‘The conflict between the need for open spaces for recreation and the availability of land for residential development has resulted in another interesting Court of Appeal decision, writes Christopher Cant.’
Local Government Lawyer, 29th January 2021
Source: www.localgovernmentlawyer.co.uk
‘Olivia Kirkbride, a pupil barrister at Coram Chambers, considers two recent, contrasting cases in which mothers sought to relinquish newly born children without notifying the fathers and family members.’
Family Law Week, 27th January 2021
Source: www.familylawweek.co.uk
‘It was lawful and in the best interests of an 80-year-old care home resident with dementia and schizophrenia to be vaccinated against Covid-19 despite the objections of her son, the Vice-President of the Court of Protection has ruled.’
Local Government Lawyer, 27th January 2021
Source: www.localgovernmentlawyer.co.uk
‘On 28 January 2021 the Supreme Court will hear the appeal in Campaign to Protect Rural England (Kent) (Appellant) v. Secretary of State for Communities and Local Government (Respondent). The case concerns two issues. First, the extent to which a court can make an adverse costs order in favour of more than one defendant or interested party in a planning case, where permission to apply for statutory or judicial review is refused. Second, how the capping mechanism in the Aarhus Convention costs regime properly applies to cases in which permission is refused.’
UKSC Blog, 27th January 2021
Source: ukscblog.com
‘This article is about Deprivation of Liberty involving children.’
Transparency Project, 27th January 2021
Source: www.transparencyproject.org.uk
‘An Upper Tribunal judge has granted an asylum seeker a declaration that he was 15 at the age he entered into the country and when he was assessed by Wirral Metropolitan Borough Council, rather than over 18 and more likely 20 as the local authority concluded.’
Local Government Lawyer, 28th January 2021
Source: www.localgovernmentlawyer.co.uk
‘In his comically surreal war novel, Joseph Heller explained the paradox of Catch-22: “A concern for one’s safety in the face of dangers that were real and immediate was the process of a rational mind.” For if you flew more missions you were crazy and did not have to. But if you did not want to you were sane and had to. In other words, a no-win situation.
This was unfortunately the position faced by Mrs Habibo Nur (Mrs Nur), a Birmingham City Council housing applicant with three adult daughters including one, Zakiya, who has learning difficulties and suffers from cerebral palsy. Zakiya consequently requires support with daily living activities and has been assessed as needing a level access shower, access to stairs with bilateral handrails and accommodation with a downstairs toilet.’
Law Society's Gazette, 25th January 2021
Source: www.lawgazette.co.uk
‘Salford CC v W & Ors (Religion and Declaration of Looked After Status) [2021] EWHC 61 (Fam) was about the welfare of five children between the ages of eleven and four: B, C, D, E and F. There were three applications before the court: the first for care orders under s.31 of the Children Act 1989, first issued in December 2018 by Norfolk County Council, the second by their mother, Ms W, for a prohibited steps order pursuant to s. 8 of the Children Act 1989, and the third by the maternal aunt and putative special guardian of the children, Mrs Z, for a declaration under the inherent jurisdiction of the High Court regarding the children’s legal status for the purposes of Part III of the Children Act 1989 [1 & 2]. It is the second application that is the subject of this note.’
Law & Religion UK, 22nd January 2021
Source: lawandreligionuk.com
‘A council has been fined £330,000 after a five-year-old girl died when a swing set collapsed on her in east London.’
BBC News, 22nd January 2021
Source: www.bbc.co.uk
‘A woman who managed, after the locks were changed, to re-enter temporary accommodation being provided by a property firm for a council was a trespasser and had no right to stay, Chelmsford County Court has ruled.’
Local Government Lawyer, 21st January 2021
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has set out lessons for the future in non-notification cases, after refusing to endorse a local authority’s decision not to disclose the existence of a 10-month-old boy to his father.’
Local Government Lawyer, 18th January 2021
Source: www.localgovernmentlawyer.co.uk
‘Sutton v Norwich (2021) EWCA Civ 20, on appeal from the Upper Tribunal (Lands Chamber) (2020) UKUT 0090 (LC), 20th March 2020.Underhill (VP Court of Appeal, Civil) LJ; Moylan and Newey LLJ.
In this case, the Court of Appeal considered the civil penalties for a “relevant housing offence” imposed under s.249A of the Housing Act 2004 (the 2004 Act) by Norwich City Council on Mr Nicholas Sutton.
Nearly Legal, 14th January 2021
Source: nearlylegal.co.uk
‘The Court of Appeal has rejected a company director’s appeal over penalties amounting to £99,000 imposed by the Upper Tribunal for breaches of regulations covering houses in multiple occupation (HMOs), and non-compliance with enforcement notices.’
Local Government Lawyer, 13th January 2021
Source: www.localgovernmentlawyer.co.uk
‘The High Court has described how Birmingham City Council provided an “object lesson in how a public body should not respond to public law proceedings” in its mishandling of a housing judicial review.’
Litigation Futures, 12th January 2021
Source: www.litigationfutures.com
‘This article will provide an overview of some of the key legal cases concerning age assessments and support for those whose age is disputed.’
Doughty Street, 7th January 2021
Source: insights.doughtystreet.co.uk
‘Shropshire Council has won a case in the Court of Appeal over what happens when a local authority disposes of land subject to a statutory trust for public recreational purposes without complying with the relevant statutory requirements.’
Local Government Lawyer, 7th January 2021
Source: www.localgovernmentlawyer.co.uk
‘A Welsh council has won an appeal to the Divisional Court over a ruling that informations it laid under s.179 of the Town and Country Planning Act 1990 were defective.’
Local Government Lawyer, 6th January 2021
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has dismissed an appeal over a ruling in a housing case that there had been no breach by Slough Borough Council of the public sector equality duty.’
Local Government Lawyer, 5th January 2021
Source: www.localgovernmentlawyer.co.uk
‘Buckinghamshire Council last month secured compliance with a High Court injunction to restore land to open countryside.’
Local Government Lawyer, January 2021
Source: www.localgovernmentlawyer.co.uk
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