Supreme Court set to hear latest in series of village green cases – Local Government Lawyer

Posted March 26th, 2014 in appeals, commons, housing, local government, news, Supreme Court by sally

‘The latest in a series of village green cases to reach the Supreme Court will be heard next week by a five-judge panel led by Lord Neuberger.’

Full story

Local Government Lawyer, 25th March 2014

Source: www.localgovernmentlawyer.co.uk

P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor) (Appellants) v Surrey County Council (Respondent) – Supreme Court

P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor) (Appellants) v Surrey County Council (Respondent) [2014] UKSC 19 (YouTube)

Supreme Court, 19th March 2014

Source: www.youtube.com/user/UKSupremeCourt

Surrey County Council v P and others (Equality and Human Rights Commission and others intervening); Cheshire West and Chester Council v P and another (Same intervening) – WLR Daily

Surrey County Council v P and others (Equality and Human Rights Commission and others intervening); Cheshire West and Chester Council v P and another (Same intervening) [2014] UKSC 19; [2014] WLR (D) 140

‘Mentally incapacitated persons had the same rights to liberty as everyone else, and if their living arrangements would amount to a deprivation of liberty of a capacitous person they were also a deprivation of liberty of the incapacitated person, who was therefore entitled to periodic independent checks to ensure that the deprivation of liberty remained justified in his or her best interests.’

WLR Daily, 19th March 2014

Source: www.iclr.co.uk

Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council – WLR Daily

Posted March 20th, 2014 in appeals, law reports, local government, planning by sally

Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council: [2014] EWCA Civ 228;  [2014] WLR (D)  134

‘The power given to a local planning authority by section 61G(5) of the Town and Country Planning Act 1990, as inserted) to determine whether a specified area was “an appropriate area” to be designated as a neighbourhood area necessarily conferred on the authority a broad discretion. The purpose of such designation was to define the area within which a neighbourhood forum (outside the area of a parish council) was authorised to exercise certain planning powers: the making of a neighbourhood plan and/or a neighbourhood development order, so that determining appropriateness might require regard to be had to a wide range of planning considerations.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk

Family Provision of Justices’ Reasons in uncontested Cases – Judiciary of England and Wales

‘Guidance issued jointly by the Justices’ Clerks Society and the Magistrates’ Association with the approval of Mrs Justice Pauffley and the President of the Family Division.’

Full text of guidance

Judiciary of England & Wales, 18th March 2014

Source: www.judiciary.gov.uk

Council told to pay out £8k+ and instruct barrister over race track noise – Local Government Lawyer

Posted March 14th, 2014 in compensation, local government, news, noise, nuisance, sport by sally

‘The Local Government Ombudsman has told a local authority to pay out more than £8,000 after residents of a village suffered excess noise for several years from a motor racing track nearby.’

Full story

Local Governemnt Lawyer, 13th March 2014

Source: www.localgovernmentlawyer.co.uk

Regina (Alansi) v Newham London Borough Council – WLR Daily

Regina (Alansi) v Newham London Borough Council: [2013] EWHC 3722 (Admin);   [2014] WLR (D)  117

‘The court’s approach to the interpretation of statements made by public bodies that were said to give rise to a legitimate expectation required it, inter alia, to ascertain the meaning which the authority’s statements would reasonably convey to the claimant in the light of all the background knowledge which he/she had in the situation in which she was at the time that the statements were made.’

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Mohamoud v Birmingham City Council – WLR Daily

Posted March 12th, 2014 in appeals, homelessness, housing, law reports, local government, statutory duty by sally

Mohamoud v Birmingham City Council: [2014] EWCA Civ 227;   [2014] WLR (D)  119

‘The principle that a person conducting a review of a local housing authority’s decision as to what (if any) duty to provide accommodation it owed under section 193 of the Housing Act 1996 to an applicant could look at new matters to determine whether there was a “deficiency” in the decision for the purposes of regulation 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 was not confined to points which the applicant could not have taken at the outset.’

WLR Daily, 7th March 2014

Source: www.iclr.co.uk

Council fights off High Court bid to derail busking licensing scheme – Local Government Lawyer

Posted March 11th, 2014 in appeals, licensing, local government, London, news, performing arts by sally

‘The London Borough of Camden has successfully fought off a High Court challenge to its proposed regime for the licensing of busking.
Following a two-day hearing last month, Mrs Justice Patterson has now ruled that the introduction of the scheme was lawful.’

Full story

Local Government Lawyer, 11th March 2014

Source: www.localgovernmentlawyer.co.uk

Council entitled to exclude sites from Neighbourhood Plan designation, Court of Appeal rules – OUT-LAW.com

Posted March 11th, 2014 in appeals, local government, news, planning by sally

‘The Court of Appeal has upheld the High Court’s rejection of a judicial review challenge to the decision by Wycombe District Council to designate a smaller area as a Neighbourhood Area than the one applied for.’

