Masthead Local Govt - Litigation

Justice from Old Bailey HB Editorial

Prosecuting manslaughter

Sarah Wilson sets out the key considerations in the recent prosecution for manslaughter of a defendant who sold 'fat-burning capsules'.

News headlines

Jul 11, 2018

Prosecution of Uber driver dismissed amid claims app was plying for hire

The Chief Magistrate, Dame Emma Arbuthnot, has dismissed a prosecution of a driver using the Uber App, based on an allegation that the App was a form of plying for hire.
Jul 10, 2018

Councils hit by High Court ruling on business rates and ‘occupation’

A company can occupy business premises to enable a building’s owner to escape liability for business rates since the law does not say ‘occupation’ must be for any additional business purpose beyond that of the occupation itself, the High Court has…
Jul 10, 2018

Judge refuses permission for legal challenge to Inner Temple planning permission

The High Court has refused permission for a judicial review of the Corporation of the City of London’s grant of planning permission for educational facilities in the Inner Temple Treasury Building, which involves the loss of the upper gallery of its…
Jul 10, 2018

Appeal judges back Welsh ministers over differences with planning policy in England

Planning is a devolved function in Wales and so differences exist and are likely to grow between policy there and in England, the Court of Appeal has noted in a case in which it upheld an inspector’s ruling.
Jul 10, 2018

Council not required to disclose advice of independent person: Tribunal

Stratford-on-Avon District Council need not disclose advice given by an independent person in a case over a councillor’s conduct, the First-Tier Tribunal (FTT) has said.

Features and analysis

Legal decisions and social work

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The President of the Family Division, Sir James Munby, retires this month. Naomi De Silva looks at how his rulings have affected social work.

Good expert or bad?

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When it comes to historic social care claims, the answer lies in the prep, writes Laura Broadhead.

Reopening final appeals

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Jeremy Pike and Charles Streeten analyse an important Court of Appeal judgment on applications for permission to appeal, reopening final appeals, and s 31(2A) of the Senior Courts Act.

Lack of succession rights and the HRA

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John Murray analyses a recent High Court case whereby a council successfully retained a possession order against a mother and son who suffered from a range of medical issues and resided in a three-bedroom property, but had no succession rights.

Older articles

Jul 06, 2018

Prosecuting manslaughter

Sarah Wilson sets out the key considerations in the recent prosecution for manslaughter of a defendant who sold 'fat-burning capsules'.
Jul 06, 2018

Legal decisions and social work

The President of the Family Division, Sir James Munby, retires this month. Naomi De Silva looks at how his rulings have affected social work.
Jul 06, 2018

Good expert or bad?

When it comes to historic social care claims, the answer lies in the prep, writes Laura Broadhead.
Jul 05, 2018

Borough in claim against county over £200k it says was to go on mitigation works

Maidstone Borough Council has launched a judicial review challenge over Kent County Council’s decision to use £200,000 that the borough insists was intended for road mitigation works for a feasibility study into a bypass, it has been reported.
Jul 05, 2018

Appeal heard on claim exclusion regulations discriminate against autistic children

The Upper Tribunal has this week (3-4 July) heard a legal challenge over regulations that campaigners argue discriminate against pupils with autism.
Jul 05, 2018

Average time for disposal of care cases rises to 30 weeks: MoJ

The average time for a care or supervision case to reach first disposal rose to 30 weeks in January to March this year – the highest average since early 2014, the Ministry of Justice has revealed.
Jul 04, 2018

District council sees off High Court challenge to Local Plan

A Planning Court judge has dismissed a developer’s legal challenge to Epping Forest District Council’s decision to approve its Local Plan and submit the document to the Secretary of State Housing, Communities and Local Government for independent…
Jul 04, 2018

Government introduces legislation in bid to replace Deprivation of Liberty Safeguards

The Government has this week (3 July) introduced the Mental Capacity (Amendment) Bill to the House of Lords as it seeks to replace the ‘Deprivation of Liberty Safeguards’ (DoLs).
Jul 04, 2018

Developer sues county, leader and chief exec over handling of planning application

A property developer has launched legal proceedings against Northumberland County Council, its Leader Cllr Peter Jackson, Cllr John Riddle and its chief executive Daljit Lally over the handling of its planning application in relation to a proposed…
Jul 03, 2018

Cornerstone duo appointed to Attorney General’s B Panel

Clare Parry and Estelle Dehon of Cornerstone Barristers have been appointed to the Attorney General’s B Panel of Junior Counsel to the Crown for a period of five years from 1 September 2018.
Jul 03, 2018

Judges reject appeal over motion boycotting produce from Israeli settlements

The Court of Appeal has rejected an appeal by Jewish Human Rights Watch over the Divisional Court’s refusal to quash a motion passed by Leicester City Council calling for a boycott of produce from Israeli settlements in the West Bank.
Jul 03, 2018

Council solicitor to face charge of perverting the course of justice

A solicitor with Hampshire County Council, Jeremy Penny, will appear in court later this month to face a charge of perverting the course of justice following postal requisition.
Jul 02, 2018

High Court rejects challenge to introduction of “safe zone” around abortion clinic

The High Court has rejected a bid to have quashed Ealing Council's decision to introduce – through a public spaces protection order – a “safe zone” outside an abortion clinic.
Jul 02, 2018

Council concedes in strip club policy legal challenge over equality duty failure

Sheffield City Council last week (29 June) conceded in court that it had failed to properly discharge the public sector equality duty, after a campaigner challenged the lawfulness of the authority’s decision to adopt a policy of licensing unlimited…
Jun 28, 2018

Seven judges to step up to Court of Appeal

Seven judges have been promoted to the Court of Appeal to fill current and forthcoming vacancies, it has been confirmed.
Jun 28, 2018

City council appoints three law firms to provide claims handling services

Sunderland City Council has appointed three law firms to provide claims handling legal services.
Jun 27, 2018

Budget cuts hitting ability of councils to tackle unauthorised development: RTPI

Complexity and cost are preventing councils from tackling unauthorised developments in England, the Royal Town Planning Institute has warned.
Jun 26, 2018

High Court backs council over permissive policy and sites outside identified locations

A High Court judge has upheld a legal challenge by Canterbury City Council over a planning inspector’s grant of planning permission for an 85-home development on a greenfield site.
Jun 26, 2018

Council ordered to pay £68k on account in costs over coroner burial policy case

The Divisional Court has ordered Camden Council to pay £68,000 in costs on account following the high-profile case where judges ruled that the Senior Coroner for Inner North London acted unlawfully in adopting a policy that resulted in Jewish and…
Jun 26, 2018

Town and parish councils demand government talks over councillor disciplinary judgment

The National Association of Local Councils (NALC) and the Society of Local Councils Clerks (SLCC) have called for urgent government talks over a recent High Court ruling on how councillors can be disciplined.

Environment watchdog agrees first enforcement undertaking over odours

The Environment Agency has for the first time accepted an enforcement undertaking (EU) for alleged permit breaches relating to odour at an installation.

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