Torfaen County Borough Council v Douglas Willis Ltd – WLR Daily

Torfaen County Borough Council v Douglas Willis Ltd [2013] UKSC 59; [2013] WLR (D) 321

“For the purposes of a prosecution under regulation 44(1)(d) of the Food Labelling Regulations 1996 (SI 1996/1499) it was sufficient for the prosecutor to prove that a defendant had food in its possession for the purposes of sale which was the subject of a label showing a “use by” date which had passed.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

Sud v Ealing London Borough Council – WLR Daily

Sud v Ealing London Borough Council [2013] EWCA Civ 949; [2013] WLR (D) 320

“Although an award of costs against a paying party in the employment tribunal was an exceptional event, the tribunal should focus principally on the criteria established in rule 40 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004. Where the tribunal concluded that the party’s conduct of the proceedings had been unreasonable it was necessary for the court to identify the particular unreasonable conduct, along with its effect. That was not a process that entailed a detailed or minute assessment, but instead the court should adopt a broad brush approach, against the background of the totality of the relevant circumstances.”

WLR Daily, 30th July 2013

Source: www.iclr.co.uk

Lloyd v Lewisham London Borough Council and another – WLR Daily

Posted August 1st, 2013 in appeals, benefits, housing, law reports, local government, social security by sally

Lloyd v Lewisham London Borough Council and another [2013] EWCA Civ 923; [2013] WLR (D) 317

“Paragraph 14(1)(e) of Schedule 5 to the Housing Benefit Regulations 2006 and paragraph 15(1)(e) of Schedule 4 to the Council Tax Benefit Regulations 2006, both of which set out the items of income to be disregarded when calculating a claimant’s income and capital for the purposes of determining entitlement to the relevant benefit, only excluded sums paid under agreements which were made after the injury occurred, not an income loss award paid exclusively for loss of income pursuant to a pre-injury agreement.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

Wasted costs against local authority in private law proceedings by James Hargan – Sovereign Chambers

“In HB, PB, and OB –v- London Borough of Croydon [2013] EWHC 1956 (Fam) Cobb J had to consider whether or not to make an order that a Local Authority which had been directed to file a section 37 report, and whose failure to do so properly had led to wasted costs, should pay those wasted costs of aborted days of hearing. The power to make such a costs order was in the discretion of the court (Senior Courts Act 1981 s51(1)) and, by reference to FPR 2010 28.1, the court could make such order as it thought just. The Local Authority was sufficiently closed connected with the litigation, and its failings were so serious, as to justify making what the court was urged to regard as an exceptional order.”

Full story

Sovereign Chambers, 19th July 2013

Source: www.sovereignchambers.co.uk

Local authorities and fracking – Hardwicke Chambers

“To its supporters fracking is a revolutionary method of extracting gas and oil which will help drive down fuel prices in the UK, lower CO2 emissions and reduce the country’s dependence on foreign energy supplies. To its opponents it is a dangerous distraction from investment in renewable fuels, which can lead to the escape of carcinogenic chemicals into water supplies and which can cause minor earthquakes.”

Full story

Hardwicke Chambers, 24th July 2013

Source: www.hardwicke.co.uk

The lawlessness of private rent lets us all down – Garden Court Chambers Blog

Posted July 31st, 2013 in bills, landlord & tenant, local government, news, rent by sally

“Liz Davies considers the ways in which landlords have benefited from the credit crisis and explores how tenants could be given increased security through five-year tenancies.”

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Garden Court Chambers Blog, 30th July 2013

Source: www.gclaw.wordpress.com

John Stanton: The General Power of Competence and Reshaping Local Public Service Provision – UK Constitutional Law Group

Posted July 30th, 2013 in budgets, government departments, local government, news by sally

“I wrote back in March about the way in which, despite efforts to decentralise autonomy to the local level and to inspire and empower citizens to get involved in local politics, Central Government seems reluctant to ‘let go’ and to give local authorities a free rein in relation to the exercise of local powers. New neighbourhood planning measures provided suitable example.”

Full story

UK Constitutional Law Group, 27th July 2013

Source: www.ukconstitutionallaw.org

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina (HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same – WLR Daily

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina (HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same [2013] EWCA Civ 920; [2013] WLR (D) 308

“The Government’s proposed strategy for the promotion, construction and operation of a new high speed rail network, as set out in a command paper and followed after consultation by an announcement of decisions and next steps, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) so as to necessitate an environmental assessment within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC).”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

South Lanarkshire Council v Scottish Information Commissioner – WLR Daily

South Lanarkshire Council v Scottish Information Commissioner [2013] UKSC 55; [2013] WLR (D) 307

“Whether processing personal data was ‘necessary’ within the meaning of condition 6 in Schedule 2 to the Data Protection Act 1998 was to be determined as part of the proportionality test established in European Union law so that a measure which interfered with a right protected by such law had to be the least restrictive for the achievement of a legitimate aim.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

South Lanarkshire Council (Appellant) v The Scottish Information Commissioner (Respondent) (Scotland) – Supreme Court

South Lanarkshire Council (Appellant) v The Scottish Information Commissioner (Respondent) (Scotland) [2013] UKSC 55 | UKSC 2012/0126 (YouTube)

Supreme Court, 29th July 2013

Source: www.youtube.com/user/UKSupremeCourt

Council loses Supreme Court appeal over disclosure of equal pay data – Local Government Lawyer

“The Supreme Court has rejected an appeal by a council against disclosure of information on equal pay.”

