Recent orders for possession in University protest camp claims – implications for academic institutions – Local Government Lawyer

‘Joe Walker and Fred Groves provide an update on unauthorised pro-Palestinian protest encampments on university premises where many have refused to comply with demands to vacate.’

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Local Government Lawyer, 13th September 2024

Source: www.localgovernmentlawyer.co.uk

The interaction between planning legislation and adjacent regulatory regimes – Local Government Lawyer

Posted September 12th, 2024 in licensing, local government, news, planning by tracey

‘In an important judgment, the Upper Tribunal (Lands Chamber) has allowed an appeal against the First-tier Tribunal’s decision in respect of a set of conditions attached to a caravan site licence issued by Amber Valley Borough Council to Haytop Country Park Ltd. Daniel Henderson looks at the lessons from the ruling.’

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Local Government Lawyer, 12th September 2024

Source: www.localgovernmentlawyer.co.uk

The Golden Thread of information unravelled: navigating the Golden Thread Guidance for Higher-Risk Buildings – Local Government Lawyer

Posted September 11th, 2024 in building law, construction industry, local government, news by tracey

‘Steve Gummer and Shyann Sheehy talk through the recent Construction Leadership Council guidance on a ‘Golden Thread’ of information as part of a new regulatory regime for Higher-Risk Buildings.’

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Local Government Lawyer, 10th September 2024

Source: www.localgovernmentlawyer.co.uk

“Ariyo, Round 2” – Local Government Lawyer

Posted September 10th, 2024 in immunity, interpretation, local government, news, planning by tracey

‘The Court of Appeal recently upheld a High Court decision quashing a grant of planning permission in which the interpretation of a previous permission played a key part, despite finding that the High Court had misinterpreted that previous permission. Roderick Morton explains why.’

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Local Government Lawyer, 5th September

Source: www.localgovernmentlawyer.co.uk

Information Rights Tribunal orders council to disclose information on noise dispute

Posted September 6th, 2024 in disclosure, local government, news, noise by sally

‘The Royal Borough of Kensington & Chelsea (RBKC) has been given 35 days to disclose information in a lengthy dispute about noise from a piano.’

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Local Government Lawyer, 5th September 2024

Source: www.localgovernmentlawyer.co.uk

Ombudsman recommends compensation in council tax dispute – Local Government Lawyer

Posted September 6th, 2024 in compensation, council tax, local government, news, ombudsmen by sally

‘Slough Borough Council has been recommended by an ombudsman to pay £350 to local resident Mr X after taking him to court for unpaid council tax, despite having agreed to him paying by instalments.’

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Local Government Lawyer, 5th September 2024

Source: www.localgovernmentlawyer.co.uk

Some aspects of the law of forfeiture – St Philips Chambers

Posted September 5th, 2024 in chambers articles, forfeiture, landlord & tenant, leases, local government, news by sally

‘This brief article, written by Christopher Buckingham, considers the law of forfeiture in the light of the recent High Court decision of The Tropical Zoo Limited v The Mayor and Burgesses of the London Borough of Hounslow [2024] EWHC 1240 (Ch).’

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St Philips Barristers, 15th August 2024

Source: st-philips.com

Amber Valley Borough Council v Haytop Country Park Ltd [2024] UKUT 237 (LC) – No. 5 Barristers Chambers

‘In an important judgment, the Upper Tribunal (Lands Chamber) has allowed an appeal against the First-tier Tribunal’s decision in respect of a set of conditions attached to a caravan site licence issued by Amber Valley Borough Council to Haytop Country Park Ltd. Richard Kimblin KC appeared for the appellant Borough Council.’

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No. 5 Barristers Chambers, 30th August 2024

Source: www.no5.com

Council acknowledges “serious historic failings” which led to busway deaths – Local Government Lawyer

Posted September 4th, 2024 in employment, health & safety, local government, news by tracey

‘Cambridgeshire County Council is to plead guilty to two health and safety offences after the deaths of 3 people on a guided busway, admitting that it fell “far short” of meeting the highest standards of health and safety at work.’

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Local Government Lawyer, 3rd September 2024

Source: www.localgovernmentlawyer.co.uk

Waste company pays £100k to Nature Recovery Project after fire at site – Local Government Lawyer

Posted September 4th, 2024 in enforcement, environmental protection, fire, local government, news, pollution, waste by tracey

‘A West Midlands waste operator has paid £100,000 to a local wildlife project as an Enforcement Undertaking following a fire at one of its sites.’

