Category: local government

First things first – Local Government Lawyer

Posted December 17th, 2021 in competition, damages, local government, news, public procurement, telecommunications by michael

‘Hot on the heels of Draeger Safety v London Fire Commissioner the High Court (Mr Justice Kerr) has again declined to lift the automatic suspension in a procurement dispute because an expedited trial was possible. As well as evidencing the court’s increased willingness to do so, the judgment in Vodafone Limited v (1) Secretary of State for Foreign, Commonwealth and Development Affairs; and (2) The British Council [2021] EWHC 2793 (TCC) contains some interesting observations on trials of preliminary issues in procurement disputes.’

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Local Government Lawyer, 17th December 2021

Source: www.localgovernmentlawyer.co.uk

Reform or revolution? – Local Government Lawyer

Posted December 17th, 2021 in courts, local government, news, practice directions, trials, witnesses by michael

‘How is Practice Direction 57AC bedding down? Marion Smith QC, Joe-han Ho, Ruth Keating and Philippe Kuhn look at its impact.’

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Local Government Lawyer, 17th December 2021

Source: www.localgovernmentlawyer.co.uk

High Court can still authorise deprivation of liberty of child in unregistered home in “imperative conditions of necessity”: Court of Appeal – Local Government Lawyer

Posted December 14th, 2021 in children, deprivation of liberty safeguards, local government, news, placement orders, regulations, ultra vires by sally

‘The statutory scheme established by Section 22C of the Children Act 1989 does not allow unregistered placements, but does not expressly prohibit them, and in cases where conditions of imperative necessity require a child to be placed in such a setting, common law steps in and allows the High Court to exercise its inherent jurisdiction to authorise a deprivation of liberty, the Court of Appeal has ruled.’

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Local Government Lawyer, 13th December 2021

Source: www.localgovernmentlawyer.co.uk

Judge rejects claim planning committee failed to grasp “intellectual nettle” of previous decision – Local Government Lawyer

Posted December 9th, 2021 in local government, news, planning by sally

‘Chelmsford City Council’s planning committee did not commit itself to give consent for a housing development when it indicated support but deferred its decision, the High Court has found.’

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Local Government Lawyer, 9th December 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects claim council infringed right to be protected from modern slavery – Local Government Lawyer

Posted December 9th, 2021 in children, forced labour, human rights, judicial review, local government, news by sally

‘The Court of Appeal has upheld a High Court ruling which found a council did not infringe upon the protections against modern slavery afforded the appellant (H) under Article 4 of the European Convention of Human Rights (ECHR).’

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Local Government Lawyer, 6th December 2021

Source: www.localgovernmentlawyer.co.uk

Council loses High Court battle over whether private way was a “road” under Road Traffic Regulation Act – Local Government Lawyer

Posted December 7th, 2021 in local government, news, planning, road traffic, roads by sally

‘Isle of Wight Council’s decision that a privately owned way in Ryde was not a “road” for the purposes of the Traffic Regulation Act 1984 has been overturned, following a High Court legal challenge.’

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Local Government Lawyer, 6th December 2021

Source: www.localgovernmentlawyer.co.uk

Car wash that stayed open during height of pandemic fined for breaking COVID-19 restrictions – Local Government Lawyer

Posted December 6th, 2021 in coronavirus, fines, local government, news by sally

‘A council prosecution has seen a business owner in South Norfolk found guilty of an offence under The Health Protection (Coronavirus, Restrictions) Regulations 2020.’

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Local Government Lawyer, 3rd December 2021

Source: www.localgovernmentlawyer.co.uk

Exaggerations and fundamental dishonesty – Local Government Lawyer

Posted December 3rd, 2021 in accidents, appeals, compensation, damages, deceit, fraud, fundamental dishonesty, local government, news, personal injuries by sally

‘Adrian Neale considers the question of when a claimant’s exaggeration of injury can be said to be deliberate and dishonest, following a recent appeal brought by a local authority.’

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Local Government Lawyer, 3rd December 2021

Source: www.localgovernmentlawyer.co.uk

The Commercial Rent (Coronavirus) Bill: the Code of Practice – Local Government Lawyer

Posted December 3rd, 2021 in bills, codes of practice, company law, coronavirus, landlord & tenant, local government, news, rent by sally

‘In the third article in a three-part series on the Commercial Rent (Coronavirus) Bill, Edward Blakeney and Mattie Green examine the accompanying Code of Practice.’

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Local Government Lawyer, 3rd December 2021

Source: www.localgovernmentlawyer.co.uk

Council facing judicial review for push to get children in vulnerable families back to school – Local Government Lawyer

Posted December 1st, 2021 in coronavirus, disabled persons, judicial review, local government, news, pre-action conduct, school children by sally

‘A Covid-vulnerable family has sent a pre-action protocol letter to a council that it says unlawfully told a headteacher to stop allowing their children to stay home during rises in case numbers.’

