Masthead Local Govt - Litigation

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Selective licensing and conditions

Jonathan Manning analyses an important Court of Appeal ruling on selective licensing and the power of local authorities to impose conditions.

News headlines

Mar 16, 2018

County faces legal action over £20m cut to services for disabled children

A group of families has threatened Surrey County Council with a judicial review challenge over its decision to cut its schools and special educational needs and disabilities (SEND) budgets by £20m.
Mar 15, 2018

Head teacher fails in Supreme Court challenge to dismissal over failure to disclose

The Supreme Court has unanimously dismissed an appeal brought by a head teacher who was sacked after she failed to disclose her friendship with a convicted sex offender to a local authority.
Mar 14, 2018

Court rejects claim against council brought by heirs of donor of school land

Oxfordshire County Council does not owe money to the heirs of someone who donated land more than 100 years ago to provide a school, a High Court judge has ruled.
Mar 14, 2018

Property firm fails in legal action over refusal by council to sell site

Manchester City Council was not obliged to sell a site to a particular buyer simply because of an earlier planning decision, the High Court has found.
Mar 12, 2018

No error in law in decision by minister to back Dorset reorganisation: QC

A leading QC has advised Christchurch Borough Council that there was no arguable error in law in the decision by the Secretary of State for Housing, Communities and Local Government to approve local government reorganisation in Dorset.

Features and analysis

The Family Court and extremist parents

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Martin Downs examines the courts’ approach in childcare cases where parents are convicted of terrorism offences.

Reverter of school site

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The heirs to a landowner who donated a site for a school more than 100 years ago recently claimed a substantial proportion of the proceeds of sale held by a council. James Goudie QC explains the outcome.

Appointeeship under scrutiny

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The Court of Protection team at 39 Essex Chambers consider a recent Upper Tribunal case on the naming of a woman's social security appointee.

Orders for possession and s.11 CA

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The Court of Appeal has ruled that a breach of s. 11 Children Act 2004 does not necessarily preclude orders for possession. Andy Lane and Tara O'Leary set out the lessons to be learned from the judgment.

Older articles

Mar 08, 2018

Malnick: section 36 reasonableness

The Upper Tribunal has recently been called on to consider the test for the reasonableness of a qualified person's opinion under s.36 FOIA. Robin Hopkins examines the outcome.
Mar 08, 2018

Children of secure tenants

Mathew McDermott discusses a potentially very important judgment which looked at whether it is fair to treat the children of secure tenants differently for the purpose of succession depending upon how their deceased parent became the tenant.
Mar 08, 2018

Wind turbines and local backing

Claire Booth analyses a recent Court of Appeal ruling in a case about the grant of planning permission for a wind turbine.
Mar 07, 2018

Senior family judge issues guidance on transfer of cases to High Court

The President of the Family Division has issued guidance on the allocation of cases within the family court to a High Court judge and the transfer of cases from the family court to the High Court.
Mar 07, 2018

Supreme Court to hear case on intentional homelessness and rent shortfalls

The Supreme Court has granted permission to appeal in a key case on intentional homelessness, housing benefit and subsistence benefits.
Mar 07, 2018

High Court agrees to rare case of planning inspector being cross-examined

A High Court judge has granted an application by an appellant to cross-examine a planning inspector, it has been reported.
Mar 06, 2018

Parents criticised for approach to Equality Act in case over education of daughter

A judge has criticised two parents for their use of the Equality Act 2010 in a series of legal cases brought over their daughter’s education.
Mar 06, 2018

High Court judge quashes planning permission for crematorium

The High Court has quashed planning permission given by Welwyn Hatfield Borough Council for a crematorium, ruling that the local authority did not properly consider capacity at a nearby facility.
Mar 05, 2018

Housing association axes large-scale regeneration plans for estate in Bath

A social landlord has said it will no longer pursue plans for the large-scale regeneration of a housing estate in Bath.
Mar 02, 2018

City council faces £1.5m claim after cyclist death at harbour

The family of a cyclist who fell from his bike and drowned in Bristol harbour are seeking up to £1.5m in compensation from the city council, it has been reported.
Mar 02, 2018

The right to rent and councils’ duties

Alice Richardson discusses with LexisPSL Local Government the first reported case to consider the relevance of the ‘right to rent’ provisions in the Immigration Act 2014 to assessments under section 17 of the Children Act 1989 where parents claim to…
Mar 02, 2018

Fly-tipping - the cure is working

Steven Woolf sets out some new strategies to help local authorities turn the tide on fly-tipping.
Mar 02, 2018

Between health and social care

A clinical commissioning group last month lost a judicial review challenge brought over its decision to withdraw £600,000 in funding for a respite centre for disabled children. Andrew Sharland QC explains why.
Mar 02, 2018

Another air quality setback

The High Court recently gave judgment against the Government on the challenge to its latest UK Air Quality Plan by environmental campaigning organisation ClientEarth. Angus Walker reports on the outcome and the local authorities affected.
Mar 02, 2018

Ehlers-Danlos Syndromes: a guide

Ehlers-Danlos Syndromes are often raised as a possibility in cases of alleged inflicted injury. Mark Cooper provides a guide for family lawyers on these conditions.
Mar 01, 2018

Parish wins permission for judicial review over decision under delegated authority

A parish council has been granted permission to apply for judicial review in their challenge to a grant of planning permission by a district council under purported exercise of delegated authority, barristers' chambers Francis Taylor Building (FTB)…
Feb 28, 2018

Family Drug and Alcohol Courts to expand across London

The Family Drug and Alcohol Court ( FDAC) is to expand in London after a partnership of nine boroughs, led by Merton Council, commissioned the service from the Tavistock and Portman NHS Foundation Trust.
Feb 28, 2018

Appeal to be submitted this week in Haringey development vehicle case

An appeal is to be submitted this week over the High Court’s dismissal of a high-profile legal challenge to the London Borough of Haringey’s proposed development vehicle.
Feb 27, 2018

Court of Appeal backs unsuccessful claimant against council over QOCS application

The Court of Appeal has allowed an appeal brought by an unsuccessful personal injury claimant over whether the qualified one-way costs shifting ("QOCS") regime in the Civil Procedure Rules applied to his claim involving a local authority.
Feb 23, 2018

Judge gives permission for judicial review of policy of council on graves

Walsall Metropolitan Borough Council faces a judicial review in a row over the appearance of a grave.

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