Lake District sewage campaigners launch nuisance complaint in legal first – The Guardian

‘Campaigners fighting to stop sewage discharges into Windermere, the Lake District’s largest lake, have made a statutory nuisance complaint against a water company in the first legal action of its kind.’

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The Guardian, 26th June 2024

Source: www.theguardian.com

Tribunal rejects appeal over refusal by district council to disclose all information requested on Code of Conduct review panel hearing – Local Government Lawyer

‘A man who argued health and safety legislation should “reign supreme” over the Freedom of Information (FOI) Act 2000 in an appeal of South Kesteven District Council’s refusal of an FOI request has had his appeal dismissed by the First Tier Tribunal (FTT).’

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Local Government Lawyer, 24th June 2024

Source: www.localgovernmentlawyer.co.uk

Different treatment for other boroughs – discriminatory policy – Nearly Legal

‘AK, R (On the Application Of) v Westminster City Council (2024) EWHC 769 (Admin). This was a judicial review of Westminster’s Allocation policy as it applied to ‘reciprocal transfers’ between another borough and Westminster.’

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Nearly Legal, 23rd June 2024

Source: nearlylegal.co.uk

Supreme Court decision defines scope of EIA around fossil fuel ’indirect effects’ – OUT-LAW.com

‘When deciding whether to grant planning consent for development, the Environmental Impact Assessment (EIA) should consider the downstream, indirect greenhouse gas emissions effects of the development in some cases, the UK Supreme Court has ruled, demonstrating a significant development for environmental law.’

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OUT-LAW.com, 20th June 2024

Source: www.pinsentmasons.com

The meaning of ‘anti-social behaviour’ – Local Government Lawyer

‘The Court of Appeal has clarified the meaning of “antisocial behaviour” for the purposes of Anti-Social Behaviour, Crime and Policing Act 2014. Sian McGibbon examines the ruling.’

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Local Government Lawyer, 21st June 2024

Source: www.localgovernmentlawyer.co.uk

Double Trouble – Local Government Lawyer

Posted June 21st, 2024 in construction industry, dispute resolution, local government, news by michael

‘In the case of Bellway Homes Ltd v Surgo Construction Ltd [2024] EWHC 10 (TCC), the Court decided that a party can pursue both a smash & grab adjudication and, in the alternative, a true valuation in the same adjudication. The adjudicator will have jurisdiction to consider both arguments if they relate to one dispute i.e. the payment sum.’

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Local Government Lawyer, 21st June 2024

Source: www.localgovernmentlawyer.co.uk

Capacity, sexual relations, silos and public protection – an impossible tangle for the Court of Protection? – Mental Capacity Law and Policy

‘In A Local Authority v ZX [2024] EWCOP 30, HHJ Burrows was confronted, to his considerable (and understandable) disquiet, with the need to determine whether an 18 year old man had capacity to make decisions about engaging in sexual relations with others. His discomfort arose from the fact that the local authority was having to have recourse to the Court of Protection to respond to a situation where the man in question was posing a (largely self-reported, but on the face of it non-trivial) sexual threat to others, but whether neither mental health services nor the criminal justice system could respond.’

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Mental Capacity Law and Policy, 20th June 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Risk-taking, best interests and health and welfare deputies – Mental Capacity Law and Policy

‘AB v CD [2024] EWCOP 32 concerned the best interests of a 27 year old man with a moderate learning disability, and visual and hearing impairments. At heart, it was a dispute between his mother, who had (in her own words) brought him in a “very alternative way”, and the local authority responsible for his care and placement in a supported living placement. His mother, who described how she had moved away from South Yorkshire some years previously, having experienced harassment, wished him to move to south west England to live with her; Sheffield City Council resisted this.’

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Mental Capacity Law and Policy, 20th June 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Landmark ruling could threaten future UK oil drilling – BBC News

Posted June 20th, 2024 in climate change, local government, news, oil wells, planning, Supreme Court by sally

‘The Supreme Court has ruled a local council should have considered the full climate impact of burning oil from new wells – a landmark decision that could put future UK oil and gas projects in question.’

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BBC News, 20th June 2024

Source: www.bbc.co.uk

Judge rejects housing claim brought by refugee against council and Home Secretary – Local Government Lawyer

‘A Sudanese refugee has failed in a High Court case brought against the London Borough of Haringey over whether he should have been found accommodation and against the Home Office over how it gives notice of the cessation of their asylum support.’

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Local Government Lawyer, 19th June 2024

Source: www.localgovernmentlawyer.co.uk

Councillor who sold puppies without licence handed £50k confiscation order – Local Government Lawyer

Posted June 19th, 2024 in animals, confiscation, licensing, local government, news, proceeds of crime by sally

‘A councillor in Gloucester has been ordered to pay £49,823.36 for selling puppies without a licence.’

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Local Government Lawyer, 18th June 2024

Source: www.localgovernmentlawyer.co.uk

Urgent judicial review claim issued over planned closure by council of “vital” mental health services – Local Government Lawyer

Posted June 18th, 2024 in judicial review, local government, mental health, news by sally

‘A group of claimants are challenging Devon County Council’s decision to close the North Devon Link drop-in services, including on the basis that the local authority failed to have regard to mandatory considerations including its duties under the Care Act 2014 and Health and Social Care Act 2012.’

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Local Government Lawyer, 17th June 2024

Source: www.localgovernmentlawyer.co.uk

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