11KBW
LOCAL GOVERNMENT LAW

Our regular bulletin on developments in the ever-changing
legal landscape of local government legislation and case law.

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Local Government Law


Welcome to 11KBW's bulletin which aims to keep you informed about some of the main cases and developments in Local Government Law. We have expertise in a broad range of areas relevant to local government but do not cover all of them here. Follow these links to access our blogs or bulletins for Employment, Education, Community Care, Information law and Procurement.

May 24, 2017

The Supreme Court has reaffirmed that whereas saving cost is “of course” a legitimate objective of public policy, budgetary considerations “cannot” justify discrimination. In other words, if a benefit is to be limited in order to save costs, it “must” be limited in a way that is neither directly nor indirectly discriminatory and is a…

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May 22, 2017

The three appeals to the Employment Appeal Tribunal in cases including Focus Care Agency Ltd v Roberts, UKEAT/0143/16/DM, consider the proper approach to the question whether employees who “sleep-in” in order to carry out duties if required engage in “time-work” for the full duration of the night shift, or whether they are entitled to the…

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May 22, 2017

Wood v Kingston Upon Hull City Council (2017) EWCA Civ 364 concerns an Improvement Notice served by a local housing authority under the Housing Act 2004 (“the 2004 Act”). The appeal to the Court of Appeal, by the authority, arose in the following way. Mr Wood is the freehold owner of a first floor flat…

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May 22, 2017

In R (Forsey) v Northern Derbyshire Magistrates’ Court (2017) EWHC 1152 (QB) the claimant was prosecuted as a director of a company which entered into administration, and whose 84 employees at a warehouse were made redundant. It was alleged that the company committed an offence by failing to notify the Secretary of State for Business,…

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May 19, 2017

In R (Pharmaceutical Services Negotiating Committee) v SoS for Health (2017) EWHC 1147 (Admin) Collins J was concerned with challenges to the legality of the process by which remuneration of pharmacies which dispense medicines and provide other services within the NHS was to be reduced as part of the financial savings required.  There was a…

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May 19, 2017

Sutton Housing Partnership Limited (“SHP”) manage the housing stock of Sutton Council.   In SHP v Rydon Maintenance Limited (2017) EWCA Civ 359 SHP sued as employer under a construction contract.  The Defendant is a contractor which specialises in the repair and maintenance of housing.  SHP engaged Rydon to carry out maintenance and repairs to the…

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May 16, 2017

In Holmes v Information Commissioner and Cumbria County Council, EA/2016/0256  the First-Tier Tribunal upheld the Commissioner’s decision refusing to order the County Council to disclose a Counsel’s Opinion.  Regulation 12(5)(b) of the Environmental Information Regulations was engaged, but the balance of public interest was against disclosure.  Nor had legal professional privilege been waived by the…

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May 15, 2017

A requirement in a planning permission that a property developer enter into an obligation that future occupiers of a building would not apply for a residential parking permit is not capable of being a planning obligation under Section 106 of TCPA 1990. Use of the highway for parking was not use of land in which…

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May 12, 2017

In Case C-131/16, Archus v PGNG, the CJEU on 11 May 2017 restated with reference to previous authority the principles of equal treatment of tenderers, as follows (numbering added):- The requirement for the contracting authority to observe the principle of equal treatment of tenderers which has the aim of promoting the development of healthy and…

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May 11, 2017

“Purdah” is not a rule of law. It does not override obligations to comply with statutory duties.  So held Garnham J in R (ClientEarth) v SoS for Environment, etc, a case concerned with the 8 June 2017 General Election announced on 18 April 2017.  On 20 April 2017 the Cabinet Office published Guidance in respect…

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