London council wins Supreme Court battle over highways powers

Latest Stories

Supreme Court President warns on restricting access to judicial review
19/06/13: Great care should be taken in any approach to reduce access to judicial review, the President of the Supreme Court has warned.

Family Justice Council fears impact of legal aid reforms on public law cases
19/06/13: Government plans to limit legal aid to those with a strong connection to the UK could impact on the 26-week time limit for care proceedings, the Family Justice Council has said.

Give councils powers over landlords to tackle ASB by private tenants: LGA
19/06/13: Councils should be given greater powers to force landlords to crack down on the anti-social behaviour of tenants in privately rented accommodation, the Local Government Association has said.

Borough to pay £2,000 after damning LGO report on housing of family
19/06/13: A London borough has agreed to pay out £2,000 after it housed a vulnerable family in cramped, temporary accommodation for 18 months before seeking to evict them with only nine days’ notice.

Judge refuses council permission to apply for JR in rail interchange row
18/06/13: St Albans City and District Council is mulling its options after the High Court refused it permission to apply for a judicial review relating to plans for a strategic rail freight interchange.

Cabinet Office publishes guidance for Whitehall on use of private emails
18/06/13: The Cabinet Office has issued guidance to central government departments on the use of private email.

Blogger plans to take libel battle with council to Court of Appeal
18/06/13: A blogger who lost a claim for libel against a council and its chief executive and was ordered to pay £25,000 in damages has indicated this month that she will file her notice of appeal.

Guidance to stop councils getting "contractual kickbacks" from bailiffs: Pickles
18/06/13: New guidance will “stop the dodgy practices where town halls collect contractual kickbacks from bailiffs that will do almost anything to make money”, the Communities Secretary has claimed.

Paddy Power wins appeal over refusal by council of betting shop licence
17/06/13: Betting company Paddy Power has won an appeal over a London borough’s decision to refuse an operating licence for a new shop on the grounds that it would attract crime and disorder.

See all news stories...

Sign up for our FREE email newsletter

Get your full year's CPD for just £349+vat

CLICK HERE for more information

A call to (direct) action
Direct remedial action is an under-utilised tool when it comes to planning enforcement. Izindi Visagie explains its advantages.

Navigating s. 123 and land disposal duties
Recent caselaw has clarified local authorities' duties when it comes to land disposals and compliance with s. 123 of the Local Government Act 1972, writes Sarah Lines. 

The Growth and Infrastructure Act and TVGs
Just how effective will the Growth and Infrastructure Act 2013 be protecting against town and village green registration? Antonia Murillo reports.

Age disputes, the SSHD and local authorities
Jonathan Auburn and Benjamin Tankel examine the interaction of the Secretary of State for the Home Department and local authorities in age dispute cases.

Limiting disclosure in the Court of Protection
The Court of Protection team at 39 Essex Street examine an important ruling on the limited disclosure of documents and the use of confidentiality rings.

Dealing with unauthorised occupiers
Daniel Hall looks at the options open to public bodies faced with unauthorised occupiers of their land.

One year on from the amended guidance
Andy Woods questions whether we are forgetting that the Licensing Act 2003 relies heavily on partnership.

Vicarious liability and local authorities
The law of vicarious liability is on the move. Lucy Harris looks at the implications for local authorities.

Unleashing localism in procurement: it’s really best value
Mark Cook examines the increasing significance of social value and community consultation in the light of recent legislation and case law.

Do I want your opinion?
Gordon Exall discusses the use of opinion evidence in lay witness statements. He looks, in particular, at two recent decisions which discuss opinion evidence.

Local authorities, licensing fees and the Hemming case
Paddy Whur looks at the implications of the recent judgment in the Hemming case and what this may mean for local authorities when considering the setting of their licensing fees.

State aid and revising the General Block Exemption Regulation
The European Commission has published proposals for a revised General Block Exemption Regulation. Matthew O'Regan and John Houlden consider the key issues.

You have been warned
The courts are beginning to issue clear warnings about breaches of the Civil Procedure Rules in the aftermath of the Jackson reforms. Kella Bowers examines two recent cases.

The new role for local authorities in public health
Lee Parkhill summarises the key elements of the new legal framework for public health and highlights some issues for local authorities to consider.

Banding together
Local Government Minister Brandon Lewis recently made some important announcements about the future of the Local Government Pension Scheme. John Hanratty looks at some of the main challenges. 

Breaking point
The High Court has handed down an important ruling on tenant break clauses. Peter Hall examines the judgment.

Care home finances and local authority responsibilities
Following a number of business failures, the Government has put forward proposals on the financing of care homes and the responsibilities of councils. Anna Tkaczynska looks at the key measures.

One of a kind
Claire Booth reviews the recent High Court ruling where a local resident sought to challenge a council's outsourcing programme.

The impact of windfarms on heritage assets
Emyr Thomas examines a recent High Court ruling on a decision to grant planning permission for a windfarm near heritage assets.

Private care homes and the Human Rights Act
Jonathan Auburn and Benjamin Tankel examine a 'home for life' case that touched on the application of the Human Rights Act to private or semi-private care homes.

Insurance proposal forms and material inaccuracies
A judge has ruled that a housing association was unable to claim on an insurance policy after a builder it had hired became insolvent. Stephen Homer analyses why.

Local authorities and recycling collections
A High Court ruling on co-mingled recycling collections has been welcomed by local authorities. Ruth Murray explains why.

Judicial review and best interest decisions under the MCA
The Court of Protection team at 39 Essex Street looks at an Adminstrative Court judge's ruling where a litigant in person sought to use judicial review proceedings to challenge a best interests decision made under the Mental Capacity Act.

