World Heritage Sites – the Stonehenge judgment – Local Government Lawyer

Posted November 25th, 2024 in appeals, local government, monuments, news, planning, roads by tracey

‘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.’

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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.’

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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.’

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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.’

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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.’

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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

Posted November 19th, 2024 in holidays, housing, judicial review, local government, news, Wales by tracey

‘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.’

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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.’

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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.’

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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.’

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BBC News, 18th November 2024

Source: www.bbc.co.uk

Campaigners eye second legal challenge over traffic regulation order – Local Government Lawyer

Posted November 15th, 2024 in local government, news, roads by sally

‘Work is progressing on a bus gate project in Cambridge despite campaign group Friends of Mill Road Bridge 2 threatening further legal action over what it said was a decision taken for an improper financial motive.’

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Local Government Lawyer, 13th November 2024

Source: www.localgovernmentlawyer.co.uk

Case Law on Covert Recordings – Becket Chambers

‘Covert recordings are any recording made without the express knowledge and permission of the person recorded, whether by audio or video: Family Justice Council.’

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Becket Chambers, 31st October 2024

Source: becket-chambers.co.uk

Orders protecting against risk of FGM should be “focused, targeted and proportionate” to specific risks established, says High Court judge – Local Government Lawyer

Posted November 12th, 2024 in families, female genital mutilation, local government, news, proportionality by tracey

‘The High Court has discharged a Prohibited Steps Order (PSO) made to protect a now teenage girl against the risks of Female Genital Mutilation (FGM), after finding “no evidence” of an ongoing risk of FGM to the girl, and finding that the order continued to have a “profound impact on her competing rights and freedoms”.’

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Local Government Lawyer, 11th November 2024

Source: www.localgovernmentlawyer.co.uk

Council prosecutes pair after finding licensed taxi business used unlicensed taxi driver – Local Government Lawyer

Posted November 12th, 2024 in licensing, local government, news, prosecutions, taxis by tracey

‘Two men have been prosecuted by Lichfield District Council after licensing officers caught a licensed taxi company handing business to a driver without a taxi licence.’

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Local Government Lawyer, 11th November 2024

Source: www.localgovernmentlawyer.co.uk

Council worker who objected to pronouns policy ordered to pay £12k in costs after losing employment tribunal – Local Government Lawyer

‘A council worker who protested against his local authority employer’s pronouns policy has been ordered to pay £12,000 in costs after his claim of unfair dismissal was dismissed in the Employment Tribunal.’

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Local Government Lawyer, 8th November 2024

Source: www.localgovernmentlawyer.co.uk

Hopeless but not the same? – Local Government Lawyer

Posted November 11th, 2024 in housing, judicial review, local government, news, planning by tracey

‘The High Court recently considered the scope of s70A Town and Country Planning Act 1990. Arevik Jackson looks at the lessons from the judgment.’

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Local Government Lawyer, 8th November 2024

Source: www.localgovernmentlawyer.co.uk

Delivery drivers and supply in the provision of late night refreshment – Local Government Lawyer

Posted November 11th, 2024 in food, licensing, local government, news by tracey

‘In a recent ruling a district judge has provided helpful clarity on the role of third party delivery drivers and the question of supply in the provision of late night refreshment under the Licensing Act 2003. Leo Charalambides and James Rankin examine the ruling.’

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Local Government Lawyer, 8th November 2024

Source: www.localgovernmentlawyer.co.uk

Law firm not negligent in advice to settle £2m claims – Legal Futures

‘A law firm was not negligent in advice to settle £2m of claims brought by a businessman’s trustee in bankruptcy against his wife and daughter, the High Court has ruled.’

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Legal Futures, 11th November 2024

Source: www.legalfutures.co.uk

Children taken away from parents due to misreporting of drug tests, say experts – The Guardian

‘Children are at risk of being wrongly removed from their parents’ care by the family courts because drug tests are being misinterpreted, experts have warned.’

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The Guardian, 9th November 2024

Source: www.theguardian.com

Housing case law: September & October 2024 – Local Government Lawyer

‘Natalie Hurst and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 5th November 2024

Source: www.localgovernmentlawyer.co.uk

High Court case over closure of nurseries dropped – BBC News

Posted November 7th, 2024 in children, consultations, judicial review, local government, London, news by tracey

‘A High Court challenge over plans to close children’s centres in east London has been dropped after the council accepted its consultation was “unlawful”.’

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BBC News, 7th November 2024

Source: www.bbc.co.uk