Full story

OUT-LAW.com, 10th March 2014

Source: www.out-law.com

The prevention of Social Housing Fraud Act 2013: What will it do? – Hardwicke Chambers

Posted March 10th, 2014 in fraud, housing, landlord & tenant, local government, news by sally

‘This presentation considers the Prevention of Social Housing Fraud Act (―the Act‖), which came into force on 15 October 2013, from a practical perspective. A brief background to the Act will be set out below at paragraphs 3 to 7 along with the intended effects. There will then follow an examination of the provisions of the Act and an evaluation of its likely future impact and use, particularly on and by local authorities and housing associations.’

Full story

Hardwicke Chambers, 28th February 2014

Source: www.hardwicke.co.uk

Regina (Freedman) v Wiltshire Council – WLR Daily

Posted March 6th, 2014 in change of use, law reports, local government, planning by sally

Regina (Freedman) v Wiltshire Council: [2014] EWHC 211 (Admin);   [2014] WLR (D)  109

‘In determining an application for a certificate for lawful use, section 191(4) of the Town and Country Planning Act 1990 entitled a local planning authority, in principle, to substitute a description of a different use from that described in the application form by the certificate had been sought, provided that the authority was satisfied, on a balance of probability, that the evidence demonstrated that the use as substituted had been carried on continuously for a period of ten years or more.’

WLR Daily 6th February 2014

Source: www.iclr.co.uk

Reporting Restrictions and the New Transparency – Part 2 – Family Law Week

‘In the second part of her article reviewing reporting restriction orders and the new transparency Mary Lazarus, barrister of 42 Bedford Row, considers those cases involving aggrieved parties and cases with international implications.’

Full story

Family Law Week, 4th March 2014

Source: www.familylawweek.co.uk

Ex-miner “deprived of his liberty” when prevented from dying at home – Local Government Lawyer

Posted March 4th, 2014 in freedom of movement, health, local government, news, ombudsmen, reports by sally

‘A 77-year-old former miner was deprived of his liberty – without proper account of the law being taken – when he was prevented from going home to die beside his brother, a joint report from two Ombudsmen has found.’

Full story

Local Government Lawyer, 4th March 2014

Source: www.localgovernmentlawyer.co.uk

Council did not have power to ban live animal exports, says judge – Local Government Lawyer

Posted March 4th, 2014 in animals, compensation, local government, news, proportionality by sally

‘A district council faces having to make a significant payout to exporters of live animals after a High Court ruled that the authority did not have power to impose a temporary ban on shipment.’

Full story

Local Government Lawyer, 3rd March 2014

Source: www.localgovernmentlawyer.co.uk

High Court rejects challenge to Berkshire village green decision – OUT-LAW.com

Posted March 3rd, 2014 in commons, judicial review, local government, news, planning by sally

‘An inspector was entitled to find that land subject to an application for registration as a village green had ceased to be used “as of right”, a High Court judge has found.’

Full story

OUT-LAW.com, 28th February 2014

Source: www.out-law.com

Wind farms: ‘Inspector Blight’ criticised by senior judges – Daily Telegraph

‘Paul Griffiths, a planning inspector nicknamed “Inspector Blight” because of the number of wind farms he has approved, is criticised in a Court of Appeal judgement over his interpretation of guidelines’

Full story

Daily Telegraph, 28th February 2014

Source: www.telegraph.co.uk

Supreme Court to hear landmark Hemming case on licensing fees – Local Government Lawyer

Posted February 28th, 2014 in fees, licensing, local government, news, sex establishments, Supreme Court by sally

‘Westminster City Council has been given permission to take to the Supreme Court the landmark Hemming case concerning the setting of licensing and regulatory fees.’

Full story

Local Government Lawyer, 28th February 2014

Source: www.localgovernmentlawyer.co.uk

High-stakes gaming machines: Gamblers to set limits – BBC News

Posted February 28th, 2014 in gambling, local government, news by sally

‘Gamblers in England and Wales will be able to set their own limits on time and money spent on high-stakes gaming machines in betting shops.’

Full story

BBC News, 28th February 2014

Source: www.bbc.co.uk

Education Law for Local Authorities in the Age of Academies – 11 KBW

‘Local authorities no longer run many of our publicly funded schools in England but still have plenty to occupy them in the education field. They have a role in the setting up of new academies. They still run their maintained community schools. In Wales, they remain the Welsh government’s preferred providers of state education. They have intervention powers and can suspend a school’s delegated budget.’

Full story

11 KBW, 24th February 2014

Source: www.11kbw.com