Accommodating people with community care needs
The Supreme Court earlier this month handed down a key ruling on accommodation of people with community care needs, but many questions remain, argues Jonathan Auburn.

Business rates and the PSCT ruling
The Public Safety Charitable Trust lost its case against three local authorities which contested its claim for charitable relief on unused business premises. Virginia Lloyd analyses the judgment.

Best value revisited
Nicholas Dobson looks at the issue of Best Value and analyses the High Court's recent ruling on the Barnet outsourcing.

Home from home?
Satnam Virdi looks at some of the issues raised for local authorities surrounding home education.

An issue of destitution
The High Court recently found to be lawful a local authority's decision on whether or not a family was destitute. Ros Foster explains the ruling.

Sticking tape
The Government's proposed overhaul of TUPE as part of its red tape challenge raises some concerns for the Employment Lawyers Association. Adam Leith reports.

Gang injunctions, ASBOs and the closest fit
The Court of Appeal handed down an important ruling recently on applications for gang injunctions. Jonathan Manning and Sarah Salmon explain the judgment.

Flexible tenancies: top tips for drafting
Having assisted a number of local authorities and housing associations, Jon Holbrook offers his top tips for landlords drafting flexible tenancy agreements.

Costs following settlement of JR proceedings
Jonathan Auburn and Benjamin Tankel review recent cases on the recovery of costs following settled judicial review proceedings.

A noxious nuisance – lessons for council lawyers?
A recent case on nuisance contains some important lessons for council litigation lawyers, argues Nicholas Dobson.

To decide or not to decide, that is the question
Dave Phillips and Naomi Madderson consider the impact of a case in which a local authority which removed two children subject to an interim care order was judicially reviewed.

Backing contact arrangements with penal notices and injunctions
The Court of Protection team at 39 Essex Street look at a case where an order relating to contact arrangements was backed by a penal notice and injunctions.

Homeless persons, vulnerability and personal circumstances
The Court of Appeal has provided important guidance on the matters to be taken into account when deciding whether a homeless person is “vulnerable” for the purposes of the Homelessness Act 1996. Paul Brown QC explains the ruling.

Planning time limits and the EIA Directive
Are time limits for planning enforcement compatible with the Environmental Impact Assessment directive? Clare Parry reports on a recent High Court ruling.

Heritage reform and the Enterprise and Regulatory Reform Act 2013
New legislation looks set to speed up the process of applying for listed building consent, writes David Merson.

Procuring health care services for the NHS
New regulations set out the principles and procedures for NHS England and clinical commissioning groups when it comes to specialist procuring activities and commissioning. Richard Auton looks at what they say.

Assessing capacity to consent to contact
The Court of Appeal has considered the approach to take when assessing a wife’s capacity to decide to live with her husband on his release from prison. Lee Parkhill looks at the judgment.

The public sector equality duty and procurement
What is the interplay between the public sector equality duty and procurement? Richard Auton examines the relationship and recent guidance from the Equality and Human Rights Commission. 

Full steam ahead?
The Government's consultation on proposed reforms to judicial review drew a furious response from certain quarters, but ministers are unrepentant. Virginia Cooper, Emily Heard and Andrew Robertson set out the key measures.

When is guidance ‘statutory’ and does it matter?
Allan Norman analyses the status of 'guidance' and the wider implications of a 2012 High Court ruling, including for the childcare field.

Parental choice of mainstream education
A recent Upper Tribunal case related to parental choice of mainstream education for a child with complex special educational needs and raised important procedural issues, writes Rachel Kamm.

Public land and property development
Selling public land, or making it available for development, is high up on the Government’s growth agenda. But property development is a risky business. How can public sector organisations seek to manage this risk? Phil Lawrence looks at the key issues and the use of s. 237 TCPA 1990.

The deregulation of regulated entertainment
Andy Woods looks at the latest deregulation of regulated entertainment proposed by the Department for Culture, Media and Sport following on from the Live Music Act 2012

Major changes on the way to health and safety?
Legislation that could see significant reform to health and safety recently received Royal Assent. Amy-Jo Campbell and Roy Woollard consider the implications.

Caldicott 2: to share or not to share
Dame Fiona Caldicott's long awaited report on service user confidentiality in the health and social care system was published last week. Eleanor Tunnicliffe explains how the findings affect all organisations working in the health and social care sector.

The road to clarity
The Court of Appeal has delivered important guidance on the status of the Code of Practice, "Well Maintained Highways”. Mark Fowles and Lorna Herring analyse the judgment and its implications for local authorities.

Disclosure of documents in procurement disputes
Bidders who miss out on a procurement will often want to get hold of documents to see if they can bring legal action. Helen Prandy looks at the issues this raises.

Highway to CIL
Government proposals to reform further the Community Infrastructure Levy have a focus on highway works. Matt Gilks analyses the measures.

Nuisance: the danger with delay
Gwendoline Davies reviews a recent High Court ruling – in a nuisance case involving a local authority – that is consistent with recent reforms to cost and case management in civil litigation.

Controlling residential objectors
Paddy Whur reports on a recent licensing sub-committee hearing that provided a prime example of the frustration residents often feel when they find it difficult to focus their objections on matters which the authority can rightly take into consideration when determining an application.

Age assessments and the Home Secretary
Jonathan Auburn and Benjamin Tankel analyse a recent High Court case on whether the Home Secretary had been entitled to proceed on the basis of a Merton-compliant age assessment.

Best interests, medical treatment and quality of life
The Court of Appeal has handed down a key ruling on best interest decisions, medical treatment, quality of life and the patient's wishes. The Court of Protection team at 39 Essex Street consider the judges' reasoning.