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Masthead News


July 16, 2018

Public law family barrister moves to 42 Bedford Row

Gemma Farrington, a family law practitioner who specialises in complex public and private law work, has joined 42 Bedford Row.
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 11, 2018

Justification for hospital cuts taken away by migrant visa changes, say claimants

Campaigners are to press ahead with a judicial review challenge to proposed cuts to NHS services at a local hospital in the North East, claiming that a change in government policy on migrant visas could affect the justification for the reconfiguration.
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 ruled.
Jul 10, 2018

Government wins legal battle over accountable care organisations and the NHS

The Health Secretary has the power to create the new accountable care organisations (ACO) within the NHS and changes in events meant that a proper consultation would now proceed, the High Court has ruled.
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 library, it has been reported.
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.
Jul 09, 2018

High Court quashes village green registration over 'trigger event'

The High Court has given what is reported to be the first ruling on a ‘trigger event’ for the purposes of town and village green registration.
Jul 09, 2018

Council defeats appeal by convenience store over revocation of premises licence

The London Borough of Southwark has successfully defended its decision to revoke the premises licence of a convenience store that had been found, on six separate occasions, to be employing immigrant workers.
Jul 09, 2018

Neighbour loses challenge to permission for poultry buildings in manure row

A local resident has lost a legal challenge over Shropshire Council’s decision to grant planning permission for the erection of four poultry buildings and associated development.
Jul 06, 2018

Judicial review challenge over routing of heavy goods vehicles withdrawn

A judicial review challenge over the routing of heavy goods vehicles through a village in an Area of Outstanding Natural Beauty in Dorset has been withdrawn.
Jul 06, 2018

Council defends decision to revoke premises licence after test purchase failures

A borough council in the North West has successfully defended a decision of its licensing sub-committee to revoke the premises for an off licence after a number of test purchase failures.
Jul 05, 2018

Council told to reconsider school admission appeal after LGO investigation

The Local Government & Social Care Ombudsman has called on Nottingham City Council to offer a fresh schools admission hearing to a young boy who needed to move school because of ‘honour’ based violence.
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 examination.
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 garden village.

Tenant management organisation hands back housing to Kensington & Chelsea

grenfell tower burnt out shell and tributes to the dead JF7KXF Alamy 146x219The Board of the Kensington and Chelsea Tenant Management Organisation (KCTMO) last month unanimously agreed to hand back management of housing to the Royal Borough of Kensington and Chelsea, the latest move in the aftermath of the Grenfell Tower tragedy.

In a letter to residents, RBKC Deputy Leader Cllr Kim Taylor-Smith and Director of Housing Management Doug Goldring stressed that while the KCTMO would no longer be involved in managing residents’ homes, it would continue to exist as a legal entity.

This was “so that leaders can be called to the public inquiry and held to account in any criminal or civil legal proceedings that may take place in the future”. It was not a way for the KCTMO to avoid accountability, the authors said.

The letter said the move meant that the council would be taking over repairs, looking after estates and running day to day services.

“We want to be very clear, this is only an interim measure – the Council is not taking over for good. The Council will run services and improve services while you, the residents, decide how you want your homes managed in the future. We know this is the most important aspect for you – and we want to work with communities to begin a true and meaningful consultation with you,” Cllr Taylor-Smith and Mr Goldring said.

“At the same time, we are already making progress on an urgent and thorough review of all the KCTMO's operations including health and safety, finance, repairs and estate management services. We have been prioritising this since the new leadership of the council took over, and we believe it is essential following the tragedy of the Grenfell fire. We will continue to share the results of this as we find them and make improvements and changes wherever needed.”

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Registration over coffee and croissants - 8.00 - 8.30am.  Briefing: 8.30-9.30am. Last week in Cooper Estates Strategic Land v Wiltshire Council [2018] EWHC1704 (Admin) the high court has quashed a town/village green (TVG) registration on the basi...
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