local government – Page 175 – Current Awareness

Cusack v Harrow London Borough Council – WLR Daily

Posted June 26th, 2013 in human rights, law reports, local government, parking, proportionality, road traffic by sally

Cusack v Harrow London Borough Council [2013] UKSC 40; [2013] WLR (D) 250

“A highway authority had power under section 80 of the Highways Act 1980 to erect barriers so as to prevent vehicular access to a frontager’s forecourt, without paying compensation, in order to safeguard users of the highway and the fact that section 66(2) of the same Act conferred an alternative power to achieve the same object, which was subject to compensation, was immaterial.”

WLR Daily, 19th June 2013

Source: www.iclr.co.uk

A1P1 and property rights in the Supreme Court again – UK Human Rights Blog

Posted June 26th, 2013 in compensation, human rights, local government, news, parking, road traffic, Supreme Court by sally

“This is the tale of how a solicitor from Harrow ended up litigating about his off-street parking in the Supreme Court – and reached for Article 1 of Protocol 1 (A1P1) of ECHR, by way of a second string to his bow. Not his choice, as he had won in the Court of Appeal on other grounds. But his failure on the point reminds us that in the majority of cases A1P1 is a difficult argument to bring home.”

Full story

UK Human Rights Blog, 25th June 2013

Source: www.ukhumanrightsblog.com

There’s no place like home – NearlyLegal

Posted June 24th, 2013 in appeals, housing, jurisdiction, landlord & tenant, local government, news, repossession, time limits by sally

“Reading BC v Holt is an important case on the approach to be taken by the courts when making possession orders under Ground 16 (and since 1/4/12, 15A) of the Housing Act 1985.”

Full story

NearlyLegal, 23rd June 2013

Source: www.nearlylegal.co.uk

Revealed: How UK justice is dispensed out of hours down the phone line – The Independent

Posted June 24th, 2013 in Court of Protection, evidence, inquiries, judgments, judiciary, local government, news, telephone hearings by sally

“The Court of Protection is facing fresh questions about transparency, as The Independent reveals that its judges are making life-or-death decisions over the phone, with incomplete evidence, in proceedings that are not always recorded.”

Full story

The Independent, 24th June 2013

Source: www.independent.co.uk

Newham Council issued illegal parking fines after camera error – BBC News

Posted June 21st, 2013 in evidence, fines, illegality, local government, news, parking by sally

“Parking tickets were illegally issued by a dozen cameras over at least two years, a London council has admitted – but it refuses to refund fined drivers.”

Full story

BBC News, 21st June 2013

Source: www.bbc.co.uk

Supreme Court considers conditions for removing child for adoption – UK Human Rights Blog

Posted June 20th, 2013 in adoption, appeals, local government, news, parental rights, Supreme Court by sally

“This appeal concerned whether a child of two years of age should be permanently removed from her parents and placed for adoption; and, in that regard, whether the child was likely to suffer significant harm: within the meaning of s.31(2)(a) of the Children Act 1989; and a consideration of whether her permanent removal might interfere with the exercise of the right to respect for family life under Article 8 of the ECHR, and, if so, whether the order should be proportionate to its legitimate aim of protecting the child.”

Full story

UK Human Rights Blog, 20th June 2013

Source: www.ukhumanrightsblog.com

Cusack (Respondent) v London Borough of Harrow (Appellant) – Supreme Court

Posted June 20th, 2013 in appeals, compensation, injunctions, law reports, local government, roads, solicitors, Supreme Court by sally

Cusack (Respondent) v London Borough of Harrow (Appellant) [2013] UKSC 40 | UKSC 2012/0006 (YouTube)

Supreme Court, 19th June 2013

Source: www.youtube.com/user/UKSupremeCourt

Watching You, Watching Me: The Admissibility of Covertly Obtained Evidence in Employment Tribunals – No. 5 Chambers

Posted June 18th, 2013 in appeals, employment tribunals, evidence, local government, news by sally

“Should employees – or employers – be able to use secretly taped recordings as evidence when bringing or defending claims in the Employment Tribunal? In the recent case of Vaughan v London Borough of Lewisham & Others [2013] UKEAT 0534_12_0102 the Employment Appeal Tribunal confirmed the long established position that the method in which the evidence has been obtained does not affect its relevance; and relevance is the guiding principle when determining whether evidence is admissible.”

