Masthead Local Govt - Litigation

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Disciplining councillors

The High Court has handed down an important ruling on the obligation to discipline councillors under the code of conduct procedure. Richard Clayton QC and Jonathan Goolden look at the lessons for local authorities.

News headlines

May 24, 2018

Council successfully applies for reconsideration of available amount under POCA

A local authority has successfully applied under section 22 of the Proceeds of Crime Act for the reconsideration of the available amount for breach of planning enforcement notices, it has been reported.
May 23, 2018

Judge criticises SEN Tribunal for Wales for refusal to accept case

A judge has made withering criticisms of the Special Educational Needs Tribunal for Wales, which he said had been wrong both to refuse to accept a case for appeal and to try to influence him as to its merits.
May 23, 2018

Council "did not have vires to lease part of common to pre-school nursery"

The London Borough of Wandsworth did not have the vires to lease premises situated on a common to a private pre-school operator, the Court of Appeal has ruled.
May 23, 2018

Tandem system in public law proceedings “working well”, MoJ review finds

The ‘tandem’ system of representation for children in public law cases works well and does not need major reform, a Ministry of Justice review has found.
May 22, 2018

Christchurch formally kicks off judicial review challenge to Dorset reorganisation

Christchurch Borough Council formally issued proceedings in the High Court yesterday for a judicial review of the Secretary of State’s decision to implement local government reorganisation in Dorset.

Features and analysis

The Government on deprivation of liberty

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In an article for LexisPSL Local Government, Ben Troke, partner at Browne Jacobson LLP, discusses the government’s proposals in relation deprivations of liberty and assesses whether they go far enough.

Contract Law in the Supreme Court

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The Supreme Court recently considered the use of non-oral modification terms in written agreements. Michael Paget and Zoë Whittington examine the outcome.

Coroners and burial policy

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A coroner in London was recently defeated over her controversial ‘cab-rank’ burial policy. Shaheen Rahman QC explains why.

Variation of contracts and lack of protest

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A city council recently lost a Court of Appeal battle over whether several hundred of its employees were entitled to incremental pay increases from 2011 to 2013. Craig Ludlow and Sarah Bowen analyse the ruling.

Older articles

May 18, 2018

Campaigners win judicial review over extension of materials recycling facility

A local campaign group has won a judicial review of an application to extend a materials recycling facility site in Wiltshire.
May 18, 2018

The Government on deprivation of liberty

In an article for LexisPSL Local Government, Ben Troke, partner at Browne Jacobson LLP, discusses the government’s proposals in relation deprivations of liberty and assesses whether they go far enough.
May 18, 2018

Contract Law in the Supreme Court

The Supreme Court recently considered the use of non-oral modification terms in written agreements. Michael Paget and Zoë Whittington examine the outcome.
May 18, 2018

Coroners and burial policy

A coroner in London was recently defeated over her controversial ‘cab-rank’ burial policy. Shaheen Rahman QC explains why.
May 17, 2018

Judge calls for LGA and NHS urgently to devise mechanism for resolving disputes

A High Court judge has urged the Local Government Association and the National Health Service to devise a mechanism by which funding disputes between councils and health bodies can be resolved without resort to expensive legal proceedings.
May 17, 2018

Bevan Brittan recruits public litigation and large loss specialist

Bevan Brittan has appointed James Manning, a specialist in defending insurers and local authorities in litigation for personal injury and large loss cases, as a Senior Associate in its London office.
May 16, 2018

Council to review cases after judge criticises failure on duty of candour

The London Borough of Brent is to review all judicial review cases involving its Children and Young People’s Services team for potential disclosure failures, after a Deputy High Court judge criticised the council for failing properly to discharge…
May 16, 2018

Tribunal rejects claims of detriment from safeguarding lead who sued for £1.4m

An Employment Tribunal has rejected whistleblowing allegations made against North Somerset Council by a former service leader in safeguarding.
May 14, 2018

Councils demand streamlined court process for fly-tipping offences

Councils have called on the Government to “urgently streamline” the courts and prosecution process for fly-tipping offences.
May 14, 2018

Supreme Court to hear case on community benefit fund as material consideration

The Supreme Court has agreed to hear an appeal over whether a local planning authority was entitled to take into account as a material consideration the offer of a community benefit fund donation, it has been reported.
May 11, 2018

Variation of contracts and lack of protest

A city council recently lost a Court of Appeal battle over whether several hundred of its employees were entitled to incremental pay increases from 2011 to 2013. Craig Ludlow and Sarah Bowen analyse the ruling.
May 11, 2018

Viability and affordable housing

A High Court judge has given an important judgment on viability and affordable housing in London. Tim Buley examines the ruling.
May 11, 2018

Publicly held land and village greens

The Court of Appeal has handed down a landmark judgment on use of publicly held land. Ashley Bowes, Jonathan Clay and Matthew Lewis consider the implications.
May 11, 2018

Homelessness and academic appeals

The Court of Appeal has reiterated in the context of homelessness appeals that the discretion to allow an academic appeal to proceed where it raises a point of law of general importance is to be exercised exceptionally, writes Stephanie Lovegrove.
May 11, 2018

Cost liabilities for liability orders

Michael Paget analyses an important ruling on recovery of the costs of unsuccessful challenges to liability orders.
May 10, 2018

Council secures £140k costs order against ex-councillor over failed judicial review

Sandwell Council has secured a costs order of almost £140,000 against a former councillor who brought an unsuccessful judicial review claim against the local authority.
May 10, 2018

HMCTS behind schedule on “ambitious” court reform programme, says watchdog

HM Courts Service is behind where it expected to be at this stage of its ambitious reform programme, the National Audit Office has warned.
May 09, 2018

Council defeats Court of Appeal challenge over road accident and vegetation

Appeal judges have refused to create a duty of care with “potentially serious and costly consequences for very little practical gain” in a case over whether overgrown vegetation contributed to a road accident.
May 09, 2018

Group crowd funds for legal challenge over building of school on playing fields

A crowdfunding campaign has raised £3,700 to engage law firm Irwin Mitchell in a dispute over a plan to build a school on playing fields at Rokeby, near Rugby.
May 09, 2018

Family Division judge refuses council permission to withdraw care proceedings

A Family Division judge has refused an application by the London Borough of Tower Hamlets to have care proceedings for child C either dismissed or withdrawn.

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