Harmful emissions and human rights duties

Stephen Tromans QC and Victoria Hutton consider a significant High Court ruling on the duties of the Environment Agency in relation to a landfill site. Read more
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  NEWS

Oct 14, 2021

Commissioner warns council not to rely on police for enforcement of proposed 20mph speed limits

A plan to implement 20mph speed limits throughout Cornwall should not rely on police enforcement, the region's Police Crime Commissioner has said.
Oct 06, 2021

High Court raps councils over failure to progress injunctions against travellers

Four councils have been found by the High Court to have engaged in an abuse of process relating to injunctions against travellers and a fifth has been severely criticised in cases where they showed “complacency, even insouciance”.
Oct 05, 2021

Government to introduce series of measures in bid to clamp down on disruption of infrastructure including motorways

The Government is to introduce a new offence of interfering with the operation of key infrastructure – including motorways, railways, and airports – where the impact will affect the distribution of essential goods, such as fuel and medicine.
Oct 05, 2021

Regulations and guidance issued on support councils must give domestic abuse victims

The Government has published new regulations and guidance setting out the level of support councils are required to provide to domestic abuse victims who need to escape home.
Oct 05, 2021

Government to reform Human Rights Act before next election: Justice Secretary

The Government will overhaul the Human Rights Act in this Parliament, the Justice Secretary has said.
Sep 24, 2021

Council fails in bid for final injunction prohibiting defendants from anti-social behaviour in any public space in borough

A High Court judge has rejected an application by the London Borough of Hackney for a final injunction prohibiting a number of defendants until 13 September 2022 from engaging in various activities which were said to constitute anti-social behaviour and/or public nuisance in any public space in the borough.
Sep 17, 2021

Government to ditch ‘Supplementary Vote’ system for mayoral and PCC elections in favour of ‘First Past the Post’

The Government has unveiled measures to apply the ‘First Past the Post’ system to the election of council and ‘metro’ mayors across England, and to Police and Crime Commissioners (PCC) across England and Wales.
Sep 14, 2021

Councils express concern about practicalities of implementing new fire safety legislation

The Local Government Association has said it welcomes the introduction of the Fire Safety Act and the Building Safety Bill and hopes they will be "an important step in the right direction", but has expressed concern about some of the practicalities of the implementation of new fire safety legislation for both resident safety and local authorities.
Aug 31, 2021

Civil liberties groups demand ban of use of facial recognition technology by police

Liberty, Privacy International and 29 other organisations have called for Parliament to ban the use of live facial recognition technology (LFRT) by the police and private companies.
Aug 13, 2021

Edinburgh to consult on designating whole of city as short term let control area

The City of Edinburgh Council is to hold a consultation from next month on a draft proposal to designate the whole city as a "short term let (STL) control area".
Aug 10, 2021

Landlord ordered to pay more than £21,000 after council prosecutes him for unlicensed house in multiple occupation

A private landlord operating an unlicensed and overcrowded property in Kensal Green has been told to pay more than £21,000 in fines and costs by Willesden Magistrates' Court.
Aug 09, 2021

Councils call for much larger fly-tipping fines to act as deterrent, suspended sentences for repeat offenders

Local authorities have urged the Sentencing Council to increase fines for fly-tipping significantly, so they act as a suitable deterrent, and for repeat offenders to be given suspended custodial sentences.

  FEATURES AND ANALYSIS

October 08, 2021

Interim and final injunctions: the differences

Roderick Morton considers two injunction cases which neatly illustrate the differences between interim and final injunctions.
August 20, 2021

Disclosure in without-notice injunctions

A recent County Court case offers a reminder of the importance of being thorough and objective while discharging the duty of disclosure in without-notice injunctions, writes John Murray.
August 05, 2021

CCTV and breaches of injunctions

A housing association tenant has lost his appeal over a suspended custodial sentence he was given after being caught on CCTV breaching an injunction. Anna Bennett examines the Court of Appeal's decision.
July 29, 2021

How to avoid common pitfalls in anti social behaviour injunctions and committal applications

Louise Whittington and Natalie Foster provide practical guidance on frequently encountered issues in the preparation of applications for both civil injunctions and committals following breach of an injunction.
July 23, 2021

How to ensure better protection for tenants around the country

Shona Ali looks at worrying recent trends in relation to illegal evictions and sets out what local authorities can do to combat the problem.
July 08, 2021

The Domestic Abuse Act 2021: What does it mean for social housing providers?

