‘A judicial review into Sadiq Khan’s plans to expand London’s Ultra-Low Emission Zone (ULEZ) is due to get under way at the High Court.’
BBC News, 4th July 2023
Source: www.bbc.co.uk
‘In a recent case the Court of Appeal has held that when a First-tier Tribunal (Property Chamber) (“the FTT”) hears an appeal against a decision under the Housing Act 2004 as a “rehearing”, the FTT must consider whether the authority’s decision was wrong by reference to facts that existed at the time of its decision, and must also give sufficient deference to the authority’s original decision. Simon Kiely and Francesca Gallagher analyse the ruling.’
Local Government Lawyer, 30th June 2023
Source: www.localgovernmentlawyer.co.uk
‘Simon Kiely and Francesca Gallagher examine useful Upper Tribunal guidance on the approach the First-Tier Tribunal should adopt when considering the level of civil penalties on appeal.’
Local Government Lawyer, 30th June 2023
Source: www.localgovernmentlawyer.co.uk
‘The Levelling-Up and Regeneration Bill (“LURB”), currently before the House of Lords, aims to facilitate the government’s levelling-up agenda, which was set out in the ‘Levelling-Up the United Kingdom’ White Paper in 2022. At 222 clauses and 18 schedules, full consideration of the Bill (as amended in Committee, 24th May 2023) would require more than a blog post, but its legislative aims can be somewhat succinctly expressed. The Bill proposes a scheme of local government and planning reforms, each aimed at promoting regional growth and “levelling-up”. Part I sets out the scope of levelling-up, detailing the obligations of the government in determining a levelling-up agenda. Part II then proposes a series of reforms to local democracy, devolving governance powers further to county councils, and giving them greater control to determine regional projects. The theme of project infrastructure continues, with Parts III-V and VIII-IX of the Bill reforming planning law and establishing different support mechanisms for development, including an infrastructure levy and providing for development corporations. Alongside the planning provisions, Parts VI-VII reform Environmental Impact Assessments and Nutrient Pollution Standards, establishing a new framework for these environmental tests.’
UK Constitutional Law Association, 28th June 2023
Source: ukconstitutionallaw.org
‘Karen Morean and William O’Brien outline how creditor local authorities can challenge a company voluntary arrangement.’
Local Government Lawyer, 30th June 2023
Source: www.localgovernmentlawyer.co.uk
‘North Lincolnshire Council recently successfully defended a personal injury claim brought by a claimant who slipped at a pay and display car park the local authority owned but had demised. Toby Coupe explains how.’
Local Government Lawyer, 30th June 2023
Source: www.localgovernmentlawyer.co.uk
‘A judicial review of plans to build a sewage pumping station in a popular park has begun.’
BBC News, 29th June 2023
Source: www.bbc.co.uk
‘Nick McQueen and Inam Hasan highlight important lessons to learn from a recent Court of Appeal case in the construction sector on the enforceability and effect of dispute escalation clauses.’
Local Government Lawyer, 23rd June 2023
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court has granted permission to appeal the decision in Davies v Bridgend County Borough Council [2023] EWCA Civ 80, which overturned lower court rulings that found diminution in value in Japanese knotweed cases was irrecoverable economic loss and ordered the council to pay damages to a property owner.’
Local Government Lawyer, 23rd June 2023
Source: www.localgovernmentlawyer.co.uk
‘Nick McQueen and Inam Hasan highlight important lessons to learn from a recent Court of Appeal case in the construction sector on the enforceability and effect of dispute escalation clauses.’
Local Government Lawyer, 23rd June 2023
Source: www.localgovernmentlawyer.co.uk
‘Simon Ricketts examines who needs to be a party to a section 106 agreement in light of a recent High Court ruling.’
Local Government Lawyer, 23rd June 2023
Source: www.localgovernmentlawyer.co.uk
‘Would-be challengers and defending contracting authorities need to be aware of a number of unique timing factors, and the notoriously short timeframes, for the initial stages of procurement challenges. The Altiatech judgment usefully examines some of the key risk areas, write Zachary Bourne, Lloyd Nail and Ian Tucker.’
Local Government Lawyer, 23rd June 2023
Source: www.localgovernmentlawyer.co.uk
‘Kuljit Bhogal KC analyses an important recent High Court ruling on closure orders.’
Local Government Lawyer, 23rd June 2023
Source: www.localgovernmentlawyer.co.uk
‘The Royal Borough of Windsor & Maidenhead has lost a High Court case over whether a 25-year-old man with autism can count his social and life skills activities as disability related expenditure (DRE).’
Local Government Lawyer, 22nd June 2023
Source: www.localgovernmentlawyer.co.uk
‘Ms UO and her 3 children, aged 11, 5 and 3, were homeless and had applied to LB Redbridge. The family had NASS accommodation in the Tottenham area since 2021, after NASS accommodation in Croydon and West Ham from 2019. Ms UO’s elder children were enrolled in school in Tottenham and the youngest in the nursery attached to the school. MS UO had connections in Redbridge herself. Following Ms UO’s grant of asylum in 2022, the NASS accommodation ceased. She applied to Redbridge. The application stressed how important the children’s school was to them. She then did not hear anything from Redbridge until the day before her eviction from the NASS accommodation.’
Nearly Legal, 18th June 2023
Source: nearlylegal.co.uk
‘A recent High Court ruling shows that equalities duties must be treated differently, writes Roderick Morton.’
Local Government Lawyer, 16th June 2023
Source: www.localgovernmentlawyer.co.uk
‘Reports of “s144 notices” being issued at local authorities are becoming increasingly common. But what are they and what should the monitoring officer do if a s114 report is being made at their authority? Paul Turner explains.’
Local Government Lawyer, 16th June 2023
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has allowed a homeless single mother’s claim for judicial review against the London Borough of Redbridge on all four grounds.’
Local Government Lawyer, 14th June 2023
Source: www.localgovernmentlawyer.co.uk
‘The London Borough of Harrow left a family in unsuitable temporary accommodation, which “did not meet the needs of the claimant’s severely disabled daughter”, for almost a year, a court has found.’
Local Government Lawyer, 14th June 2023
Source: www.localgovernmentlawyer.co.uk
‘The recent judgment Re Streatham Cemetery [2023] ECC Swk 3 concerns cemetery development. Opened more than one hundred years ago, there is now very little room in Streatham Cemetery for further burials. A Petition by the Bereavement Services Manager of Lambeth LBC[1] sought permission to re-use land within two areas of the cemetery through the operation of “lifting and deepening” of existing interments, thereby creating new burial space. The observations of Petchey Ch., (above and at [16]), indicate some of the issues to be addressed on the growing shortage of burial space.’
Law & Religion UK, 14th June 2023
Source: lawandreligionuk.com
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