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Local Government Lawyer, 3rd September 2024

Source: www.localgovernmentlawyer.co.uk

High Court Upholds Costs Orders Against Halton Borough Council Over Planning Inquiry – Local Government Lawyer

Posted September 4th, 2024 in costs, expert witnesses, health & safety, housing, inquiries, local government, news, planning by tracey

‘The High Court has upheld two costs orders against Halton Borough Council following the collapse of a planning inquiry due to the failure of the council’s expert witness to support its case.’

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Local Government Lawyer, 4th September 2024

Source: www.localgovernmentlawyer.co.uk

Charity watchdog issues first ever “official warning” to council for failing to properly manage 13 charities – Local Government Lawyer

Posted September 3rd, 2024 in charities, Charity Commission, local government, maladministration, news, trusts by tracey

‘The Charity Commission for England and Wales has issued Calderdale Council with an Official Warning of misconduct and/or mismanagement after it failed to comply with its duties as trustee of 13 charities.’

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Local Government Lawyer, 2nd September 2024

Source: www.localgovernmentlawyer.co.uk

Re: D and A (Fact Finding: Research Literature) [2024] EWCA Civ 663 – St Ives Chambers

Posted September 2nd, 2024 in accidents, appeals, care orders, children, expert witnesses, families, local government, news by sally

‘The recent Court of Appeal decision in D and A (Fact Finding: Research Literature) [2024] EWCA Civ 663 considered issues about the use of medical research literature as evidence in care proceedings under Part IV of the Children Act 1989. This case is an important decision, reminding practitioners of the importance of oral evidence and the evidence provided by expert witnesses in a time when the Government is running a pilot programme which might limit both of those things.’

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St Ives Chambers, 8th August 2024

Source: www.stiveschambers.co.uk

Arguing Incompatibility: Lessons from the Court of Appeal – St Philips Barristers

‘In Dudley Metropolitan Borough Council v Marilyn Mailley [2023] EWCA Civ 1246, the Court of Appeal considered whether the statutory provisions governing succession to secure tenancies under the Housing Act 1985 were discriminatory in circumstances where a family member was not able to succeed to a tenancy, as the tenant had ceased to occupy the property due to ill-health and did not have capacity to assign the tenancy to them.’

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St Philips Barristers, 19th August 2024

Source: st-philips.com

Upper Tribunal allows appeal by council over imposition of conditions that compromised enforcement notice – Local Government Lawyer

‘The Upper Tribunal (Lands Chamber) has overturned a decision of the First-Tier Tribunal (Property Chamber), which it said had not been entitled to impose conditions which had the effect of compromising an enforcement notice and would “perpetuate the harm to the landscape and heritage assets identified by the inspector”.’

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Local Government Lawyer, 29th August 2024

Source: www.localgovernmentlawyer.co.uk

Council decision-making procedures and legal advice “not followed” during closure of care home, independent review finds – Local Government Lawyer

Posted August 30th, 2024 in care homes, local government, news by sally

‘An independent review into Wakefield Council’s decision to close a residential care home, moving some residents in less than 48 hours, has found that the council’s decision-making procedures were “not followed properly”, and that there wasn’t enough focus on the needs of residents.’

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Local Government Lawyer, 29th August 2024

Source: www.localgovernmentlawyer.co.uk

High Court judge criticises council over handling of contempt proceedings in dispute over riverboats – Local Government Lawyer

Posted August 30th, 2024 in injunctions, local government, news, nuisance, trespass by sally

‘The London Borough of Richmond has lost a case over mooring on the River Thames in which a judge had earlier “excoriated” another judge’s order.’

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Local Government Lawyer, 29th August 2024

Source: www.localgovernmentlawyer.co.uk

Protected beliefs and pronouns policies – Local Government Lawyer

‘The Employment Tribunal has found that ‘XYchromosomeGuy’ who objected to his local authority employer’s pronouns policy was fairly dismissed. Jo Moseley looks at the lessons from the case.’

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Local Government Lawyer, 28th August 2024

Source: www.localgovernmentlawyer.co.uk

Positive action v positive discrimination: how to avoid crossing the (thin blue) line – Local Government Lawyer

‘To what extent can employers appoint or promote someone because they have a protected characteristic that is under-represented in their organisation? Jo Moseley analyses a recent Employment Tribunal ruling involving a police force.’

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Local Government Lawyer, 28th August 2024

Source: www.localgovernmentlawyer.co.uk

Councils and charity trustees – Local Government Lawyer

Posted August 28th, 2024 in charities, Charity Commission, local government, news by tracey

‘The Charity Commission has issued a warning to local authorities over the failure to comply with legal duties as charity trustees. Paul Hilsdon looks at the steps councils should take.’

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Local Government Lawyer, 28th August 2024

Source: www.localgovernmentlawyer.co.uk