The Domestic Abuse Act (“DAA”) received royal assent on 29 April 2021 following a much-delayed journey through Parliament. The Act will have important ramifications for social housing providers – including changes for homelessness under Part VII of the Housing Act 1996 which came into effect on 5 July 2021. Tara O’Leary provides a summary of what to expect.
June 04, 2021

Anti-social behaviour - powers to control behaviour

This LexisNexis Local Government practice note produced in partnership with Hardwicke Chambers provides comprehensive and up to date legal information covering the powers available under The Anti-social Behaviour, Crime and Policing Act 2014.
May 28, 2021

Local authority injunctions against “Persons Unknown” - the civil law runs out

Ranjit Bhose QC analyses the recent High Court ruling on "Traveller Injunctions" and "persons unknown".
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  MORE NEWS

Aug 06, 2021

Council prosecution sees landlord fined more than £14,000 for safety breach and operating without HMO licence

A landlord who has been operating without a HMO licence and failing to maintain safety standards for his tenants has been fined over £14,000 at a prosecution brought by Reading Borough Council.
Aug 05, 2021

High Court orders expedited trial of procurement challenge over fire brigade protective equipment, refuses to lift automatic suspension

A Technology and Construction Court judge has ordered an expedited trial in a dispute over the procurement of respiratory protective equipment ("RPE") for the London Fire Brigade.
Aug 05, 2021

High Court judge says housing authority has no power or discretion to accept request for late review of s.107D(3) notice

A local housing authority has no power or discretion to accept a request for a review of their proposal not to grant another tenancy on the expiry of the fixed-term of the tenant's existing flexible tenancy, if that request is made more than 21 days after the service of a notice pursuant to s.107D(3) Housing Act 1985, a High Court judge has ruled.
Aug 02, 2021

Council did not have reasonable system in place to respond to police requests for accommodation for detained juveniles: Court of Appeal

The London Borough of Waltham Forest was in breach of its duty to have a reasonable system in place to respond to requests by the police for secure accommodation for juveniles at risk of being detained in police cells overnight, the Court of Appeal has ruled.
Jul 22, 2021

High Court criticises Magistrates Court for failure to state a case in closure order dispute

Leeds District Magistrates Court erred by deeming an application frivolous and refusing to state a case for the opinion of the High Court, a judge has ruled.
Jul 08, 2021

Volume of laws makes it impossible for local authorities to enforce them, warn private landlords

Private landlords have complained that there will be 168 pieces of legislation governing their relations with tenants once the new Building Safety Bill passes through Parliament.
Jun 21, 2021

Councils issue £1m in penalties against businesses for breach of Covid restrictions

Local authorities have issued 1,201 penalties to businesses for violating Covid business restrictions, to a value of £1,076,820, research has revealed.
Jun 21, 2021

Ministry consults on statutory guidance and regulations for new duty to provide support in safe accommodation for domestic abuse victims

The Ministry of Housing, Communities and Local Government has launched a consultation on the draft statutory guidance and two sets of regulations on the new duty for tier 1 local authorities in England relating to the provision of support in safe accommodation for victims of domestic abuse and their children.
Jun 18, 2021

Investigation of organisations using live facial recognition technology in public spaces found none compliant with data protection law: ICO

An investigation by the Information Commissioner's Office (ICO) published today (17 June) found that out of a group of organisations using live facial recognition (LFR) technology in public spaces, none were fully compliant with data protection law requirements.
Jun 15, 2021

Nine law firms appointed to £65m police consortium legal services panel

The Mayor's Office for Policing and Crime (MOPAC) has appointed nine law firms to a national framework for legal services worth up to £65m over four years.
May 28, 2021

Police force obtains gang injunctions banning brothers from music videos glorifying gun and drug crime

West Midlands Police has secured gang injunctions banning two brothers from Birmingham from appearing in drill music videos glorifying gun and drug crime.
May 27, 2021

City council threatened with legal action over plans to extend HMO licensing scheme

Local landlords have threatened legal action over City of York Council’s proposals for an extended licensing scheme for houses in multiple occupation (HMO).
May 19, 2021

London borough facing legal action over "failure to act" on harassment outside Marie Stopes Clinic

The Good Law Project and Sister Supporter have threatened Camden Council with legal action over the local authority’s alleged ongoing failure to deal with the intimidation and harassment of women outside the Marie Stopes Clinic in the borough.
May 18, 2021