Full story

No. 5 Chambers, 6th June 2013

Source: www.no5.com

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council – WLR Daily

Posted June 18th, 2013 in appeals, commons, human rights, law reports, local government by sally

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council [2013] EWCA Civ 673 ; [2013] WLR (D) 234

“The provision in section 15(4) of the Commons Act 2006, allowing an application for registration of land as a town or village green to be made up to five years after a cessation of qualifying user predating the commencement of section 15, was not incompatible with the landowner’s right to peaceful enjoyment of possessions under article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 14th June 2013

Source: www.iclr.co.uk

Piepenbrock Dienstleistungen GmbH & Co KG v Kreis Düren (Stadt Düren intervening) – WLR Daily

Posted June 18th, 2013 in contracts, EC law, law reports, local government, public procurement by sally

Piepenbrock Dienstleistungen GmbH & Co KG v Kreis Düren (Stadt Düren intervening) (Case C-386/11); [2013] WLR (D) 233

“A contract whereby (without establishing co-operation between the contracting public entities with a view to carrying out a public service task that both of them had to perform)—one public entity had assigned to another the task of cleaning certain public buildings, while reserving a supervisory power, in return for payment for the costs incurred, the second entity being authorised to use the services of third parties which might be capable of competing on the market for the accomplishment of that task—constituted a public service contract within the meaning of article 1(2)(d) of Parliament and Council Directive 2004/18/EC.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

New CCTV Code of Practice: surveillance and the protection of freedoms – Panopticon

Posted June 18th, 2013 in closed circuit television, codes of practice, local government, news, police by sally

“Surveillance of the covert and digital variety has been dominating the news of late. The legal contours of the practices leaked by Edward Snowden (the NSA’s obtaining of internet metadata) and covered by The Guardian (most recently, GCHQ’s monitoring of certain communications of ‘friendly’ foreign allies) may be matters of some debate.”

Full story

Panopticon, 17th June 2013

Source: www.panopticonblog.com

Newham Council loses fight to stop spread of betting shops as court upholds appeal by Paddy Power – The Independent

Posted June 18th, 2013 in appeals, gambling, licensed premises, local government, news by sally

“A council has accused the Gambling Commission of ‘refusing to act as a regulator’ and called for Government action as it loses its battle to curb the spread of betting shops in poorer areas.”

Full story

The Independent, 17th June 2013

Source: www.independent.co.uk

Care Proceedings: the Operation and Effect of Pre-Proceedings – What do lawyers need to know? – Family Law Week

Posted June 14th, 2013 in care orders, case management, children, local government, news, time limits by sally

“Professor Judith Masson, School of Law University of Bristol, and Dr Jonathan Dickens, Centre for Research on Children and Families, University of East Anglia, explain the lessons learned for future practice from research conducted into the use of the pre-proceedings process in care cases.”

Full story

Family Law Week, 13th June 2013

Source: www.familylawweek.com

Reading Borough Council v Holt – WLR Daily

Posted June 13th, 2013 in appeals, housing, landlord & tenant, law reports, local government, repossession by sally

Reading Borough Council v Holt [2013] EWCA Civ 641; [2013] WLR (D) 222

“When determining whether a possession order should be made under section 84 of the Housing Act 1985, the expression ‘suitable accommodation’ in section 84(2)(b) and (c) and Schedule 2 to the Housing Act 1985 was broad enough to encompass accommodation identified by reference to its essential characteristics and did not require the identification of a specific property.”

WLR Daily, 7th June 2013

Source: www.iclr.co.uk

Spying and Surveillance – BBC Unreliable Evidence

Posted June 13th, 2013 in intelligence services, interception, investigatory powers, local government, news, privacy, telecommunications by sally

“Clive Anderson and guests explore the extent to which the law protects our right to privacy in the face of increasing use of covert surveillance by MI5, police, local authorities and other public bodies and commercial organisations.

Clive’s guests, all with wide knowledge of the world of spying and surveillance, warn that the threat to our privacy comes not just from Big Brother, but also from Little Brother and Big Brother PLC. And they argue that the law controlling surveillance is largely inadequate and widely misinterpreted.”

Listen

BBC Unreliable Evidence, 12th June 2013

Source: www.bbc.co.uk

CCTV road fines: Tackling traffic or raising money? – BBC News

Posted June 12th, 2013 in closed circuit television, enforcement, fines, local government, news, road traffic offences by sally

“A growing number of councils want to use CCTV to catch more drivers breaking traffic laws. They say the move will ease congestion but drivers say they are being unfairly penalised to raise money.”

Full story

BBC News, 12th June 2013

Source: www.bbc.co.uk

Devout Christian awarded £100k in Blu-Tack sexual harassment case – Daily Telegraph

Posted June 10th, 2013 in Christianity, employment tribunals, harassment, local government, news, sex discrimination, vicarious liability by sally

“A council has been forced to pay a devout Christian more than £100,000 after colleagues stuck mini models of male genitalia made of Blu-Tack on her telephone.”

Full story

Daily Telegraph, 7th June 2013

Source: www.telegraph.co.uk

Newham council’s decision to block betting shop goes before judge – The Guardian

Posted June 10th, 2013 in gambling, licensing, local government, news by sally

“The proliferation of betting shops in poorer areas has led to increasing crime and underage gambling, fuelled by high-speed, high stakes gambling machines, a court will hear on Monday.”

Full story

The Guardian, 10th June 2013

Source: www.guardian.co.uk