No time to lose: Delay and challenges to public procurement – Hardwicke Chambers

“If you want to challenge a decision to do with public procurement, time is of the essence. The Court of Appeal has reiterated this warning in one of its last decisions of the term: R (Nash) v Barnet LBC [2013] EWCA Civ 1004.”

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Hardwicke Chambers, 8th August 2013

Source: www.hardwicke.co.uk

Bailiffs called in by councils for 1.8m debts, charity warns – BBC News

Posted August 22nd, 2013 in bailiffs, debts, local government, news, repossession by sally

“Local councils have called in bailiffs an ‘excessive’ 1.8m times in the last year to collect debts on their behalf, according to the Money Advice Trust.”

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BBC News, 22nd August 2013

Source: www.bbc.co.uk

Tesco fined over ‘half-price’ strawberries claim – BBC News

Posted August 19th, 2013 in costs, fines, local government, news, unfair commercial practices by sally

“Tesco has been fined £300,000 after admitting it misled customers over whether strawberries on sale were genuinely ‘half price.’ ”

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BBC News, 19th August 2013

Source: www.bbc.co.uk

Better Late than Never? – NearlyLegal

Posted August 19th, 2013 in appeals, homelessness, housing, human rights, local government, news, time limits by sally

Peake v LB Hackney  is another cautionary tale about the importance of lodging statutory homelessness appeals within the 21 day limit.”

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NearlyLegal, 18th August 2013

Source: www.nearlylegal.co.uk/blog/

Children: Private Law update (August 2013) – Family Law Week

“Alex Verdan QC of 4 Paper Buildings considers several recent judgments in Children private law proceedings which provide practitioners with helpful guidance.”

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Family Law Week, 15th August 2013

Source: www.familylawweek.co.uk

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

Regina (Nash) v Barnet London Borough Council [2013] EWCA Civ 1004; [2013] WLR (D) 335

“A local authority’s duty to consult under section 3(2) of the Local Government Act 1999 arose at a formative stage of the relevant process when the authority made arrangements to secure continuous improvement in the way in which its functions were exercised within section 3(1) of the Act. For the purposes of CPR r 54.5, a judicial review claim challenging the authority’s lack of consultation had to be brought within three months of the date when the grounds to make the claim had first arisen. That was the date the defendant authority had taken the decision to enter the procurement process for outsourcing, and since the claim had not been issued until the decision to enter into the contracts had been taken, it was out of time.”

WLR Daily, 2nd August 2013

Source: www.iclr.co.uk

High Court rejects challenge to maximum expenditure policy on adult care – Local Government Lawyer

“A High Court judge has rejected claims that a council unlawfully decided to introduce a ‘maximum expenditure policy’ on funding for adult care packages where people choose to live in the community.”

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Local Government Lawyer, 12th August 2013

Source: www.localgovernmentlawyer.co.uk

London fire cuts: Councils to seek judicial review – BBC News

Posted August 12th, 2013 in budgets, fire services, judicial review, local government, London, news by sally

“A group of London councils is preparing to take legal action over the decision to shut 10 fire stations as part of plans to make £28.8m savings.”

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BBC News, 10th August 2013

Source: www.bbc.co.uk

Court of Appeal backs tenant forced to move out for years of repairs – Local Government Lawyer

Posted August 12th, 2013 in agreements, appeals, housing, landlord & tenant, local government, news, repairs by sally

“A woman who moved out from her flat while a local authority carried out repairs still held her tenancy eight years later, the Court of Appeal has ruled.”

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Local Government Lawyer, 12th August 2013

Source: www.localgovernmentlawyer.co.uk

Surveillance camera code of practice comes into force – BBC News

“A code of practice on the use of surveillance cameras by bodies such as local authorities and police forces has come into effect in England and Wales.”

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BBC News, 12th August 2013

Source: www.bbc.co.uk

Sikh woman asks court not to annul marriage to mentally disabled man – Daily Telegraph

Posted August 7th, 2013 in consent, forced marriages, local government, mental health, news, Sikhism by sally

“A woman who was subjected to an arranged marriage with a man who has severe mental disabilities begged a High Court judge not to annul the union because it would consign her to permanent spinsterhood and ostracism by the Sikh community.”

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Daily Telegraph, 6th August 2013

Source: www.telegraph.co.uk

Regina (Lewisham London Borough Council) v Secretary of State for Health and another; Regina (Save Lewisham Hospital Campaign Ltd) v Same – WLR Daily

Regina (Lewisham London Borough Council) v Secretary of State for Health and another; Regina (Save Lewisham Hospital Campaign Ltd) v Same [2013] EWHC 2329 (Admin); [2013] WLR (D) 331

“The words ‘the trust’ in sections 65F(1), 65I(1) and 65K(1) of the National Health Service Act 2006, as inserted, meant the particular failing trust to which a Trust Special Administrator had been appointed and not any other NHS trust.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

The duty to give former looked after children assistance with education – Education Law Blog

Posted August 5th, 2013 in appeals, children, education, local government, news, statutory duty, universities by sally

“I posted back in February about the High Court’s decision in R (Kebede) v Newcastle City Council [2013] EWHC 355 (Admin) that local authorities have a duty (and not a discretion) to make a grant in relation to educational expenses and that this could include a grant for tuition fees.”

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Education Law Blog, 4th August 2013

Source: www.education11kbw.com

Councils to lose powers over high street planning under government proposal – The Guardian

Posted August 5th, 2013 in housing, local government, news, planning by sally

“Town halls face losing significant powers over the future of their high streets under Whitehall plans to allow shops to be converted into homes without planning permission.”

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The Guardian, 4th August 2013

Source: www.guardian.co.uk

Allotment holders win victory over Eric Pickles’ building plan – The Independent

Posted August 5th, 2013 in judicial review, local government, news, sale of land by sally

“A group of allotment-holders is celebrating victory over Eric Pickles in a long-running battle over the development of a site that has been used for more than a century.”

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The Independent, 2nd August 2013

Source: www.independent.co.uk

Torfaen County Borough Council (Appellant) v Douglas Willis Limited (Respondent) – Supreme Court

Torfaen County Borough Council (Appellant) v Douglas Willis Limited (Respondent) [2013] UKSC 59 | UKSC 2012/0087 (YouTube)

Supreme Court, 31st July 2013

Source: www.youtube.com/user/UKSupremeCourt

Vernon Knight Associates v Cornwall County Council – WLR Daily

Posted August 2nd, 2013 in appeals, law reports, local government, negligence, nuisance, repairs, roads by sally

Vernon Knight Associates v Cornwall County Council [2013] EWCA Civ 950; [2013] WLR (D) 329

“A landowner owed a measured duty in both negligence and nuisance to take reasonable steps to prevent natural occurrences on his land from causing damage to neighbouring properties. In determining the content of that duty, the court had to consider what was fair, just and reasonable as between the neighbouring parties, having regard to all the circumstances including the extent of the foreseeable risk, the available preventive measures, the costs of such measures and the parties’ resources.”

WLR Daily, 30th July 2013

Source: www.iclr.co.uk

Regina (Kebede and another) v Newcastle City Council – WLR Daily

Posted August 1st, 2013 in appeals, children, education, law reports, local government, universities by sally

Regina (Kebede and another) v Newcastle City Council [2013] EWCA Civ 960; [2013] WLR (D) 322

“A local authority had a duty to a former relevant child going on to higher education to make a grant to meet expenses connected with his education, including the major expense of tuition fees.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

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