www.localgovernmentlawyer.co.uk

Claimant fails in judicial review over SEND Review consultation and information on available remedies for tribunal in disability discrimination cases – Local Government Lawyer

‘The High Court has rejected a judicial review challenge brought on behalf of a 12-year-old boy with special educational needs to one of the 22 consultation questions contained in the SEND Review, the Government’s consultation Green Paper.’

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Local Government Lawyer, 26th March 2024

Source: www.localgovernmentlawyer.co.uk

Shedding light on solar farm capacity – Local Government Lawyer

Posted March 25th, 2024 in amendments, energy, judicial review, local government, news, planning by tracey

‘Michele Vas analyses the recent Galloway v Durham County Council case which was principally concerned with the issue of whether the planning permission approved a solar farm with a capacity of 50MW or more.’

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Local Government Lawyer, 22nd March 2024

Source: www.localgovernmentlawyer.co.uk

PHV operators and sub-contracting to ‘out of area’ drivers – Local Government Lawyer

Posted March 25th, 2024 in appeals, licensing, local government, news, taxis by tracey

‘Charles Holland examines a recent ruling where conditions restricting the ability to cross-border subcontract were quashed on appeal.’

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Local Government Lawyer, 22nd March 2024

Source: www.localgovernmentlawyer.co.uk

Solar Farm planning permission quashed on efficiency and land take – 39 Essex Chambers

‘The High Court has quashed the planning permission and a non-material amendment, for a solar farm at Burnhope, County Durham.’

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39 Essex Chambers, 26th February 2024

Source: www.39essex.com

Council decision on needs of teenager quashed in High Court after failure to assess “all relevant considerations” – Local Government Lawyer

‘A High Court judge has quashed a council’s decision in relation to the needs of a teenage boy, after it failed to assess “all relevant considerations” having departed from recommendations by the SEND tribunal.’

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Local Government Lawyer, 20th March 2024

Source: www.localgovernmentlawyer.co.uk

Mandatory Biodiversity Net Gain (BNG) Explained and Critiqued – Francis Taylor Building

‘This article sets out how the new mandatory Biodiversity Net Gain (BNG) requirements are to function, but also the missed opportunities that remain present in the legislation. Three points will be made: that the 10% BNG minimum is poor, that the scheme allows for the undoing of increased biodiversity and that there is potential for developers to bypass the hierarchy.’

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Francis Taylor Building, 29th February 2024

Source: www.ftbchambers.co.uk