Successive applications for homelessness assistance and new facts – Local Government Lawyer

‘Toby Vanhegan and Stephanie Lovegrove analyse a Court of Appeal ruling on whether a council was justified in declining to accept an application under section 183 of the Housing Act 1996 on the ground that it was based on the same facts as a previous application.’

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Local Government Lawyer, 24th January 2025

Source: www.localgovernmentlawyer.co.uk

Administrative Law Principles in Context: Environmental Assessment Goes Up in Flames- Cambridge Law Journal

Posted January 24th, 2025 in climate change, environmental protection, local government, miners, news, planning by sally

‘A massive reduction in the combustion of fossil fuels will be required if the UK is to meet its target of “net zero” carbon emissions by 2050. At a global scale, reliance on fossil fuels will need to be greatly reduced if irreversible impacts on the environment are to be avoided. It is against this background that the Supreme Court has had to answer the following question: in circumstances where there is an obligation to consider the environmental effects of a development proposal for the extraction of fossil fuels, must the climate impacts of the eventual combustion of those fossil fuels be assessed?’

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Cambridge Law Journal, 7th January 2025

Source: www.cambridge.org

Frome residents win five-year battle for community-led housing project – The Guardian

Posted January 24th, 2025 in local government, news, planning by sally

‘Residents of a “renegade” Somerset market town have won their battle to create an innovative 5-hectare (12-acre) community-led development that includes homes, workspaces and a lido, after councillors agreed to sell a large brownfield site to the not-for-profit social enterprise behind the project.’

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The Guardian, 23rd January 2025

Source: www.theguardian.com

MPs to examine work of county court amid concerns over capacity and resources – Local Government Lawyer

Posted January 24th, 2025 in county courts, delay, inquiries, local government, news, select committees by sally

‘The Justice Committee has launched a new inquiry to examine the work of the County Court amid “persistent” concerns over capacity and resources.’

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Local Government Lawyer, 23rd January 2025

Source: www.localgovernmentlawyer.co.uk

Council prosecution sees abortion clinic protestor hit with £7,500 costs order – Local Government Lawyer

‘A protester has been ordered to pay more than £7,500 after failing to comply with a public space protection order (PSPO), which created a designated safe zone outside a reproductive health clinic in Ealing.’

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Local Government Lawyer, 23rd January 2025

Source: www.localgovernmentlawyer.co.uk

Securing special educational provision – Local Government Lawyer

‘The High Court has provided important guidance on the “absolute duty” to secure special educational provision, writes Ollie Persey.’

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Local Government Lawyer, 17th January 2025

Source: www.localgovernmentlawyer.co.uk

Defending decisions taken in line with adopted licensing policies – Local Government Lawyer

Posted January 21st, 2025 in licensing, local government, news, taxis by sally

‘Last month a High Court judge handed down an important judgment on the approach to departures from licensing policy. Josef Cannon KC looks at the lessons from the ruling.’

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Local Government Lawyer, 17th January 2025

Source: www.localgovernmentlawyer.co.uk

New UK Procurement Act procedures offer greater flexibility – OUT-LAW.com

Posted January 20th, 2025 in local government, news, public procurement by sally

‘The Procurement Act 2023 provides greater flexibility, replacing existing procurement procedures with a new competitive flexible procedure (CFP).’

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OUT-LAW.com, 17th January 2025

Source: www.pinsentmasons.com

Judiciary to produce new strategy to tackle underrepresentation of black judges in 2025 – Local Government Lawyer

‘Tackling the underrepresentation of black judges and improving accommodations for disabled judges will be the main areas of work on judicial diversity for 2025.’

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Local Government Lawyer, 16th January 2025

Source: www.localgovernmentlawyer.co.uk

Gabriel Tan and Lewis Graham: One Year On From Imam v Croydon: Mandatory orders, judicial psychology and judicial review – UK Constitutional Law Association

Posted January 16th, 2025 in homelessness, housing, judicial review, local government, news, Supreme Court by sally

‘It is a well-understood principle that a judicial review court traditionally forbears from granting coercive orders against public authorities on grounds of mutual institutional trust, and constitutional reasons relating to the separation of powers. This is particularly so in the case of mandatory orders: whilst section 31(1) of the Senior Courts Act 1981 allows judges to grant such orders, when doing so they take the underlying decision out of the hands out of the public authority which has the democratic imprimatur to take such a decision. There has therefore, traditionally, been a particular reticence to grant mandatory orders in judicial review cases.’

