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Masthead Housing - Litigation

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Compliance with the cost budgeting process

The High Court has sent a firm message to litigants who seek to take advantage of the courts' hard-line stance on the cost budgeting process, writes Laura Murray.

News headlines

Dec 20, 2017

Developer nets injunction preventing council from presenting winding up petition

A developer has secured a final injunction from the High Court preventing Liverpool City Council from presenting or advertising a winding up petition.
Dec 14, 2017

Government policy on rough sleeping by EEA nationals unlawful: High Court

The Government’s policy of treating rough sleeping by EEA nationals as an abuse of EU treaty rights, rendering the individuals liable to removal if proportionate to do so, is unlawful, a High Court judge has ruled.
Dec 13, 2017

Estate agents fined £35k over failure to provide safety information on HMO

Estate agent Foxtons has been fined £35,000 following action against it by the London Borough of Tower Hamlets.
Dec 06, 2017

Supreme Court rejects appeal by council over reasons for planning decision

The Supreme Court has unanimously rejected a council’s appeal over the quashing of the grant of planning permission for a controversial residential development in an area of outstanding natural beauty.
Dec 04, 2017

Family with no recourse to public funds wins judicial review battle with council

Milton Keynes Council failed to properly consider an application for help with housing by a family without recourse to public funds.

Features and analysis

Giving reasons for planning decisions

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Ned Westaway and Charlie Merrett consider the duty to give reasons for planning decisions in light of the Supreme Court's ruling in Dover District Council v CPRE Kent.

Norton your nelly!

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The Court of Appeal has rejected a starter tenant's policy-breach complaints. Dean Underwood explains why.

Supreme Court rejects appeal by Zambrano carer over provision

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The Supreme Court has this week rejected a claim that the denial of mainstream welfare and housing provision to a Zambrano carer and her child was unlawful.

The Pre-Action Protocol for Debt Claims

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John Schmitt sets out and discusses the newly in force Pre-Action Protocol for Debt Claims, which applies to public bodies - amongst others - claiming payment from an individual.

Older articles

Nov 30, 2017

Supreme Court to rule next week on adequacy of reasons in planning

The Supreme Court will next week hand down a key ruling on the correct legal standard to be applied in assessing the adequacy of reasons provided by local planning authorities when granting planning permission.
Nov 30, 2017

DCLG defeats challenge over failure to give reasons for not calling in scheme

A heritage group has lost a judicial review over an unannounced change in government policy on how it responds to requests to call in planning applications.
Nov 30, 2017

Council concern at impact of High Court ruling quashing housing mix policy

A High Court ruling that quashed Charnwood Borough Council’s new housing mix policy may have reduced the scope for authorities to produce supplementary planning documents, the council has claimed.
Nov 24, 2017

District wins first ever judicial review challenge to decision of planning inspector

Tendring District Council has won its first ever judicial review challenge over a decision of a planning inspector.
Nov 21, 2017

Home Office faces High Court hearing over policy on rough sleeping EEA nationals

The High Court is today [21 November] set to begin hearing a judicial review challenge to the Home Office’s policy towards rough sleeping EEA nationals.
Nov 17, 2017

Supreme Court rejects appeal by Zambrano carer over provision

The Supreme Court has this week rejected a claim that the denial of mainstream welfare and housing provision to a Zambrano carer and her child was unlawful.
Nov 17, 2017

The Pre-Action Protocol for Debt Claims

John Schmitt sets out and discusses the newly in force Pre-Action Protocol for Debt Claims, which applies to public bodies - amongst others - claiming payment from an individual.
Nov 10, 2017

Finding fundamental dishonesty

Does dishonesty or fraud have to be pleaded for the court to make a finding of fundamental dishonesty? Chris Booth reports on a Court of Appeal ruling.
Nov 10, 2017

Challenge to CPO dismissed

The High Court has dismissed a statutory challenge to a compulsory purchase order. George Mackenzie looks at the judge’s approach.
Nov 10, 2017

"Up to 6" does not meet 5

The Court of Appeal quashed a Somerset planning permission, in a case concerning the correct interpretation of a development plan policy. Stephen Whale explains why.
Nov 09, 2017

Supreme Court to rule next week on regulations on Zambrano carers

The Supreme Court will next week hand down an important judgment on the lawfulness of the regulations governing Zambrano carers and benefits.
Nov 08, 2017

Court refuses to quash decision to issue summons for alleged housing offences

A minor error on a summons issued by a borough council in relation to alleged Housing Act offences did not invalidate it, the Administrative Court has ruled.
Nov 03, 2017

Homelessness update

Sarah Salmon looks at recent Court of Appeal decisions that provide guidance on vulnerability under section 189(1)(c), Housing Act 1996; contracting out and the Public-Sector Equality Duty (PSED); and intentional homelessness - breaking the causal…
Nov 01, 2017

High Court judge rejects appeal by council over dismissal of possession claim

An appeal by the London Borough of Southwark in a possession case has been dismissed as being based on a disagreement about the facts found by the original judge.
Oct 27, 2017

Direct action: natural justice

James Goudie QC examines a recent Planning Court challenge to a council's decision to take direct action under s.178(1) TCPA in order to demolish the claimants' dwelling house.
Oct 25, 2017

Local authority wins tribunal case over student accommodation and council tax

The Valuation Tribunal has dismissed an appeal by a student accommodation provider over the application of council tax exemptions to student flats.
Oct 23, 2017

Council defeats appeal over HMOs, business premises and number of storeys

A business premises situated below a house in multiple occupation (HMO) will count towards the number of qualifying storeys, a High Court judge has ruled.
Oct 20, 2017

Former TCC judge in Birmingham joins litigation team at Trowers & Hamlins

The former Judge of the Technology and Construction Court (TCC) in Birmingham, His Honour David Grant, has joined the litigation team at Trowers & Hamlins.
Oct 20, 2017

Homelessness and vulnerability

What is the correct test as to whether a person has a priority need for accommodation by reason of vulnerability? Riccardo Calzavara reports on an important Court of Appeal ruling.
Oct 20, 2017

Implying terms into planning conditions

Can a whole new term be implied into a planning condition? Sasha Blackmore reports on a significant Planning Court ruling.

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