Local Government Lawyer

Government Legal Department Vacancies


The section 58 defence in the Highways Act 1980

The Court of Appeal recently allowed a claimant’s appeal against a judge’s decision to reject his claim for liability against a county council in relation to a hole in a grass verge which caused him to fall off his bicycle. Martin Porter KC and Anastasia Karseras explain why.
July 11, 2025
The section 58 defence in the Highways Act 1980

News


News



Must read

LGL Red line

Families refusing access to support

Is home a suitable option for residence and care for a vulnerable adult if their family refuses access to support? Sophie Holmes analyses a recent ruling.
Families refusing access to support

Must read

LGL Red line

Families refusing access to support

Is home a suitable option for residence and care for a vulnerable adult if their family refuses access to support? Sophie Holmes analyses a recent ruling.
Families refusing access to support

Features

LGL Red line
Aug 12, 2025

FOI is a collateral attack on enforcement

Roderick Morton examines the outcome of a recent First-tier Tribunal case where a planning consultant sought information about a local authority’s handling of planning enforcement.
Aug 01, 2025

Flood risk and emerging Local Plans

Paul Cairnes KC and Jessica Allen analyse a significant decision by a planning inspector on flood risk and emerging Local Plans at Reg.19 stage.
Jul 25, 2025

Surface water and flood risk

A Planning Policy Guidance (PPG) change could easily mop up this surface water flood risk sequential test mess, writes Simon Ricketts.

Features

LGL Red line
Jun 06, 2025

The statutory duty under s.41 Highways Act 1980

Carol Cheng makes some observations on two different public liability cases alleging breach of statutory duty under s.41 Highways Act 1980 (Duty to maintain highways maintainable at public expense) which gave rise to different outcomes.
May 02, 2025

Time limits and CIL

Christopher Cant looks at the lessons to be learned from a recent judicial review challenge over a council’s decision to issue and serve a CIL (Community Infrastructure Levy) stop notice.
Apr 22, 2025

Cross-examination in judicial review

The High Court has rejected a parish council’s claim of legitimate expectation in a dispute over whether a district’s leader made a binding promise in a local meeting about the route of a ‘greenway’. Charles Streeten and Michael Feeney analyse the ruling.
Apr 04, 2025

Take it to the bridge

The High Court recently dismissed a wide-ranging judicial review challenge to the proposed Oxpens Bridge in Oxford. Meyric Lewis KC explains why.

Features

LGL Red line
Aug 22, 2025

Consistency in disciplinary processes

A recent Court of Appeal case involving a city council is a reminder of how important it is for employers to ensure consistent disciplinary processes, writes Sharmin Chowdhury.
Aug 21, 2025

New statutory guidance on RSHE

The Department for Education has issued new statutory guidance for schools on relationships, sex and health education. Veryan Exelby, Sophia Coles and Alex Evans set out the key points.
Aug 21, 2025

Tracking down the abducted ‘P’

Alex Ruck Keene KC (Hon) examines a recent ruling that set out a menu of options for Court of Protection practitioners when faced with the abduction of ‘P’.
Aug 21, 2025

What does the law say about hair strand testing?

For years, companies providing hair strand testing (HST) for child proceedings have been largely self-regulating. Providers have often chosen what is quickest and cheapest for them, not necessarily what is best for the courts and families.

Webinars

Webinars

Local Authority Insight Series: Making Highways Fit for the Future

Join Ruth Stockley, barrister at Kings Chambers, and Chris Burgess of Norfolk County Council for an in-depth discussion that addresses the legal issues and obstacles involved with adapting highways for a low carbon future and the legal tools available to local authorities.

SPONSORED

Unlocking legal talent

Jonathan Bourne of Damar Training sets out why in-house council teams and law firms should embrace apprenticeships.

