Court of Appeal hands down ruling on restrictions on use of section 73 TCPA – Local Government Lawyer

Posted December 12th, 2024 in energy, local government, news, planning by sally

‘Test Valley Borough Council has lost a case in the Court of Appeal over the use of section 73 of the Town and County Planning Act 1990.’

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Local Government Lawyer, 11th December 2024

Source: www.localgovernmentlawyer.co.uk

Birmingham city council agrees deal over equal pay claims – The Guardian

‘Birmingham city council has reached an agreement to settle historical equal pay claims that left the authority with liabilities estimated at £760m and pushed it into effective bankruptcy.’

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The Guardian, 10th December 2024

Source: www.theguardian.com

How not to determine financial dependency – Pensions Barrister

Posted December 9th, 2024 in bereavement, complaints, divorce, families, local government, news, ombudsmen, pensions by sally

‘Paul Newman KC examines a recent High Court decision on the test for financial dependency in a claim for death benefits under the LGPS.’

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Pensions Barrister, 5th December 2024

Source: www.pensionsbarrister.com

‘Busybody’ fines up 42% in 2023 in England and Wales, report shows – The Guardian

‘On-the-spot penalties issued for offences including swearing, shouting, idling, loitering and begging, known as “busybody” fines, jumped 42% in 2023, according to a new report.’

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The Guardian, 6th December 2024

Source: www.theguardian.com

Council decision not to designate illegal landfill ‘contaminated land’ to be challenged in High Court – Local Government Lawyer

‘The High Court has agreed to hear a judicial review challenge of Havering Council’s decision not to allocate an illegal landfill behind pollution issues and wildfires as “contaminated land”.

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Housing case law update: November 2024 – Local Government Lawyer

‘Michael Owen, Sumi Begum and May Atkinson round up the latest cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Pitch fee increases and exceptionally high RPI/CPI: The Mobile Homes Act 1983 – Local Government Lawyer

Posted December 5th, 2024 in fees, housing, local government, news by tracey

‘Is an exceptional level of RPI good reason to depart from an increase in pitch fees at that level? Joe Warren examines a recent Upper Tribunal ruling.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Positive requirements in ASB injunctions – Local Government Lawyer

Posted December 4th, 2024 in anti-social behaviour, appeals, injunctions, local government, news by tracey

‘Daryl Bigwood looks at the lessons from a successful appeal over a judge’s refusal to include a positive requirement in an ASB injunction.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Unpublished guidance and housing allocation schemes – Local Government Lawyer

Posted December 4th, 2024 in children, families, housing, judicial review, local government, news by tracey

‘A recent bid for judicial review concerned the inconsistency between a council’s unpublished guidance and its housing allocations scheme. Jeremy Ogilvie-Harris analyses the outcome.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Legal fight against homes between protected commons – BBC News

Posted December 4th, 2024 in commons, environmental protection, housing, local government, news, planning by tracey

‘A group of people have launched a legal challenge against plans to build homes on land between two protected commons.’

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BBC News, 4th December 2024

Source: www.bbc.co.uk

Bitcoin miner sues over £600m ‘lost in tip’ – BBC News

Posted December 4th, 2024 in compensation, cryptocurrencies, local government, news, waste by tracey

‘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.’

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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

Posted December 3rd, 2024 in asylum, benefits, children, housing, judicial review, local government, news, young persons by tracey

‘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.’

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Local Government Lawyer, 2nd December 2024

Source: www.localgovernmentlawyer.co.uk

Perception of harm as a material planning consideration – Local Government Lawyer

Posted December 2nd, 2024 in environmental protection, local government, news, planning by tracey

‘The perception of harm has an important role to play as part of the consideration of a planning application, writes Anne Gerzon.’

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Local Government Lawyer, 29th November 2024

Source: www.localgovernmentlawyer.co.uk

Defending cycling pothole claims – Local Government Lawyer

Posted December 2nd, 2024 in bicycles, local government, news, personal injuries, roads by tracey

‘A recent High Court ruling could help with the defence of cycling pothole claims, writes John Goodman.’

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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

Posted November 29th, 2024 in complaints, enforcement, environmental health, local government, news, waste by michael

‘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.’

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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.’

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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.’

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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

Posted November 26th, 2024 in asylum, children, judicial review, local government, news, young persons by tracey

‘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.’

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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.’

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Nearly Legal, 24th November 2024

Source: nearlylegal.co.uk

When AI meets planning – Local Government Lawyer

Posted November 25th, 2024 in artificial intelligence, local government, news, planning by tracey

‘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.’

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Local Government Lawyer, 22nd November 2024

Source: www.localgovernmentlawyer.co.uk