Legal fight against homes between protected commons – BBC News
‘A group of people have launched a legal challenge against plans to build homes on land between two protected commons.’
BBC News, 4th December 2024
Source: www.bbc.co.uk
Category: local government
Bitcoin miner sues over £600m ‘lost in tip’ – BBC News
‘A man trying to recover a Bitcoin hard drive in a landfill site which he says is now worth about £600m is “seeking to bribe the council”, it has been claimed in court. Newport council has asked a High Court judge to strike out a claim by James Howells, who is attempting to sue the local authority to gain access to the site or get £495m in compensation.’
BBC News, 3rd December 2024
Source: www.bbc.co.uk
Judge refuses permission for judicial review of age assessment, finding it was carried out in accordance with Welsh Government toolkit – Local Government Lawyer
‘The High Court has refused permission to challenge by way of judicial review an age assessment carried out by social workers employed by a Welsh council, which concluded that the claimant was an adult.’
Local Government Lawyer, 2nd December 2024
Source: www.localgovernmentlawyer.co.uk
Perception of harm as a material planning consideration – Local Government Lawyer
‘The perception of harm has an important role to play as part of the consideration of a planning application, writes Anne Gerzon.’
Local Government Lawyer, 29th November 2024
Source: www.localgovernmentlawyer.co.uk
Defending cycling pothole claims – Local Government Lawyer
‘A recent High Court ruling could help with the defence of cycling pothole claims, writes John Goodman.’
Local Government Lawyer, 29th November 2024
Source: www.localgovernmentlawyer.co.uk
Environment Agency issues closure notice for landfill at heart of long-running odours dispute – Local Government Lawyer
‘A landfill site that is the subject of a legal challenge from Newcastle Under Lyme Council for emitting odorous gasses has been hit with a closure order from the Environment Agency.’
Local Government Lawyer, 29th November 2024
Source: www.localgovernmentlawyer.co.uk
Appeal judge orders re-hearing of employment claim against council where most of written reasons of tribunal were copied from evidence or submissions of local authority – Local Government Lawyer
‘The Employment Appeal Tribunal has ordered a re-hearing of claims by an ex-employee against a local authority, after finding that most of the Employment Tribunal’s written reasons were copied from the council’s witness evidence or written submissions.’
Local Government Lawyer, 26th November 2024
Source: www.localgovernmentlawyer.co.uk
Judge rejects application by local authority for declaration in dispute between council and health board over responsibility for care of 15 year old – Local Government Lawyer
‘A High Court judge has rejected a local authority’s application for a declaration from the court that because a vulnerable young person was detainable under the provisions of the Mental Health Act 1983, the court did not have jurisdiction to grant a Deprivation of Liberty (DoL) order pursuant to the inherent jurisdiction.’
Local Government Lawyer, 25th November 2024
Source: www.localgovernmentlawyer.co.uk
Asylum seeker granted permission to apply for judicial review of age assessment – Local Government Lawyer
‘A High Court judge has given an Eritrean asylum seeker permission to seek judicial review of an age assessment carried out by Warrington Borough Council, and ordered the local authority to provide her with appropriate support on an interim basis.’
Local Government Lawyer, 25th November 2024
Source: www.localgovernmentlawyer.co.uk
Lateness – excusable and otherwise – Nearly Legal
‘Idara v Southwark LBC (2024) EWHC (KB) (unreported as yet). This was an appeal to the High Court of the County Court’s refusal to give permission for an out of time section 204 appeal. Southwark had found on review that a property offered to Ms Idara was suitable and so her refusal of the property discharged Southwark’s housing duty.’
Nearly Legal, 24th November 2024
Source: nearlylegal.co.uk
When AI meets planning – Local Government Lawyer
‘Roy Pinnock and Maria Polycarpou look at the need to strike a balance between efficiency and clarity when it comes to the use of AI in the field of planning.’
Local Government Lawyer, 22nd November 2024
Source: www.localgovernmentlawyer.co.uk
World Heritage Sites – the Stonehenge judgment – Local Government Lawyer
‘Simon Barnes highlights the key aspects which are relevant to local government from the recent Court of Appeal judgment dismissing a challenge to a development consent order affecting Stonehenge.’
Local Government Lawyer, 22nd November 2024
Source: www.localgovernmentlawyer.co.uk
Cheshire West revisited: deprivation of liberty and children – UK Human Rights Blog
‘Ten years on from Cheshire West [2014] UKSC 19 (covered on this blog at the time), the seminal decision on deprivation of liberty by the Supreme Court, the Family Court faces an ever-increasing number of applications for deprivation of liberty orders for children. Two recent decisions from Mrs Justice Lieven, Peterborough City Council v SM [2024] EWHC 493 (Fam) and Re J [2024] EWHC 1690 (Fam), could curb this trend. But while these decisions emanate from the Family Court, their reasoning may be of broader interest and could prompt wider questions about Article 5 ECHR and what constitutes a deprivation of liberty.’
UK Human Rights Blog, 22nd November 2024
Source: ukhumanrightsblog.com
Injuries and Part 25 experts – Local Government Lawyer
‘Matthew Timm analyses a Family Court ruling that a local authority had failed to discharge the burden of proof in asserting that injuries to a child when he was eight months old were inflicted by one or other of his parents.’
Local Government Lawyer, 20th November 2024
Source: www.localgovernmentlawyer.co.uk
Children case law update: November 2024 – Local Government Lawyer
‘Sarah Hutchinson summarises recent Family Division rulings on an application by a father for a boy subject to a care order to be circumcised, and an application by an NHS for permission for NG feeding and restraint in respect of a 12-year old girl with anorexia nervosa.’
Local Government Lawyer, 20th November 2024
Source: www.localgovernmentlawyer.co.uk
Capacity and civil proceedings – Local Government Lawyer
‘Holly Tibbits examines new recommendations from a working group of the Civil Justice Council on determining capacity to litigate in civil proceedings.’
Local Government Lawyer, 20th November 2024
Source: www.localgovernmentlawyer.co.uk
High Court refuses permission for judicial review over policy of Welsh council on second homes and short term lets – Local Government Lawyer
‘An application for judicial review of Gwynedd Council’s implementation of new rules aimed at curbing second homes and short-term holiday lets has been dismissed by a High Court judge.’
Local Government Lawyer, 18th November 2024
Source: www.localgovernmentlawyer.co.uk
Criminalising thought crime? – Local Government Lawyer
‘Kuljit Bhogal KC and Sarah Salmon explain why a defendant was recently convicted of breaching a PSPO near an abortion clinic.’
Local Government Lawyer, 15th November 2024
Source: www.localgovernmentlawyer.co.uk
Lessons from Lieven J – Local Government Lawyer
‘Holly Hilbourne-Gollop looks at a High Court judge’s realistic approach to obtaining evidence from children.’
Local Government Lawyer, 15th November 2024
Source: www.localgovernmentlawyer.co.uk
Girl and mum awarded £14k over education failures – BBC News
‘A council that did not provide a girl who has special educational needs with suitable schooling for two years will pay her and her mother £14,300 in compensation.’
BBC News, 18th November 2024
Source: www.bbc.co.uk