Council secures “first of its kind” High Court injunction against residents to stop them living in unsafe house in multiple occupation

Thurrock Council has been granted an interim injunction by the High Court to prevent two residents living in an unsafe House in Multiple Occupation (HMO).
May 18, 2021

New 'Core Code of Ethics' launched for fire and rescue services

A new Core Code of Ethics for fire and rescue services (FRS) has been launched by the Local Government Association, the National Fire Chiefs Council and the Association of Police and Crime Commissioners.
May 12, 2021

High Court issues key ruling on "Traveller Injunctions" and "persons unknown", criticises suspected procedural breaches and abuse of court procedures in applications for interim orders

There are grounds to suspect that, in a significant number of applications by local authorities for interim injunctions against “Persons Unknown” targeting unauthorised encampments on land, there were material and serious breaches of the procedural requirements and the procedures of the Court – and the Interim Applications Court of the Queen’s Bench Division (Court 37) in particular – have been…
Apr 30, 2021

Councils to be under new legal duty to provide support to victims as Domestic Abuse Bill receives Royal Assent

Councils will from this summer have a legal duty to provide support such as therapy, advocacy and counselling in safe accommodation, including refuges, to victims of domestic abuse and their children, after the Domestic Abuse Bill this week (29 April) received Royal Assent.
Apr 14, 2021

Landlord ordered to pay £90k+ for safety failings

A prosecution brought by Welwyn Hatfield Borough Council has seen a landlord and his management company ordered to pay more than £90,000 in fines and legal costs over safety failings.
Mar 24, 2021

Public Accounts Committee warns of “huge backlogs” in courts, justice system under “unprecedented pressure”

The Ministry of Justice "faces significant risks across the full range of its services, without a clear sense of prioritisation" and huge backlogs that have built up are causing "unacceptably long waiting times for people to access justice", the Public Accounts Committee has said.
Mar 17, 2021

Government to make combined authority mayors, Mayor of London and Police and Crime Commissioner elections ‘first past the post’, look to mandate transfer of fire and rescue functions to PCCs

The Government is to change the voting system for all Combined Authority Mayors, the Mayor of London and Police and Crime Commissioners (PCCs) to ‘First Past the Post’, the Home Secretary has announced this week.
Mar 15, 2021

High Court judge finds councils have power during pandemic to accommodate rough sleepers with no recourse to public funds

Local authorities have powers during the Covid pandemic to provide accommodation for rough sleepers with no recourse to public funds (NRPF), a High Court judge has ruled.
Mar 11, 2021

Council settles challenge over placing of women fleeing domestic abuse in accommodation shared with men

A London borough has settled a legal challenge over the placing of homeless women fleeing domestic abuse in accommodation shared with men.
Mar 11, 2021

Councils and other public bodies to be put under legal duty to share data and intelligence in cases of serious violence

A new legal duty is to be imposed on local authorities, the police, criminal justice agencies, health and fire and rescue services to share data and intelligence in cases concerning serious violence.
Mar 09, 2021

Housing Ombudsman starts publishing its investigation reports on individual cases

The Housing Ombudsman has started publishing all decisions on cases investigated, which it described as “a major step in increasing its transparency”.
Mar 05, 2021

Council takes legal action against housing associations over standard of homes

Lambeth Council is taking legal action against three housing associations after an internal report claimed they had failed to keep homes up to standard.
Feb 25, 2021

Landlords win appeals over "unfair" FTT proceedings where - in absence of hearing - criminal offences found to have been committed

Three private landlords have won appeals at the Upper Tribunal (Lands Chamber) over whether the criminal standard of proof was met in rent disputes at the First Tier Tribunal (FTT).
Feb 24, 2021

Court fines for fly-tipping up a third in 2019/20: Defra

The number of court fines issued for fly-tipping in England increased 30% in 2019/20 from 2,056 to 2,671, the Government’s annual statistics have revealed.
Feb 24, 2021

Prosecution led by city council sees fly-tipper jailed for 13 months

A fly-tipper prosecuted by Birmingham City Council has been jailed for 13 months after pleading guilty to waste offences and breaches of consumer protection legislation.
Feb 24, 2021

Judges overturn conviction for refusal to give name and address in case of suspected Covid regulations breach

The Administrative Court has ruled that a man was entitled to refuse to give his name and address to a police officer who wanted to issue a fixed penalty notice for breach of lockdown regulations.

