borough of opportunity LITIGATION LAWYER Finance & Corporate Services Department

Transcription

1 Hammersmith & Fulham borough of opportunity LITIGATION LAWYER Finance & Corporate Services Department Application Pack

2 Information for applicants Politically Restricted Post Job Description/Selection Criteria 2

3 POLITICALLY RESTRICTED POST The Local Government and Housing Act 1989 requires the Council to designate certain posts as politically restricted. The Council has designated this post as politically restricted. This means that the Act and regulations made under it debar you from engaging in certain political activities should you be successful in obtaining this post. The following is a summary of some of the provisions of the Act and the regulations made under it. HOLDING POLITICAL OFFICE By regulations made under the Act if you announce that you intend to stand for election to a Local Authority, Parliament or the European Parliament your appointment to this post will terminate forthwith. POLITICAL ACTIVITIES The act and Regulations made under it debars you from: (a) Acting as an election agent or sub-agent for a candidate. (b) Participation in the general management of a political party or branch of such a party or acting on behalf of a party or branch in dealings with persons other than those who are members of that party, branch or an associated party. (c) Canvassing on behalf of a party or a candidate (displaying a poster in your home or in your car is specifically exempted from these restrictions). (d) Speaking in public or allowing to be published a work that has the apparent intention of affecting public support for a political party. If you engage in these activities the Council is required to enforce this term of your contract through the disciplinary procedure. There is no right to apply for exemption from political restriction as this post is a Specified Post under the Local Government and Housing Act

4 London Borough of Hammersmith & Fulham Job Description Designation: Litigation Lawyer (PO3-4)/Senior Litigation Lawyer (PO5) Post No: L90098 Department: ACE Section or service: Legal Services - Litigation Responsible to (designation): Principal Litigation Lawyer Employees directly supervised (if any): None Structure Chart: Head of Legal Services Head of Litigation Principal Litigation Secretary x 2 Senior Litigation Officer Litigation Lawyer x 3 Litigation Assistant x 4 4

5 1. Job Purpose: 1.1 To deal primarily with litigation and other contentious matters in the Litigation Section of the Legal Division. 2. Description of Duties: 2.1 At all times to carry out all duties with due regard to the Council s Equal Opportunities Policy. 2.2 To deal with all legal issues relating to litigation in the County Court, High Court, Crown Court and Magistrates Court or any other Tribunal brought by the Council including defending proceedings brought against the Council. 2.3 To research and advise other departments on matters arising in connection with housing issues and out of proceedings brought by or against the Council. 2.4 To appear as the Council s advocate on behalf of all or any of the Council s departments on a wide range of matters, including high level and complex cases, where necessary appearing against Counsel or Lawyers in proceedings in Courts, Tribunals or Inquiries. 2.5 To brief, and as the Council s sole representative, attend conferences with Counsel as necessary. 2.6 To be aware and keep abreast of changes in legislation and case law affecting the range of matters dealt with in the section. 2.7 To advise Councillors and officers as required, on functions relating to civil litigation, such advice to include that of a complex nature. 2.8 To draw and settle Bills of Costs (having them taxed where necessary) in connection with actions brought by and against the Council. 2.9 To represent the Head of Legal Services, where representation is required at meetings: (i) of elected members (ii) with other departments (iii) with outside agencies (iv) of corporate working groups To advise and contribute to the development of staff in the section In the absence of the Head of Litigation, Principal Litigation Lawyer, Senior Litigation Lawyer and Senior Litigation Officer to be responsible for the 5

6 management of Legal Secretaries and any locum staff To contribute to the implementation and operation of various quality systems including Lexcel and IiP within the Legal Services Division and to meet such performance targets as may be set from time to time. 3. To progress to PO4 The postholder should have carried out the following duties to a high standard: 3.1 Experience of advocacy at an injunction hearing at the on notice/without notice stages. 3.2 Assisted in the development of policy and procedures in the Litigation Section. 3.3 Have a good knowledge of the law relating to Homelessness including Judicial Review Disrepair Commercial Landlord and Tenant Nuisance Housing Acts 1985 and Civil Procedure Magistrates Court procedure. 4. To progress to PO5 The postholder should have completed at least 12 months satisfactory service and, in addition to the above duties should have: 4.1 Extensive experience and knowledge of to 3.47 above. 4.2 Experience of advocacy at a contested injunction hearing. 4.3 Acted a legal adviser on a substantial matter of policy. 4.4 To have carried out training for a client department in respect of at least one of its functions and to have demonstrated an involvement in a continuing programme of training in legal services and client departments. 4.5 To have made a significant contribution to the management of the team and representing the team at internal and Council wide meetings which include for example:- 6

7 Involvement in supervision and appraisal of staff or mentoring or recruitment within the team or Division. Involvement in the development or audit of Lexcel practice or procedure within the Division. Deputising or Chairing at team meetings. Advising Director or Member level meetings or equivalent as the Division s sole representative (excluding committee meetings). Satisfactory completion of an agreed management project. Representing the Head of Legal Services at Committee and Panel meetings. Attending client liaison or SLA meetings as the team s representative. 7

8 Job Title: Litigation Lawyer Selection Criteria Department: F&CS Post No: L90098 Selection Criteria are the essential skills, abilities, knowledge, experience and/or qualifications required to be able to carry out the duties of the post. Please address each of the criteria listed below. Draw upon all of your experience, whether it has been gained at work, home or in the voluntary sector. A B C D E F G H I J A commitment to the Council s Equal opportunities policies and the ability to understand and implement these policies in relation to the job responsibilities. Admitted as a Solicitor or Barrister (in England or Wales). Ability to communicate effectively, verbally and in writing with staff at all levels, Councillors and outside agencies. Knowledge of the law and practice relating to civil litigation conducted by local authorities including: Housing and Homelessness Landlord and tenant Antisocial behaviour Judicial Review Knowledge of the law and practice relating to local authority prosecutions including: Environmental crime Highways Trading standards Fraud A good knowledge of High Court, Crown Court, Magistrates Court and County Court procedure. Ability to advocate as the Council s sole representative in all Courts and Tribunals. Ability to work as part of a team. Ability to draft complex documents relation to Litigation. Ability to develop and use Information Technology and other systems relating to litigation processes. 8