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Local Government Lawyer, 29th July 2013

Source: www.localgovernmentlawyer.co.uk

Singh v Reading Borough Council – WLR Daily

Singh v Reading Borough Council [2013] EWCA Civ 909; [2013] WLR (D) 306

“An employer’s improper activities in gathering evidence for the purpose of defending a claim of discrimination brought by an employee were not covered by judicial proceedings immunity.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

Regina (Attfield) v Barnet London Borough Council – WLR Daily

Posted July 29th, 2013 in fees, judicial review, law reports, local government, news, parking, road traffic by sally

Regina (Attfield) v Barnet London Borough Council [2013] EWHC 2089 (Admin); [2013] WLR (D) 303

A local authority was not entitled to exercise its powers under section 45 of the Road Traffic Regulation Act 1984 for the purposes of raising surplus revenue to defray other road expenditure and reduce the need to raise income from other sources, such as fines, charges and council tax.

WLR Daily, 22nd July 2013

Source: www.iclr.co.uk

Judicial review process to be made tougher – Daily Telegraph

Posted July 29th, 2013 in delay, immigration, judicial review, local government, news by sally

“The Ministry of Justice is to make it tougher for judicial reviews to be brought to court, following concerns that the procedure is being abused by pressure groups and campaigners.”

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Daily Telegraph, 29th July 2013

Source: www.telegraph.co.uk

Construction industry disputes – Panopticon

“The balance of public interest was ‘very strongly’ in favour of maintaining the confidentiality of documents in order to “protect the course of justice” both in Jackson v Info Commissioner, EA 2012/0263, FTT Decision on 19 July 2013, and in ‘many other such disputes’ said Judge Hughes. The value of the disclosure of the material was limited. The adverse impact of disclosure on dispute resolution was substantial. Judge Hughes concluded: ‘If there were to be change in the arrangements underpinning construction dispute resolution then this should be explored through a careful process of public debate and consultation leading to an amendment of the statutory framework.'”

Full story

Panopticon, 26th July 2013

Source: www.panopticonblog.com

Council fails in Court of Appeal bid to overturn kinship carer fees ruling – Local Government Lawyer

Posted July 25th, 2013 in appeals, equality, families, fostering, local government, news by tracey

“A London borough has failed in a Court of Appeal bid to overturn a ruling that its policy of differential treatment of family foster carers and unrelated foster carers was unlawful.”

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Local Government Lawyer, 25th July 2013

Spurce: www.localgovernmentlawyer.co.uk

HS2 challenge rejected by Court of Appeal – BBC News

Posted July 24th, 2013 in appeals, environmental protection, local government, news, railways by tracey

“The latest legal challenge to the HS2 high-speed rail project has been rejected by the Court of Appeal.”

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BBC News, 24th July 2013

Source: www.bbc.co.uk

Regina (CN) v Lewisham London Borough Council: Regina (ZH) v Newham London Borough Council – WLR Daily

Regina (CN) v Lewisham London Borough Council: Regina (ZH) v Newham London Borough Council: [2013] EWCA Civ 804; [2013] WLR (D) 297

“A housing authority was not required to issue court proceedings before evicting the occupier of accommodation made available on a licence by a housing authority pursuant to its interim duty under sections 188(1) or 190(2)(a) of the Housing Act 1996.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

Refusal of shadow licence for nightclub “unlawful”, says High Court judge – Local Government Lawyer

Posted July 24th, 2013 in licensing, local government, news, statutory interpretation by tracey

“A decision by a council’s licensing services manager to reject an application from a landlord for a ‘shadow’ licence was unlawful, a High Court judge has ruled.”

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Local Government Lawyer, 23rd July 2013

Source: www.localgovernmentlawyer.co.uk

High Court rejects ‘prematurity’ challenge to 800-home Shottery approval – OUT-LAW.com

Posted July 23rd, 2013 in housing, local government, ministers' powers and duties, news, planning by tracey

“A Secretary of State (SoS) decision to grant planning permission for a residential development outside Stratford-upon-Avon did not prejudice the local authority’s emerging local plan, a High Court judge has ruled.”

Full story

OUT-LAW.com, 19th July 2013

Source: www.out-law.com