  MORE FEATURES

May 28, 2021

Met Police press release libel claim dismissed following trial

The High Court has dismissed a claim brought over a Metropolitan Police press release, upholding defences of truth and no serious harm at trial, writes Gervase de Wilde.
April 07, 2021

Dealing with Hoarding during the Coronavirus crisis

There has been some focus on the effects of anti-social behaviour upon neighbours but what about cases such as hoarding where the main person affected is the hoarder themselves and the property? Anna Bennett looks at the options.
March 02, 2021

Providing information about anti-social behaviour

In the light of a recent case Melanie Dirom considers a landlord’s duty of care to provide anti-social behaviour and complaints information.
February 05, 2021

Data-sharing safeguards: no ‘micro-managing’

Robin Hopkins looks at the lessons to be learned from an important Court of Appeal ruling on data-sharing, in a case involving the arrangements between a police force and a local crime reduction partnership.
December 22, 2020

New local authority Covid enforcement powers

Gary Grant analyses the new enforcement tools that allow local authorities in England to take action against premises that do not comply with COVID-secure rules.
December 11, 2020

Coronavirus restrictions and interim steps appeals

Birmingham Magistrates’ Court has this week (10 December 2020) dismissed appeals against interim steps taken by Birmingham City Council on summary reviews of two premises licences that arose out of trading in breach of restrictions imposed on the hospitality sector as part of the response to the Coronavirus pandemic. Charles Holland explains why.
November 20, 2020

Local authority powers to obtain injunctions

The Court of Appeal has upheld the right of local authorities to obtain injunctions using their broad, general power to issue legal proceedings under section 222 of the Local Government Act 1972. Alexander Campbell looks at the lessons to be learned.
November 04, 2020

The Lockdown 2 Regulations

Gary Grant and Charles Holland summarise the key points from the regulations implementing the latest national lockdown.
October 19, 2020

The 3-Tier Covid Regulations: Impact on Licensed Premises

Gary Grant and Charles Holland summarise the new system brought in through the 3-Tier Covid Regulations and focus on its impact on licensed premises.
September 29, 2020

PSPOs - a vital tool for tackling anti-social behaviour

Kuljit Bhogal outlines the uses of Public Space Protection Orders for tackling drinking and other issues in public spaces.
September 18, 2020

Do local authorities have the power to impose a full scale local 'lockdown'? UPDATED

Christopher Bevan examines the powers available to local authorities particularly under Regulation 6 of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 in providing a local public health response to the incidence and spread of coronavirus.
September 18, 2020

Emergency Services collaboration

Nathan East considers the PEEL report which looked into the successes and pitfalls of police-to-police collaboration.
September 15, 2020

The "Rule of 6" Coronavirus Regulations

Gary Grant sets out the key elements of the government's new 'Rule of 6' regulations.
September 04, 2020

Policing our privacy – where does the law lie?

David Mitchell analyses the Court of Appeal's recent ruling on the use of facial recognition technology by South Wales Police.
August 21, 2020

Anti-social behaviour, rough sleeping and injunctions

In a rare occurrence, North Lincolnshire Council recently secured an injunction pursuant to the Anti-social behaviour, Crime and Policing Act 2014 in respect of two rough sleepers. The powers under section 1 of the Act tend to be used exceptionally and many Courts are unfamiliar with them, writes Ben Williams.
July 29, 2020

Upper Tribunal revisits "What is an HMO?"

It is vital that landlords, tenants and local authorities all understand when a property should properly be classed as a House in Multiple Occupation (“HMO”). Christopher Hoskins outlines a recent Upper Tribunal case which revisited this issue as it affects blocks of self-contained flats.
July 29, 2020

Stock Transfer RPs and the use of mandatory ground 7A

Yetunde Dania analyses a recent housing law case which, she says, will be a source of comfort to Large Scale Voluntary Transfer (LSVT) registered providers of social housing when they are seeking to recover possession based on ground 7A.
July 27, 2020

Statutory taxi and private hire vehicle standards

Philip Kolvin QC examines the statutory and philosophical underpinning of the Statutory Taxi and Private Hire Vehicle Standards, together with their implications for licensing regulation.
July 03, 2020

Breaches of PSPOs and reasonable belief

Kuljit Bhogal reports on an important High Court ruling on breaches of Public Spaces Protection Orders.
June 29, 2020

Disrepair during COVID-19

Victoria Curran looks at how to take a pragmatic and common sense approach to housing disrepair during the coronavirus pandemic.
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