Webinars

LGL Red line  

More features

LGL Red line
Jul 03, 2025

High Court Dismisses Challenge to New Super Prison

The High Court has refused permission to challenge the Secretary of State's decision to grant planning permission for so called 'super prison' on Green Belt land near HMP Garth and HMP Wymott in Lancashire.
Jul 01, 2025

Deploying ‘ADR’ in Planning & Compensation contexts

John Pugh-Smith looks at how these aspects of alternative dispute resolution (ADR) can now be made to work and at different stages of a dispute. Put another way, the “A” in ADR is not just “alternative” but also “adaptable”, “agile” and “accessible”.
Jun 20, 2025

Negotiating s106 agreements

Why does negotiating section 106 agreements have to be such a drag? Simon Ricketts looks at the key issues.
Jun 11, 2025

Planning reform to accelerate housing delivery - at what cost?

Chrisa Tsompani examines how the Government’s sweeping planning reforms could reshape every layer of the building sector – from local authorities to small-medium builders, and considers the critical implications for environmental policies.
Jun 11, 2025

Clarity on solar ‘overplanting’

The High Court recently considered the role of a National Policy Statement in an ‘overplanted’ solar farm development with capacity under 50MW. Katherine Evans examines the ruling.

More features

LGL Red line
Apr 04, 2025

Take it to the bridge

The High Court recently dismissed a wide-ranging judicial review challenge to the proposed Oxpens Bridge in Oxford. Meyric Lewis KC explains why.
Jan 15, 2025

Removal of neighbourhood traffic schemes

A High Court judge has dismissed a judicial review claim against the decision of Tower Hamlets to remove so-called ‘Liveable Streets’. Saira Kabir Sheikh KC and Daisy Noble explain why.
Nov 29, 2024

Highway to Homes

Thomas Horner looks at the role of infrastructure in housing development.

More Features

LGL Red line
Aug 14, 2025

Instruction of experts in housing disrepair claims

A recent decision of the Designated Civil Judge for Bristol has offered valuable guidance to social landlords and a salutary warning to those acting for tenants in housing conditions claims, writes David Harry of Hugh James' Dispute Resolution Team.
LGL Red line
Aug 13, 2025

The landfill tax and local authorities

The UK landfill tax consultation unveiled major potential reforms: how will this impact local authorities? Paul Collins of Ashfords explains.
Aug 12, 2025

FOI is a collateral attack on enforcement

Roderick Morton examines the outcome of a recent First-tier Tribunal case where a planning consultant sought information about a local authority’s handling of planning enforcement.
Aug 08, 2025

It was Darkest Before The Dawn

Philip Kolvin KC explains how the Night Time Industry’s Manifesto Darkest Before the Dawn provided the inspiration for the Licensing Taskforce’s recent report.
Aug 08, 2025

In ‘n’ Out – insourcing vs outsourcing

With the launch of the recent Cabinet Office consultation on further reforms to public procurement and the proposal for a public interest test to inform sourcing decisions, Eleanor McClelland considers key issues for contracting authorities when deciding whether to insource or outsource.
Aug 06, 2025

Re-evaluating Birmingham v Lee

Karamjit Singh highlights the importance of understanding the continued relevance of the 2008 Court of Appeal ruling in Birmingham v Lee to housing disrepair litigation.
Aug 01, 2025

Flood risk and emerging Local Plans

Paul Cairnes KC and Jessica Allen analyse a significant decision by a planning inspector on flood risk and emerging Local Plans at Reg.19 stage.
Aug 01, 2025

The Housing Ombudsman on ASB

Harry Browne sets out some key takeaways from the Housing Ombudsman's recent report on anti-social behaviour.
Jul 30, 2025

The role of substitutes

Geoff Wild looks at the practice of local authorities nominating substitutes when a member is unable to take their place on a committee.
Jul 30, 2025

The Pensions Scheme Bill and the LGPS

Kate Beech and Mary Mundy reflect on the changes in the new Pensions Scheme Bill for the Local Government Pension Scheme (“LGPS”).