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Local Government Lawyer, 30th November 2021

Source: www.localgovernmentlawyer.co.uk

Taxi licensing and the fit and proper person test – Local Government Lawyer

Posted November 30th, 2021 in child abduction, licensing, local government, news, taxis by sally

‘Sefton Council has overturned a Magistrates Court’s decision to grant a taxi licence to an ex-policeman convicted of child abduction. Gary Grant explains how.’

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Local Government Lawyer, 29th November 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects appeal in homelessness case over level of inquiries made – Local Government Lawyer

Posted November 30th, 2021 in appeals, homelessness, housing, local government, news, reasons by sally

‘The Court of Appeal has dismissed a claim that a London borough made insufficient inquiries into the reason why an appellant was homeless.’

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Local Government Lawyer, 29th November 2021

Source: www.localgovernmentlawyer.co.uk

Capacity to engage in sexual relations: the relevance of the partner’s consent – UK Human Rights Blog

Posted November 29th, 2021 in appeals, autism, consent, Court of Protection, learning difficulties, local government, news, sexual offences, Supreme Court by sally

‘A Local Authority (Respondent) v JB (by his Litigation Friend, the Official Solicitor) (Appellant) – UKSC 2020/0133 Court of Appeal (Civil Division). The Supreme Court has upheld the Court of Appeal’s decision that to have capacity to engage in sexual relations, a person needs to be able to understand that their sexual partner must have the capacity to consent to the sexual activity and must, in fact, consent before and during the sexual activity.’

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UK Human Rights Blog, 26th November 2021

Source: ukhumanrightsblog.com

Fighting ever increasing odds against a draconian intervention – and when is a without notice hearing acceptable? – Local Government Lawyer

Posted November 29th, 2021 in care homes, care workers, coronavirus, Court of Protection, families, local government, mental health, news, vaccination by sally

‘The Court of Protection recently ordered that a woman with late onset vascular dementia be transferred to a residential care home after relations between her son and care workers broke down. Alex Ruck Keene analyses the ruling.’

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Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk

Man-shed miscalculated – Local Government Lawyer

Posted November 29th, 2021 in appeals, contempt of court, enforcement notices, housing, injunctions, local government, news, planning, Uncategorized by sally

‘The Court of Appeal recently rejected an appeal by the owner of a building dubbed “Britain’s biggest man cave” over a ruling that he was in contempt of court of an injunction issued in 2018. Roderick Morton analyses the judgment.’

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Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk

We need real decisions about artificial intelligence – Local Government Lawyer

Posted November 26th, 2021 in artificial intelligence, codes of practice, consultations, local government, news by sally

‘The regulatory framework around the use of artificial intelligence by local authorities is inadequate but existing governance mechanisms can address concerns, writes Sue Chadwick.’

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Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk

Supreme Court hands down landmark ruling on capacity to consent to sexual relations – Local Government Lawyer

Posted November 26th, 2021 in appeals, autism, consent, disabled persons, learning difficulties, local government, news, sexual offences, statutory interpretation, Supreme Court by sally

‘The Supreme Court has upheld a Court of Appeal decision that to have capacity to have sexual relations with another person, a person needs be aware that their partner must have the ability to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

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Local Government Lawyer, 24th November 2021

Source: www.localgovernmentlawyer.co.uk

100 people held more than 20 years in ‘institutions’ – BBC News

Posted November 26th, 2021 in autism, care homes, Court of Protection, detention, families, hospitals, learning difficulties, local government, news, statistics by sally

‘One hundred people with learning disabilities and autism in England have been held in specialist hospitals for at least 20 years, the BBC has learned. The finding was made during an investigation into the case of an autistic man detained since 2001.’

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BBC news, 25th November 2021

Source: www.bbc.co.uk

Jeremy Corbyn secures apology, damages from councillor over tweet – Local Government Lawyer

Posted November 25th, 2021 in compensation, damages, defamation, internet, local government, news, political parties, terrorism by sally

‘Former Labour party leader Jeremy Corbyn has accepted an apology and substantial damages from a councillor who published a fake picture of him appearing to endorse the Liverpool terrorist attack.’

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Local Government Lawyer, 25th November 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: A Local Authority v JB (by his Litigation Friend, the Official Solicitor) [2021] UKSC 52 – UKSC Blog

Posted November 25th, 2021 in appeals, consent, Court of Protection, learning difficulties, local government, news, sexual offences, Supreme Court by sally

‘The Respondent commenced proceedings in the Court of Protection seeking declarations under the Mental Capacity Act 2005 as to the Appellant’s capacity to consent to sexual relations. A question arose as to whether the judge should have regard to whether they had capacity to understand that the other person involved must give consent, and did in fact give and maintain consent throughout the act. The judge found that this was not relevant information for the purposes of determining if an individual had capacity to consent to sexual relations under the Act.’

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UKSC Blog, 24th November 2021

Source: ukscblog.com