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UK Constitutional Law Association, 16th January 2025

Source: ukconstitutionallaw.org

Abandoning a Procurement – Is it time to jump ship? – Local Government Lawyer

Posted January 15th, 2025 in local government, news, public procurement by sally

‘Sally Stock, Beth Edwards and Shyann Sheehy discuss the process of abandoning a procurement process, as well as highlighting restrictions on when it can be done.’

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Local Government Lawyer, 14th January 2025

Source: www.localgovernmentlawyer.co.uk

How Are Health And Safety Offences Prosecuted In England And Wales? – 4-5 Gray’s Inn Square

Posted January 15th, 2025 in chambers articles, health & safety, local government, news, prosecutions by sally

‘Tanveer Qureshi has written an informative article on health and safety offences prosecuted in England and Wales.’

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4-5 Gray’s Inn Square, 9th January 2025

Source: www.4-5.co.uk

Law ‘must continue to evolve’ in line with a rapid shift towards a digital society – OUT-LAW.com

Posted January 14th, 2025 in cryptocurrencies, local government, news, statutory interpretation by sally

‘A recent High Court of England and Wales decision highlights the speed at which the law is continuing to evolve and must continue to, so that it can properly deal with digital assets such as cryptocurrency, an expert has said.’

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OUT-LAW.com, 13th January 2025

Source: www.pinsentmasons.com

Ministers consider ban on all UK public bodies making ransomware payments – The Guardian

Posted January 14th, 2025 in computer crime, education, health, local government, news by sally

‘Schools, the NHS and local councils will be banned from making ransomware payments under government proposals to tackle hackers. In a crackdown on such cyber-attacks, operators of critical national infrastructure will be barred from bowing to demands when criminal gangs hold IT systems hostage.’

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The Guardian, 14th January 2025

Source: www.theguardian.com

High Court dismisses claim against council over hard drive containing password to £600m bitcoin wallet dumped at landfill site – Local Government Lawyer

Posted January 13th, 2025 in cryptocurrencies, local government, news, waste by sally

‘The High Court has dismissed a claim against Newport City Council concerning the ownership of a hard drive containing the password to a Bitcoin wallet worth more than £600m that was said to have been left in error at a landfill site, after finding “no reasonable grounds for bringing the case”.’

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Local Government Lawyer, 10th January 2025

Source: www.localgovernmentlawyer.co.uk

Transparency board calls for judicial review hearings to be broadcast – Local Government Lawyer

‘The Transparency and Open Justice Board has recommended that Administrative Court hearings should be broadcast in an effort to boost open justice.’

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Local Government Lawyer, 10th January 2025

Source: www.localgovernmentlawyer.co.uk

Family Court reporting provisions to extend to all family courts in England and Wales – Local Government Lawyer

‘The Family Court reporting pilot is to be rolled out nationally from Monday 27 January through changes to the Family Procedure Rules.’

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Local Government Lawyer, 9th January 2025

Source: www.localgovernmentlawyer.co.uk

Judge halts attempt to retrieve £600m bitcoin wallet from Welsh dump – The Guardian

Posted January 10th, 2025 in cryptocurrencies, local government, news, Wales, waste by sally

‘A computer expert’s decade-long battle to recover a £600m bitcoin fortune he says has been lost in a council dump has been halted by a judge.’

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The Guardian, 9th January 2025

Source: www.theguardian.com

Wrexham councillor wins appeal over High Court ruling which led to warnings it would be contempt if members of local authority did not adopt local plan – Local Government Lawyer

Posted January 7th, 2025 in contempt of court, local government, news, planning, Wales by sally

‘The Court of Appeal has ruled in favour of a Plaid Cymru councillor who challenged an order made by a High Court judge that Wrexham County Borough Council had no discretion but to adopt its local plan.’

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Local Government Lawyer, 6th January 2025

Source: www.localgovernmentlawyer.co.uk

Bid by father to revoke placement orders after 11-month period of alcohol abstinence fails – Local Government Lawyer

‘A High Court Judge has rejected an application by a father who sought to revoke placement orders made in respect of his two children, on the basis of his 11-month period of abstinence from alcohol.’

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Local Government Lawyer, 6th January 2025

Source: www.localgovernmentlawyer.co.uk